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Articles 1 - 18 of 18
Full-Text Articles in Law
Damn It! A Conversation On Being Black, Female, And Marginalized During The Covid-19 Pandemic: Is The World Listening? A Conversation Between Black Female Law Professors, Patricia A. Broussard
Damn It! A Conversation On Being Black, Female, And Marginalized During The Covid-19 Pandemic: Is The World Listening? A Conversation Between Black Female Law Professors, Patricia A. Broussard
Journal Publications
We are African American women with a combined forty-four years in academia. We are professors of law and have seen firsthand how COVID-19 has ravaged African Americans across this country. As we conversed with one another in the Spring of 2020 about what we were witnessing, we began to look through the spectrum of the law and discrimination, and how this novel Coronavirus is laying bare the inequities and inequalities that have been evident for hundreds of years in the Black community. We felt compelled to put pen to paper and document our conversations in an attempt to give a …
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin
Library Faculty Publications
On the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease's ability to …
Can They Do That?: The Limits Of Governmental Power Over Medical Treatment, Paul Jerome Mclaughlin Jr.
Can They Do That?: The Limits Of Governmental Power Over Medical Treatment, Paul Jerome Mclaughlin Jr.
Library Faculty Publications
The government’s power over health care is strongest when health care treatments and precautions to protect the public welfare, such as quarantines and vaccinations, are at issue. Governmental power over health care decisions weakens when an individual’s health care decisions are in question. When health care decisions would only affect the individual making them, the government’s power is even less. This article argues that government agents must be cautious in making health care determinations for others and that they should aim to protect an individual’s right to self-determination so long as those choices do not pose a threat to the …
"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
Alumni Works
Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.
Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria
Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria
Journal Publications
The enactment of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) was well-received by all as it repealed Medicare’s Sustainable Growth Rate and, in its place, mandates the implementation of a new system for health care delivery and payment. Under MACRA, health care providers are expected to work together and coordinate their efforts with the goal of improving patient outcomes and controlling costs. For the first time ever, federal reimbursements will be tied to quality of care and improved cost efficiencies. However, as a new law, MACRA’s potential for success needs to be measured in terms of its …
What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page
Journal Publications
This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."
Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias
Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias
Student Works
Dealing with catastrophic outbreaks of communicable disease will likely be one of the greatest challenges facing state and federal governments in the United States in the twenty-first century. In the last fifteen years, policymakers have become increasingly sensitive to the prospect of bioterrorism acts involving contagious diseases and the threat of rapid international transmission of diseases ranging from influenza to Ebola. The danger to public health posed by disease outbreak—and the danger to social order that would follow a disease outbreak—make it clear that any risk of a rapidly spreading, communicable disease would have to be met with swift and …
Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Jerome Mclaughlin Jr.
Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Jerome Mclaughlin Jr.
Library Faculty Publications
The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received.
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith
Journal Publications
The state of Americans' health care has been troubling, especially before health care reform.The Affordable Care Act (ACA) is often touted as universal health care, and the initial intention was for the U.S. to have universal health care. However, with all of the compromises involved in its passage, the ACA resulted in comprehensive health insurance reform, significantly increasing the accessibility, affordability, and quality of health care for most, but not all, Americans. The ACA is a substantial step toward universal health care-a near-universal mandate-that may soon provide coverage to all Americans, and even include undocumented immigrants. Americans can find excellent …
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith
Journal Publications
Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Childhood Obesity As Child Abuse, Cheryl Page
Journal Publications
With all of the mudslinging that is taking place in the current healthcare debate, very few proponents and opponents seem to be addressing the elephant in the room-obesity. Childhood obesity, specifically, is rising at an alarming rate. "The prevalence of obesity (BMI 30) continues to be a health concern for adults, children and adolescents in the United States." Sadly, the rate of adult obesity is increasing almost as dramatically as that of childhood obesity. Based on the National Health and Nutrition Examination Survey (NHANES) study, in the combined years of 2003-2006, of children between the ages of two and nineteen, …
Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith
Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith
Journal Publications
Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA.
Undoing The Damage Of The Dew, Priscilla Norwood Harris
Undoing The Damage Of The Dew, Priscilla Norwood Harris
Journal Publications
Over the past several decades, American consumption of carbonated soft drinks (CSDs) has increased dramatically. In 1947, Americans consumed on average two soft drinks per week.s By 1996, they consumed on average approximately two soft drinks per day. As a result, the CSD industry is, as of 2007, a $72 billion a year industry. There is a dark side to all of this consumption. Numerous studies link consumption of CSDs to various health problems,' including: heart disease, obesity, osteoporosis, and dental harm, especially dental erosion. The main culprits causing the dental harm are not the cola CSDs but rather the …
"Dirty Pretty Things" And The Law: Curing The Organ Shortage & Health Care Crises In America, Jennifer M. Smith
"Dirty Pretty Things" And The Law: Curing The Organ Shortage & Health Care Crises In America, Jennifer M. Smith
Journal Publications
There is an organ shortage crisis in the world, especially for kidneys and livers, resulting in approximately 6,000 deaths annually in the United States alone. There is also a health care crisis in the United States, with roughly sixteen percent of the population uninsured, resulting in approximately 18,000 deaths annually. In 1984, the National Organ Transplant Act ("NOTA') banned the acquisition of human organs in exchange for valuable consideration, primarily to prevent the exploitation of poor people--those who are most likely to sell their organs. Transplant professionals are increasingly pushing to legalize the outright sale of human organs from living …
Money, Fear And Prejudice: Why The Courts Killed Terri Schiavo, Priscilla Norwood Harris
Money, Fear And Prejudice: Why The Courts Killed Terri Schiavo, Priscilla Norwood Harris
Journal Publications
On March 31, 2005, thirteen days after the court-ordered removal of her feeding tube, Theresa Marie Schindler Schiavo (Terri) died from dehydration. At the time of her death, Terri did not suffer from a terminal condition; if provided with nourishment, her life expectancy was at least ten years. Since February 1990, Terri had been unconscious. Terri left no living will or written directive as to her wishes. Family members vehemently disagreed as to whether Terri, raised in the Catholic faith, would have wanted her feeding tube removed. To legally end Terri's life, Florida law required the person petitioning for her …
Abortion Rights In America, Joan R. Bullock
Abortion Rights In America, Joan R. Bullock
Journal Publications
The purpose of this Article is to raise the question of whether abortion is an answer to the numerous inequalities that confront many women when there is an unwanted pregnancy, or whether abortion exacerbates the inequalities by encouraging the subordination of women to men. There is the additional question of whether the judicial system is the appropriate forum for deciding the abortion issue-an issue that invokes high emotions and one that is fraught with deeply held and divergent moral convictions. It is my opinion that abortion has provided women with only an illusion of choice rather than meaningful choice because …