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Full-Text Articles in Law
A Physician's Apology: An Argument Against Statutory Protection, Nancy L. Zisk
A Physician's Apology: An Argument Against Statutory Protection, Nancy L. Zisk
Richmond Journal of Law and the Public Interest
After a review of a physician's ethical duty to disclose and the empirical evidence of how open and honest communication between patient and physician actually benefits both the patient and the treating physician, the paper questions whether apologies by health care providers need the protection afforded by these laws. Section II reviews the history of the medical profession's tendency toward silence and the reasons for that silence. Section III examines the state statutes passed to encourage the breaking of this silence. Section IV reviews the state rules of evidence that have traditionally been applied to determine whether or not statements …
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Richmond Journal of Law and the Public Interest
This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …
Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz
Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz
Richmond Journal of Law and the Public Interest
There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Richmond Journal of Law and the Public Interest
In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Journal of Law and the Public Interest
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
Is Circumcision Legal?, Peter W, Adler
Is Circumcision Legal?, Peter W, Adler
Richmond Journal of Law and the Public Interest
An important, divisive, and unanswered question of American law - and indeed of international law - is whether it is legal to circumcise healthy boys. American medical association and experts assert that circumcision is a common, safe, and relatively painlesss procedure with many medical benefits that exceed the risks. They argue that insurance should pay for it. Some religious organizations argue that circumcision is a sacred religious ritual. In any event, proponents claim that parents have a general and religious right to make the circumcision decision. They can point to the fact that no physician has ever been held liable …
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Journal of Law and the Public Interest
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Richmond Journal of Law and the Public Interest
While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Richmond Journal of Law and the Public Interest
coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …
Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson
Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson
Richmond Journal of Law and the Public Interest
This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther
Richmond Journal of Law and the Public Interest
In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Richmond Journal of Law and the Public Interest
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …
Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam
Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam
Richmond Journal of Law and the Public Interest
We cannot look at the legal issues of pandemic influenza in a vacuum. This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing for a pandemic. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during …
What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford
What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford
Richmond Journal of Law and the Public Interest
In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Journal of Law and the Public Interest
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Richmond Journal of Law and the Public Interest
The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …
Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn
Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn
Richmond Journal of Law and the Public Interest
JUSTICE KENNEDY delivered the opinion of the Court, in which CHIEF JUSTICE ROBERTS, and JUSTICES BREYER, STEVENS, and THOMAS joined. CHIEF JUSTICE ROBERTS filed a concurring opinion, in which JUSTICE THOMAS joined. JUSTICE SCALIA filed a dissenting opinion, in which JUSTICE ALITO joined. JUSTICE GINSBERG filed a dissenting opinion, in which JUSTICE SOUTER joined. Since this Court decided Roe v. Wade in 1973,1 we received numerous requests to reconsider the validity of that ruling or to otherwise limit its application. Petitioner renews this request, asking us to discard our much maligned and now limited Roe doctrine. After struggling with this …
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Journal of Law and the Public Interest
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Richmond Journal of Law and the Public Interest
Most people probably do not know that as many as 65,000 nonsmokers die from secondhand smoke exposure each year. In fact, secondhand smoke is the third leading cause of preventable death in the United States. During the 2008 session of the Virginia General Assembly, state legislators commendably introduced twelve smoke-free bills -the most in the legislature's history. While many of these efforts to protect the public health succeeded in the Senate, a House of Delegates subcommittee declined to hear many of the bills, effectively removing them from further consideration. Clearly, Virginia has a long way to go, but support for …
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
Richmond Journal of Law and the Public Interest
Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
Charting A New Course: Practical Considerations For Implementing An Electronic Health Records System, Roy H. Wyman, Amanda L. Kutz
Charting A New Course: Practical Considerations For Implementing An Electronic Health Records System, Roy H. Wyman, Amanda L. Kutz
Richmond Journal of Law and the Public Interest
What is true for many aspects of life is also true for HIT-timing is everything. When a practice is ready to move forward with an EHR system, the potential benefits are numerous, from capturing potential clinical and billing mistakes to lessening the need for additional personnel and the prompt sharing of information with other providers. Attempting to install an EHR system before a practice, or any provider, is ready, however, can lead to disaster, as was discovered at Cedars-Sinai Medical Center when it was forced to shelve its three-month-old, thirtyfour million dollar computer system. This Article explores the legal issues …
Mental Health In Virginia, Phillip Hamilton
Mental Health In Virginia, Phillip Hamilton
Richmond Journal of Law and the Public Interest
Since the April 16, 2007 tragedy at Virginia Tech, the public's attention has focused on Virginia's mental health system. Like far too many public policy issues that face the government, it often takes a tragedy to bring an issue to the point where real action is taken. Over the years, one of the major issues facing Virginia has been how to best meet the needs of its citizens requiring mental health services. This is not a new issue. Since 1949 there have been many studies of Virginia's mental health system. These studies have emphasized the same issues over and over …
Promised Reforms Fall Short Of The Mark, Colleen Miller
Promised Reforms Fall Short Of The Mark, Colleen Miller
Richmond Journal of Law and the Public Interest
Did the General Assembly pass sweeping mental health law reforms? Do the new laws make it easier to hospitalize individuals against their will, and if so, is that a desirable end? While new legislation rewords our civil commitment statute, do the new words really improve Virginia's mental health care system? In all likelihood, the most significant effect of the new legislation will be making our mental health laws more vulnerable to constitutional challenge, while simultaneously making it more difficult for Virginians to get necessary mental health treatment voluntarily.
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
Richmond Journal of Law and the Public Interest
This paper examines the current law and urges the greater regulation of the post-mortem human tissue industry. Part II illustrates the many post-mortem uses of the human body. Part III describes several post-mortem misuses and abuses of donor cadavers, organs and tissue resulting from a gap in current regulation. Part IV lays out the entities involved in the oversight of the tissue banking industry and explains the current state of regulation, including pending legislation and its potential effectiveness in addressing past shortcomings. Part V examines why the current and pending legislation does not adequately address the industry problems and urges …
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Richmond Journal of Law and the Public Interest
Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …
Complexities In Biomedical Decision Making, George P. Smith Ii
Complexities In Biomedical Decision Making, George P. Smith Ii
Richmond Journal of Law and the Public Interest
A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Richmond Journal of Law and the Public Interest
The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
Richmond Journal of Law and the Public Interest
This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Richmond Journal of Law and the Public Interest
The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
Richmond Journal of Law and the Public Interest
Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …