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Articles 1 - 29 of 29
Full-Text Articles in Law
Empowering The Minority Healthcare Worker Amidst Racial Patient Bias & Covid-19, Rachel Tran
Empowering The Minority Healthcare Worker Amidst Racial Patient Bias & Covid-19, Rachel Tran
Center for Health Law Policy and Bioethics
While the discussion surrounding implicit physician bias has become more prevalent, patient bias is often overlooked. For decades, the United States’ healthcare system has normalized accommodation of patients’ racially biased requests, providing little to no support for minority healthcare workers. This paper presents social, ethical, and legal arguments for the creation of effective patient bias policies while challenging traditional barriers to implementation. It also advances a guideline of recommendations for healthcare institutions, civil rights organizations, and governments to draw from. These recommendations include the right to turn away patients who repeatedly discriminate against healthcare professionals.
Covid-19 Should Not Create A New Class Of Criminals, Alaina Lynch
Covid-19 Should Not Create A New Class Of Criminals, Alaina Lynch
Center for Health Law Policy and Bioethics
This paper offers a critique of the punitive response to COVID-19 in the United States and argues that punitive resources must be redistributed. Specifically, this paper suggests that no criminal charges be brought related to the novel disease transmission because policing and arrests related to COVID-19 exposure crimes are counterproductive. Defunding these punitive efforts and reallocating funds towards virus containment, the spread of factual information about disease transmission, vaccine research, the delivery of resources to communities in need, and support for victims of crimes in alternative ways is a more effective strategy to support public health and safety. To make …
Mail-Voting During Covid-19: Protecting Public Health And Expanding Voting Accessibility, Emily Kawahara
Mail-Voting During Covid-19: Protecting Public Health And Expanding Voting Accessibility, Emily Kawahara
Center for Health Law Policy and Bioethics
The 2020 presidential election will be held during the COVID-19 public health crisis. In response to the COVID-19 situation, there is an immediate need to universalize mail-voting. However, President Donald Trump consistently downplays COVID-19 and asserts that mail- voting causes voter fraud and favors the Democratic Party. This Article examines modifications made in prior elections held during or in the wake of crises. Though these modifications are not applicable for the COVID-19 pandemic, they provide two important distinctions: crisis-specific measures should prioritize protecting public health and, if there is an opportunity to preserve the right to vote through election modification, …
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Center for Health Law Policy and Bioethics
In order to save the lives of inmates, as well as redress some of the harms the prison system and the pandemic have caused them, Congress must pass a bill to temporarily suspend the Prison Litigation Reform Act. As of August 13, 2020, 95,398 inmates have contracted COVID-19. Prisons refuse to adapt or implement measures to save lives. Because of the Prison Litigation Reform Act, it is near impossible for inmates to take their cases to court. The Prison Litigation Reform Act’s requirements include: exhausting all internal administrative remedies before filing in court, not allowing suits based on mental or …
Humanity For Asylum Seekers: How Migrant Protection Protocols And The March 20th Cdc Order Violate The Constitutional Rights Of Asylum Seekers During The Covid-19 Pandemic, Madison Beck
Center for Health Law Policy and Bioethics
In late 2018, the Trump Administration introduced Migrant Protection Protocols (MPP), also known as the Remain in Mexico Policy, to curb illegal immigration. The protocols allow the U.S. to remove immigrants, including asylum seekers, to Mexico while their claims are processed. This is problematic on its own, but even more so during the COVID-19 pandemic; makeshift asylum tent-camps are home to thousands of vulnerable individuals where viral spread would be devastating. Additionally, in March 2020, the Centers for Disease Control and Prevention (CDC) issued an “order suspending introduction of certain persons from countries where a communicable disease exists” further worsening …
The Right To Health In Immigration Detention During The Covid-19 Pandemic: An Examination Of Federal And International Law, Alaina Dye
Center for Health Law Policy and Bioethics
This article examines the United States’ response to the severe impact of the coronavirus (COVID-19) in immigration detention centers and considers the United States’ obligations to the vulnerable population of immigrant detainees. This article argues that the COVID-19 pandemic further demonstrates the United States’ lack of guaranteed health care for immigrant detainees and deportees despite international recognition of the human rights to health and life. The United States violates international law when immigrant detainees’ human rights are disregarded by lack of appropriate access to health care during a global pandemic. This article recognizes that discrimination against immigrants under the Trump …
Not Everyone Is Safer At Home: The Harsh Reality That Many Domestic Violence Victims Face In Light Of Covid-19 “Stay At Home” Orders, Megan Divine
Center for Health Law Policy and Bioethics
Domestic violence victims are disproportionately affected by the COVID-19 pandemic. Home is not a safe place for everyone. Abuse thrives in silence and isolation. Isolation exacerbates the types of violence and abuse that victims experience. The coronavirus pandemic presents a perfect opportunity for abusers to exercise increased levels of coercive control. This includes not only physical abuse, but also emotional, financial, and psychological abuse. Survivors too, are impacted by many of these concerns. Limited finances and decreased access to housing, support, and affordable childcare increases the potential for survivors to return to their abusers. Many have considered the coronavirus crisis …
Child Maltreatment Reporting Statistics During The Covid-19 Pandemic: A Cursory Analysis, Alison L. Hansen
Child Maltreatment Reporting Statistics During The Covid-19 Pandemic: A Cursory Analysis, Alison L. Hansen
Center for Health Law Policy and Bioethics
This goal of this research is to provide a cursory analysis of publicly available child maltreatment data collected during the COVID-19 pandemic. The number of total allegations of child maltreatment between the months of March and June—a span of time representative of the COVID-19 pandemic thus far—were analyzed in five different states in the years 2017, 2018, 2019, and 2020. An analysis of total numbers of allegations and the percentage change in allegations per year revealed a disproportionate decline in child maltreatment reports during the COVID-19 pandemic. This data corroborates nationwide reports of decreases in child maltreatment allegations in the …
Housing The Homeless Population During The Covid-19 Pandemic: Governments’ Ethical Responsibility, Amy Holmes
Housing The Homeless Population During The Covid-19 Pandemic: Governments’ Ethical Responsibility, Amy Holmes
Center for Health Law Policy and Bioethics
COVID-19 took the world by storm in late 2019. Governments acted to ensure that their populations were as protected as possible through stay-at-home orders and the closure of stores, restaurants, and public spaces around the world. Stay-at-home orders work well when citizens have somewhere to stay, but those experiencing homelessness face the almost insurmountable challenge of staying safe and healthy without access to a safe place to stay. COVID-19 has spread rapidly through the homeless population, and as such poses a risk to the population as a whole as the world begins to reopen. Without access to adequate sanitation supplies …
Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton
Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller
2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton
Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Patient Safety, Peer Review, And Credentialing: Navigating Sovereign Immunity And Balancing State And Federal Law In Your Quality Department, Rick D. Barton, Natalie V. Mueller
Patient Safety, Peer Review, And Credentialing: Navigating Sovereign Immunity And Balancing State And Federal Law In Your Quality Department, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
New National Practitioner Data Bank Guidebook Impact On Bylaw Standards, Rick D. Barton
New National Practitioner Data Bank Guidebook Impact On Bylaw Standards, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Legal Aspects Of Assessing The Aging Physician—An Update, Rick D. Barton
Legal Aspects Of Assessing The Aging Physician—An Update, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Confidentiality & Reporting Requirements For Physician Well-Being Committees, Rick D. Barton, Natalie V. Mueller, Shelly A. Carder, Mitchell J. Green, Tom Curtis
Confidentiality & Reporting Requirements For Physician Well-Being Committees, Rick D. Barton, Natalie V. Mueller, Shelly A. Carder, Mitchell J. Green, Tom Curtis
Center for Health Law Policy and Bioethics
No abstract provided.
Managing The Multiple Layers Of Physician Oversight, Rick D. Barton
Managing The Multiple Layers Of Physician Oversight, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Boot Camp, Rick D. Barton
Medical Staff Boot Camp, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Boot Camp, Rick D. Barton
Medical Staff Boot Camp, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton
The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner
Center for Health Law Policy and Bioethics
No abstract provided.
Pursuing Quality Through Medical Staff And Physician Oversight, Rick D. Barton
Pursuing Quality Through Medical Staff And Physician Oversight, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Legal Aspects Of Assessing The Aging Physician, Rick D. Barton, Jamie D. Quient
Legal Aspects Of Assessing The Aging Physician, Rick D. Barton, Jamie D. Quient
Center for Health Law Policy and Bioethics
No abstract provided.
Pursuing Justice For The Mentally Disabled, Grant H. Morris
Pursuing Justice For The Mentally Disabled, Grant H. Morris
University of San Diego Public Law and Legal Theory Research Paper Series
This article considers whether lawyers act as zealous advocates when they represent mentally disordered, involuntarily committed patients who wish to assert their right to refuse treatment with psychotropic medication. After discussing a study that clearly demonstrates that lawyers do not do so, the article explores the reasons for this inappropriate behavior. Michael Perlin characterizes the problem as “sanism,” which he describes as an irrational prejudice against mentally disabled persons of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry. The article critiques Perlin’s characterization …
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
University of San Diego Public Law and Legal Theory Research Paper Series
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark
Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark
University of San Diego Public Law and Legal Theory Research Paper Series
This Article considers the legal standards for the determination of competency to stand trial, and whether those standards are understood and applied by psychiatrists and psychologists in the forensic evaluations they perform and in the judgments they make–judgments that are routinely accepted by trial courts as their own judgments. The Article traces the historical development of the competency construct and the development of two competency standards. One standard, used today in eight states that contain 25% of the population of the United States, requires that the defendant be able to assist counsel in the conduct of a defense “in a …