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Articles 1 - 8 of 8
Full-Text Articles in Law
Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn
Arkansas Law Review
Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Arkansas Law Review
It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than two months, …
Fighting The Ftca: Medical Malpractice, Veterans, And The Va, Taylor C. Spillers
Fighting The Ftca: Medical Malpractice, Veterans, And The Va, Taylor C. Spillers
Arkansas Law Review
Dr. Levy, who served as the Chief of Pathology at the Fayetteville Veterans Health Care System of the Ozarks (“Fayetteville VA”) from 2005 to 2018, diagnosed veterans with an error rate of 10%. The “pathology practice average is 0.7%.” Of the more than 3,000 cases Dr. Levy misdiagnosed, 589 were classified as “Level 3 (major) errors” which should always “trigger an [internal] investigation.” Unfortunately, no investigations ensued until Dr. Levy’s ultimate arrest, although the Fayetteville VA addressed Dr. Levy’s behavior repeatedly throughout his employment.
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss
Arkansas Law Review
Restaurants have become the “poster child” for why employers should adopt paid sick leave. Advocates suggest that employees without access to paid sick leave often show up to work ill due to their inability to sacrifice pay. Clever protest signs read, “No Boogers in my Burger” and “No Coughing in my Coffee.” Any rational customer would not appreciate the thought of a flu-ridden chef assembling their main course. However, the benefits of paid leave legislation and policies go beyond protecting cheeseburgers from flu germs. Just as employees with the flu require time off for medical attention, employees with mental illness …
The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus
The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus
Arkansas Law Review
Informed consent is an integral part of the shared decision making process and requires a patient be informed of the benefits, risks and alternatives to a medical procedure. This information, which requirement has been codified into the law and practice of every healthcare provider, helps a patient decide whether to proceed with the recommended treatment plan. Informed consent has its foundation in the ethical notion of patient autonomy and fundamental human rights. After all, it is the patient’s decision to determine what may be done to his or her body and to ascertain the risks and benefits before undertaking a …
Zika, Pregnancy, And The Law, Sam F. Halabi
Zika, Pregnancy, And The Law, Sam F. Halabi
Arkansas Law Review
The public health emergency surrounding the spread of the Zika virus has resurrected and brought into sharp relief some of the most vexing questions surrounding the relationship between pregnancy and law: the appropriate circumstances, if any, in which fetal tissue research is permissible; when and how the government may sponsor statements intended to influence reproductive decisions; and how to balance the health and rights of both women and their unborn children when health threats target both.
How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy
Arkansas Law Review
“Substance abuse in pregnancy is associated with a number of adverse outcomes for the woman, fetus, and neonate.” A recent study indicated that approximately 5.9% of pregnant women between the ages of fifteen and forty-four use illicit drugs. Prenatal illicit drug use has escalated over the past decade, causing an increase in “maternal and neonatal complications, neonatal abstinence syndrome, and health care costs.” Following alcohol and marijuana, methamphetamine is the most commonly abused drug.4 By 2006, admissions for treatment of methamphetamine abuse among pregnant women had increased to twenty-four percent of federally-funded treatment admissions, up from eight percent in 1994.
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis
Arkansas Law Review
On an episode of Marvel’s Jessica Jones, Kilgrave uses his mind control powers to get Jack Denton to give him both of his kidneys. After he loses his kidneys, Denton goes on dialysis and has a stroke. Therefore, when private investigator Jessica Jones tracks down Denton, she discovers that he is wheelchairbound and unable to speak. Denton goes to great lengths to write a note asking Jones to kill him. This fictionalized story may be the reality for some people. Everyone wants to live a happy life and to have a good death. Some people have the privilege of dying …