Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Health care (4)
- Privacy (3)
- Healthcare (2)
- Medicaid (2)
- Mental health (2)
-
- 9/11 (1)
- AIDS (1)
- Administrative Law (1)
- Affordable Care Act; Mediciad; Prisoner's rights (1)
- Affordable Care Act; Reproductive Rights; Healthcare Reform (1)
- Bargaining unit (1)
- Board unit (1)
- Cigarette Warnings; Tobacco; Labels; First Amendment (1)
- City Government (1)
- Collective bargaining (1)
- Communicable disease (1)
- Competition (1)
- Competitive market (1)
- Dental; Health Law; Healthcare Reform (1)
- Diaz (1)
- Disability benefits (1)
- Disempowered (1)
- Doctors (1)
- Elderly (1)
- Equal Access (1)
- Feminist (1)
- God (1)
- HIPPA (1)
- HIV (1)
- HIV/AIDS (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena
The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena
Fordham Urban Law Journal
No abstract provided.
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Fordham Urban Law Journal
No abstract provided.
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Fordham Urban Law Journal
No abstract provided.
With Liberty And Access For Some: The Aca’S Disconnect For Women’S Health, Nicole Huberfeld
With Liberty And Access For Some: The Aca’S Disconnect For Women’S Health, Nicole Huberfeld
Fordham Urban Law Journal
No abstract provided.
Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda
Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda
Fordham Urban Law Journal
No abstract provided.
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Fordham Urban Law Journal
No abstract provided.
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fordham Urban Law Journal
No abstract provided.
"It Takes A Lot To Get Into Bellevue": A Pro-Rights Critique Of New York's Involuntary Commitment Law, Zachary Groendyk
"It Takes A Lot To Get Into Bellevue": A Pro-Rights Critique Of New York's Involuntary Commitment Law, Zachary Groendyk
Fordham Urban Law Journal
No abstract provided.
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Fordham Urban Law Journal
No abstract provided.
Fixing Medicaid To "Fix Society": Extending Medicaid Coverage Of Gender-Affirming Healthcare To Transgender Youth, Henry Parr
Fordham Urban Law Journal
No abstract provided.
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Fordham Urban Law Journal
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Fordham Urban Law Journal
This Comment explores the constructs and consequences of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”). HIPPA imposes considerable regulatory burdens on health care organizations in the hope that strict administration and control of information will prevent both real and perceived injuries from unauthorized and unwanted scrutiny of personal health data. In outlining the nature of HIPPA, the author presents what in her view are the Act’s shortcomings – HIPPA’s high costs, questionable benefits, and numerous economic, legal, and administrative consequences. As a result, the author presents alternatives to HIPPA that are less intrusive but still address the …
The Impact Of 9/11 And Its Aftermath On Substance Use And Psychological Functioning: An Overview, Patrick B. Johnson, Linda Richter
The Impact Of 9/11 And Its Aftermath On Substance Use And Psychological Functioning: An Overview, Patrick B. Johnson, Linda Richter
Fordham Urban Law Journal
This Essay provides a brief summary and evaluation of findings on the mental health and substance abuse consequences of the events of 9/11 throughout the nation and in United States' cities. It also presents new data obtained from clients who entered substance abuse treatment in New York and other cities either before 9/11 or during a six-month period following the events. This Essay discusses how best to interpret these varying research findings. It concludes that crisis produces many responses and most people just coped with 9/11 in their individual ways.
The Impact Of Managed Care Payer Contracts On The Subspecialty Medical Provider: Policy Implications That Impact On The Care Of Disabled Children, Dr. Stephanie Rifkinson-Mann
The Impact Of Managed Care Payer Contracts On The Subspecialty Medical Provider: Policy Implications That Impact On The Care Of Disabled Children, Dr. Stephanie Rifkinson-Mann
Fordham Urban Law Journal
This Note explores the impact of current managed care contractual practices on the subspecialty provider's ability to deliver health care to chronically ill and disabled children. In doing so, it delves into the historical events giving rise to the development of health care reform. It then reviews various physician agreements with several managed care organizations ("MCOs") to demonstrate how contract conditions affect compensation for pediatric neurosurgical services. This Note then details the impact of managed care on the management of the chronic health problems of such children and proposes alternative solutions for affordable health care delivery systems for poor, medically …
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Fordham Urban Law Journal
This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …
Community-Based Health Care: A Legal And Policy Analysis , Lewis D. Solomon, Tricia Asaro
Community-Based Health Care: A Legal And Policy Analysis , Lewis D. Solomon, Tricia Asaro
Fordham Urban Law Journal
While Washington has been unable to lead the way in significant health care reform, the health care system has begun to transform itself in terms of curbing skyrocketing health care costs, dealing with the more than forty million Americans who lack health care coverage, and the problems plaguing the Medicare and Medicaid systems. The search has begun for a health care model that ensures quality care to a wide population in a cost-efficient manner. This article explores how the U.S. Health care system currently functions, examines several innovative models, and suggests ways in which a decentralized, community-based approach to health …
The "Baby Aids" Bill, Nettie Mayersohn
The "Baby Aids" Bill, Nettie Mayersohn
Fordham Urban Law Journal
Assemblywoman Mayersohn first explains the reasons behind her support for the so-called “Baby AIDS” bill; namely, that over one thousand babies in New York State tested positive for AIDS or HIV antibodies every year but medical professions were not allowed to reveal the results to anyone, including the mother. After the introduction of the bill, the author details how she received criticism and opposition from activist organizations that she had previously supported. In conclusion, the “Baby AIDS” bill is a success because it no longer treated infected infants as some sort of statistical tool and ensures the infants receive the …
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Wendy Chavkin, Deborah Elman, Paul H. Wise
Fordham Urban Law Journal
An emerging strand of thought portrays pregnant women with drug addiction and HIV infection as having a willful hostility towards their fetus. As a result, pregnant mothers with HIV or addictions are confronted with decreased funding for services and increased sanctions for positive toxicology tests. The rhetoric of blame towards “deviant” mothers has escalated to embrace poor mothers in general. However, in order to support the babies, their mothers must be supported as well.
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford
Fordham Urban Law Journal
In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the debate over …
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Fordham Urban Law Journal
The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …
Profits, Poverty, And Health Care: An Examination Of The Ethical Base Of Economics, Robert J, Brent
Profits, Poverty, And Health Care: An Examination Of The Ethical Base Of Economics, Robert J, Brent
Fordham Urban Law Journal
Part I of this Article explains the dual analysis of ethics (ethical base of markets as a process and an end result) as it relates to profits and market efficiency. In particular, the author questions whether individuals are able to judge their own welfare and, if so, do individuals accept that they are the best judge. Part II explains the ethics of profit and its relation to poverty. Specifically, the author describes the response to poverty in the context of health care by the consumer and producer. The author concludes by noting that the need for efficiency is in health …
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Fordham Urban Law Journal
Part I examines the development of the law legalizing passively hastening death and how this development relied significantly on distinguishing passively hastening death from actively hastening death. Part II subjects the arguments used to legitimate passively hastening death to a traditional criminal law analysis and demonstrates their weaknesses which were simple to conceal when there was little enthusiasm for, and discussion of, the legalization of actively hastening death. The central role of consent in legitimating passively hastening death is analyzed in Part III. Although passively hastening death technically satisfies all of the elements of the crimes of assisted suicide and …
The Public Hospital, Lewis R. Goldfrank, M.D.
The Public Hospital, Lewis R. Goldfrank, M.D.
Fordham Urban Law Journal
The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Fordham Urban Law Journal
In Part I, the author explains that it is the adjudication between the conflicting claims of individual liberty, personal autonomy and self-determination versus the preservation of life as a societal value that is at the core of the issue posed by physician-assisted suicide. In Part II, author makes the case against suicide, noting that liberty is not absolute and the state retains powers of sovereignty to curtail an individual’s liberty in the face of a countervailing state interest. In Part III, the author discusses the relevant case law relating to the withdrawal of medical treatment. Part IV concludes with a …
Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria
Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria
Fordham Urban Law Journal
In considering physician-assisted suicide, the real challenge lies in understanding the nature of culture itself. Missing from the debate is a discussion of the social consequences of hidden expectations and obligations with respect to access to health care, allocation of resources, terminal and chronic illness, disability, difference, suffering, and the nature of death itself. Part I explores the hidden dimensions of culture that operate at the level of the unconscious. In order to examine the ways in which our cultural expectations are likely to change with the legalization of physician-assisted suicide and active euthanasia it is imperative that we consider …
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Fordham Urban Law Journal
In Part I discusses whether there is a sustainable distinction between withholding or withdrawing life-sustaining measures and physician-assisted suicide. By segregating those who choose to end their lives into two groups, albeit with considerable overlap, the state can exert its general interest in preserving life and preventing suicide where it has the greatest interest and justification for doing so. In Part II, the author explores whether we can maintain a distinction between the right of a patient to have his or her physician assist in suicide and a direct role of the physician in various forms of euthanasia. Next, the …
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Elizabeth B. Cooper
Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Elizabeth B. Cooper
Fordham Urban Law Journal
In this Introduction, the author discusses how the collection of essays provide insightful analysis of biological, legal, and public health issues surrounding mandatory testing of pregnant women and infants for HIV. As background, beginning February 1, 1997, New York ordered that every newborn in the state be tested for HIV-antibodies. In addition, the results are disclosed to the delivering mother, her physician, and her child’s physician, thus raising difficult ethical and policy questions for the Symposium panel.
Foreword: Urban Bioethics, Elizabeth B. Cooper, Benjamin C. Zipursky
Foreword: Urban Bioethics, Elizabeth B. Cooper, Benjamin C. Zipursky
Fordham Urban Law Journal
On February 26, 1997, the Fordham University School of Law hosted the Sixth Annual Stein Center Symposium on Contemporary Urban Challenges, entitled "Urban Bioethics: A Symposium on Health Care, Poverty, and Autonomy." The Foreword introduces Articles in this Symposium issue and discusses two central themes of the various Articles: socioeconomic framing of bioethical and healthcare issues, and the challenge of the moral consensus.
Towards A Competitive Health Care System, Robert L. Hubbard
Towards A Competitive Health Care System, Robert L. Hubbard
Fordham Urban Law Journal
The antitrust laws constitute the foundation and fundamental strength of the U.S. democratic free enterprise system. Competition enhances both the democratic and economic opportunities, including in the healthcare markets. Although healthcare markets have significant market imperfections, a competitive system is more appropriate for the healthcare markets because it delivers choice among alternatives that regulation does not. Thus, the question to ask in the healthcare system is what can be done to make competition work better.
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Fordham Urban Law Journal
In this Introduction, the author discusses the recent Supreme Court decisions Washington v. Glucksberg and Vacco v. Quill. On one hand, several panel contributors hold the position that one should have the right to control one’s own death, which is rooted in autonomy, liberty, and equality. Scholarly voices on the other side of the debate, including four panel members, believe that the legalization of physician-assisted suicide would create intolerable risks, particularly to those in the community who are the most vulnerable: the poor, the elderly, and the mentally and physically disabled.