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Articles 1 - 30 of 7597

Full-Text Articles in Law

Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman Jan 2018

Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman

Faculty Publications

This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the impact of PHRs ...


Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman Jan 2018

Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman

Faculty Publications

The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.

The Article explores the strengths and weaknesses of step therapy ...


Auer Evasions, Jonathan Adler Jan 2018

Auer Evasions, Jonathan Adler

Faculty Publications

Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court’s long-standing practice of deferring to agency interpretations of their own regulations born in Bowles v. Seminole Rock. Although initially uncontroversial, the doctrine has come under fire from legal commentators and prominent jurists, including Auer’s author, the late Justice Antonin Scalia. As Justice Scalia came to recognize, Auer deference enables agencies to evade a wide range of legal constraints that are otherwise imposed upon agency behavior, the ability of agencies to take action with the force ...


Revisionist Municipal Liability, Avidan Y. Cover Jan 2018

Revisionist Municipal Liability, Avidan Y. Cover

Faculty Publications

The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.

The article provides a revisionist historical account of the Supreme Court’s municipal liability doctrine’s origins. Most private litigants’ claims for damages against cities or police departments do not implicate the doctrine’s early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the ...


International Differences In Support For Human Rights, Sam Mcfarland Phd Dec 2017

International Differences In Support For Human Rights, Sam Mcfarland Phd

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in ...


Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd Dec 2017

Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd

Societies Without Borders

Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our ...


Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw Dec 2017

Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw

Societies Without Borders

In 2016, Brazilian social work celebrated 80 years of existence. This writer, a U.S. social worker, traveled south to participate in the celebrations, and to observe—and reflect upon—the role of human rights activism in the practice of our shared profession. This article will discuss both Brazil’s history and its social work profession as they relate to human rights, and highlight ways that Brazilian social workers speak about human rights that challenge the author to become a better social worker and educator.


Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd Dec 2017

Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd

Societies Without Borders

No abstract provided.


Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd Dec 2017

Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative research. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do local ratings issued by the public correspond with third party ratings, such as those produced by the Cingranelli-Richards index (CIRI), the Political Terror Scale (PTS), and Freedom House (FH)? In this study, I address this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for individual ...


The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd Dec 2017

The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd

Societies Without Borders

Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and ...


Human Rights Attitudes, Brian K. Gran Phd Dec 2017

Human Rights Attitudes, Brian K. Gran Phd

Societies Without Borders

No abstract provided.


Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd Dec 2017

Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd

Societies Without Borders

Utilising the research methodology of narrative inquiry, this study set out to explore how Nigerian immigrant academics counteracted an unwelcoming ethos of reception at a South African university. Data capture comprised a mix of semi-structured interviews, observations, field notes and a researcher journal. Data was analysed utilising qualitative content analysis. Findings reveal that the resiliency process of Nigerian immigrant academics was triggered by ecological sources within the context of the academe and surfaced in the form of resilient qualities. Nigerian immigrant academics drew on specific internal assets and external resources to circumvent the effects of various stressors as well as ...


Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd Dec 2017

Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd

Societies Without Borders

No abstract provided.


Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012., Susan C. Pearce Phd Dec 2017

Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012., Susan C. Pearce Phd

Societies Without Borders

No abstract provided.


Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti Jan 2017

Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti

Health Matrix: The Journal of Law-Medicine

The article focuses on the enactment of farm to school procurement policies for providing students health and its impact in increasing access to fresh, healthy school meals in the U.S.


Caring For The Body And The Soul: Small Businesses Post-Hobby Lobby And Hhs Contraceptive Rule, James Lesinski Jan 2017

Caring For The Body And The Soul: Small Businesses Post-Hobby Lobby And Hhs Contraceptive Rule, James Lesinski

Health Matrix: The Journal of Law-Medicine

The article examines the corporate personhood movement and its impact on closely-held corporations and individuals focusing on the U.S. Department of Health and Human Services rule.


Sex Education: Funding Facts, Not Fear, Rachel Rubenstein Jan 2017

Sex Education: Funding Facts, Not Fear, Rachel Rubenstein

Health Matrix: The Journal of Law-Medicine

The article offers information on the funding sex education programs enacted by the government for teaching about abstinence as the best method for avoiding sexually transmitted diseases and unintended pregnancy and risks factors associated with it in the U.S. Topics discussed include analysis of California Healthy Youth Act as a model for adequate sex education; different forms of sex education; and enactment of Abstinence Education Grant Program for the same.


A Crisis Of Patent Law And Medical Innovation: The Category Of Diagnostic Claims In The Wake Of Ariosa V. Sequenom, Alexa Johnson Jan 2017

A Crisis Of Patent Law And Medical Innovation: The Category Of Diagnostic Claims In The Wake Of Ariosa V. Sequenom, Alexa Johnson

Health Matrix: The Journal of Law-Medicine

The article analysis the scope of patent eligibility of diagnostic tests in the U.S. focusing on Ariosa v. Sequenom and Mayo Collaborative Servs. v. Prometheus Labs., Inc. court case.


Essay: Creating A Culture Of Health - One University's Experience, Elizabeth Click Jan 2017

Essay: Creating A Culture Of Health - One University's Experience, Elizabeth Click

Health Matrix: The Journal of Law-Medicine

The article focuses on the university wellness initiative programs made for improving employee health, enhancing morale and the culture of health, and modifying healthcare expenses in the U.S.


Weapons Of Mass Hysteria, Faulty Biothreat Predictions, And Their Impact On National (In)Security: A Case-Study Of Smallpox, Barbara Pfeffer Billauer Jan 2017

Weapons Of Mass Hysteria, Faulty Biothreat Predictions, And Their Impact On National (In)Security: A Case-Study Of Smallpox, Barbara Pfeffer Billauer

Health Matrix: The Journal of Law-Medicine

Biothreat projections for pandemic and bioterrorist planning are generated by a straight-forward computational system, rather than scientific evidence.


Reproductive Selection Bias, Lauren R. Roth Jan 2017

Reproductive Selection Bias, Lauren R. Roth

Health Matrix: The Journal of Law-Medicine

Decades after the advent of assisted reproductive technology ("ART") that allows prospective parents to deselect embryos with grave genetic illnesses—a procedure called preimplantation genetic diagnosis ("PGD")— it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of reproductive rights in spite of the current political climate. If reproductive liberty is tied to equality through access to medical procedures, scholars must finally answer the question of what equality requires in a system that permits the use of ARTs. This Article shows how the current system ...


The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd Jan 2017

The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd

Health Matrix: The Journal of Law-Medicine

The article focuses on the implementing of reforms aimed at promoting competition or prohibiting anticompetitive practices in rising drug prices in the U.S.


Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak Jan 2017

Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Our genomic sequence constitutes the most sensitive and personal of information: uniquely identifying us, revealing our propensity to develop certain diseases and conditions, and exposing familial connections of close genetic relatives. Big Data enables consumer-genomics companies to collect, store, and electronically share genomic-sequence data in conjunction with numerous pieces of private health and personal information.


Controlling Excessive Off-Label Medicare Drug Costs Through The False Claims Act, David Kwok Jan 2017

Controlling Excessive Off-Label Medicare Drug Costs Through The False Claims Act, David Kwok

Health Matrix: The Journal of Law-Medicine

High prescription drug prices are driving ever-increasing United States healthcare costs, and the federal government is following this alarming trend …


Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey Jan 2017

Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey

Health Matrix: The Journal of Law-Medicine

Tax-exempt hospitals' community health needs assessments ("CHNAs") provide an underutilized resource for healthcare organizations and communities. These studies and action commitments, which the Affordable Care Act ("ACA") requires, are linked to financial incentives for hospitals to manage population health.


The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos Jan 2017

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Health Matrix: The Journal of Law-Medicine

The article focuses on the role of Equal Employment Opportunity Commission (EEOC) and Americans with Disabilities Act (ADA) in workplace wellness programs in the U.S.


How Assuming Autonomy May Undermine Wellness Programs, Jessica L. Roberts, Leah R. Fowler Jan 2017

How Assuming Autonomy May Undermine Wellness Programs, Jessica L. Roberts, Leah R. Fowler

Health Matrix: The Journal of Law-Medicine

In recent years, corporate wellness programs have become a routine aspect of the employer-provided health-insurance system. While they vary tremendously in their requirements and incentives, what these programs share is the common goal of modifying employee behavior to improve health and, as a result, to lower costs. However, the effectiveness of wellness programs has been called into question.


Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon Jan 2017

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.


Health Matrix, Health Matrix Jan 2017

Health Matrix, Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry, Al Lewis Jan 2017

The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry, Al Lewis

Health Matrix: The Journal of Law-Medicine

On its surface, who can argue with the concept of workplace wellness? How could there be anything wrong with corporations helping their employees reduce their risk of disease while saving money in the process?