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Full-Text Articles in Law
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
The Gender Injustice Of Abortion Laws, Joanna Erdman
The Gender Injustice Of Abortion Laws, Joanna Erdman
Articles, Book Chapters, & Popular Press
This commentary is a response to Katarzyna Sękowska-Kozłowska’s article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and asa radical vision for gender justice under international human rights law.
Healthism In Tort Law, Elizabeth Weeks
Healthism In Tort Law, Elizabeth Weeks
Scholarly Works
This article draws on the author's recently published book, Healthism: Health Status Discrimination and the Law (with Jessica L. Roberts) (Cambridge University Press 2018), examining tort law doctrine and policy for examples of differential treatment of health status or behaviors. Just as scholars previously have drawn attention to discrimination based on race, sex, age, and other protected categories in tort law, the article urges similar examination of tort law's potential to discriminate against the unhealthy. The article discusses the potential for healthism in the reasonably prudent person standard of care, contributory negligence, assumption of the risk, noneconomic damages caps, impaired …
Threats To Medicaid And Health Equity Intersections, Mary Crossley
Threats To Medicaid And Health Equity Intersections, Mary Crossley
Articles
2017 was a tumultuous year politically in the United States on many fronts, but perhaps none more so than health care. For enrollees in the Medicaid program, it was a “year of living precariously.” Long-promised Republican efforts to repeal the Affordable Care Act also took aim at Medicaid, with proposals to fundamentally restructure the program and drastically cut its federal funding. These proposals provoked pushback from multiple fronts, including formal opposition from groups representing people with disabilities and people of color and individual protesters. Opposition by these groups should not have surprised the proponents of “reforming” Medicaid. Both people of …
What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman
What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman
Faculty Publications
The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, future opioid abuse, and other ailments. The researchers include not only medical experts, but also commercial enterprises such as Facebook and LexisNexis, who may profit from the work considerably. This Article focuses on long-term disease predictions (predictions regarding future illnesses), which have received surprisingly little attention in the legal and ethical literature. It compares the robust academic and policy debates and legal interventions that followed the …