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Articles 1 - 11 of 11
Full-Text Articles in Health Law and Policy
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
Journal of Legislation
Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
Journal of Legislation
This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …
The Code Of Life And Death, Braden R. Leach
The Code Of Life And Death, Braden R. Leach
Notre Dame Journal on Emerging Technologies
Biotechnology is advancing at an astonishing clip, but our safeguards are decades behind. Given new technologies and economies of scale, it is possible for nefarious actors to assemble deadly viruses from scratch using synthetic DNA ordered off the internet. The Select Agents statute helps to prevent malicious actors from acquiring dangerous pathogens, but the Department of Health and Human Services has interpreted it to not cover synthetic DNA. Recognizing the gap, HHS issued guidance recommending that gene synthesis companies verify their customers to ensure their legitimacy and screen genetic sequences for matches to pathogen sequences. Unsurprisingly, voluntary guidance has not …
Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar
Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar
Journal of Legislation
No abstract provided.
How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang
How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang
Notre Dame Law Review Reflection
2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing …
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
Journal of Legislation
No abstract provided.
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
Journal of Legislation
No abstract provided.
Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure
Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure
Notre Dame Law Review
Due to the concerns Burrage raises and its implications for the nation’s current opioid crisis, this Note proposes that Congress should broaden the circumstances in which the penalty enhancement of section 841(b) may be applied. Part I of this Note discusses the opioid crisis and the role physicians play in it. Part II explores the section of the Controlled Substances Act used to criminally charge physicians and the exception the Act provides for physicians prescribing opioids within the scope of relevant medical conduct and professional practice. Part III analyzes Burrage v. United States and examines the immediate legal consequences of …
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
Journal of Legislation
Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.
King V. Burwell: The Supreme Court's Missed Opportunity To Cure What Ails Chevron, Vanessa L. Johnson, Marisa Finley, J. James Rohack
King V. Burwell: The Supreme Court's Missed Opportunity To Cure What Ails Chevron, Vanessa L. Johnson, Marisa Finley, J. James Rohack
Journal of Legislation
The article outlines the construct of the ACA’s premium assistance tax credits, explores the legal controversies surrounding these subsidies, uses the tax subsidies cases to demonstrate the flaws in the Chevron framework, and argues that the Supreme Court should have framed its King v. Burwell analysis in a way that would have cured, rather than ignored, the ails of Chevron.