Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 18 USC §1461 (1)
- Abortion (1)
- Abortion pill (1)
- Covid (1)
- Covid-19 (1)
-
- Desuetude (1)
- Estate of Maglioli (1)
- FDA (1)
- Federal abortion law (1)
- Garcia v. Welltower OpCo Grp. LLC (1)
- Mifepristone (1)
- Nursing Homes (1)
- PREP (1)
- PREP Act (1)
- PREP Act Immunity (1)
- Preemption (1)
- Preemption Statute (1)
- Qualified Immunity (1)
- Senior Living Facilities (1)
- Supreme court (1)
- Textualism (1)
- §1461 (1)
Articles 1 - 2 of 2
Full-Text Articles in Medical Jurisprudence
Does Federal Law Ban Mailing Abortion Drugs? A Textual Analysis Of 18 U.S.C. § 1461, Peter Allevato
Does Federal Law Ban Mailing Abortion Drugs? A Textual Analysis Of 18 U.S.C. § 1461, Peter Allevato
Pepperdine Law Review
As the regulation of abortion availability returned to the States, many have grappled with so-called trigger laws: dormant laws that were set to take effect to restrict or ensure access to abortion should constitutional protection be revoked. While the federal government has no true trigger law, it does have long-unenforced laws prohibiting the mailing of “[e]very article or thing designed, adapted, or intended for producing abortion.” 18 U.S.C. § 1461 is an old law, and it has not been enforced for at least fifty years. But the law’s potential effect on the growing practice of mail-distribution of chemical abortion pills …
Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino
Pepperdine Law Review
In the wake of COVID-19, there has been a surge of wrongful death cases filed by plaintiff families in state courts. These families allege that their loved one contracted and died from COVID-19 because the nursing home or senior living facility at which their loved one resided failed to take proper COVID-19 prevention measures. In response, defendant facilities have removed these actions to federal court, arguing that the PREP Act preempts plaintiffs’ state law claims and grants facilities immunity from liability for loss related to qualified actions taken during a public health emergency. This Comment rejects facilities’ push for preemption …