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Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., Janelle M. Langan 2017 Georgetown University Law Center

Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., Janelle M. Langan

Janelle M. Langan

Posttraumatic Stress Disorder (“PTSD”) is the most prevalent mental health disorder among our military service members. The diagnosis of stress from combat has been controversial as it has evolved historically. The diagnosis of PTSD among military service members and veterans is riddled with competing political agendas focused upon the cost of war. Political actors that support war seek to minimize the cost of war, while those political actors that do not support war seek to maximize the cost of war. This conflicting political agendas affects the funding, support, and care provided to veterans for the trauma they endured during the ...


Foreword—King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room), David Gamage 2017 Selected Works

Foreword—King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room), David Gamage

David Gamage

As an introduction to the Symposium, this invited response essay reviews the pieces submitted for the Pepperdine Law Review symposium on the King v. Burwell case. The thrust of this essay’s response commentary is to praise the submitted essays for their excellence and insightfulness, but to suggest that the submitted essays nonetheless might benefit from focusing more on the role of the political mobilization that resulted in the King v. Burwell dispute. Ultimately, this essay suggests that what may have motivated the Supreme Court to develop and apply its new “deep economic and political significance” test in this this ...


Murray Energy Corporation V. Mccarthy, Sarah M. Danno 2017 University of Montana School of Law

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land and Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


Compelled To Testify: An Evaluation Of 32 M.R.S.A. § 7005 And The Privilege For Maine Licensed Clinical Social Workers, Juliana Kirkland O'Brien 2017 University of Maine School of Law

Compelled To Testify: An Evaluation Of 32 M.R.S.A. § 7005 And The Privilege For Maine Licensed Clinical Social Workers, Juliana Kirkland O'Brien

Maine Law Review

The mental health industry is big business: the National Institute of Mental Health reports that in 2012, 43.7 million people ages eighteen and older (18.6% of U.S. adults) experienced issues associated with a mental illness. In Maine, about 51,000 adults and approximately 13,000 children suffer from a serious mental illness. According to the World Health Organization, mental illness “accounts for more disability in developed countries than any other group of illnesses, including cancer and heart disease” and in Maine, mental health issues coupled with substance abuse is the leading cause of disability and death for ...


Medical Debt As A Cause Of Consumer Bankruptcy, Daniel A. Austin 2017 University of Maine School of Law

Medical Debt As A Cause Of Consumer Bankruptcy, Daniel A. Austin

Maine Law Review

In his 2009 State of the Union Address, President Barack Obama pleaded with Americans to support healthcare reform, stating, “This is cost that now causes a bankruptcy in America every thirty seconds.” That jaw-dropping statistic was based on a study co-authored by Senator Elizabeth Warren (D. Mass.) (then a professor at Harvard Law School), which concluded that 62.1% of consumer bankruptcies are medical bankruptcies. The figure has been widely cited by lawmakers, academics, and the media in support of expanded government healthcare. Recently, Senator Warren co-sponsored legislation to create a new category of those filing for bankruptcy: the “medically ...


State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg 2017 Golden Gate University School of Law

State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg

Golden Gate University Law Review

The unanimous opinion in United States v. McIntosh held that a spending rider approved by Congress in 2014 and 2015 prohibits the United States Department of Justice (the Department) from prosecuting marijuana suppliers who fully comply with state laws allowing the use of marijuana for medicinal purposes. The Department argued that the rider only prohibits litigation against the states themselves, rather than prosecution of individuals who provide marijuana for medicinal purposes, because the language of the rider indicates that the Department may not use appropriated money to prevent states from implementing their medical marijuana laws.

The three-judge panel of the ...


The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck 2017 University of Tennessee College of Law

The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck

Boston College Law Review

In the midst of rapid and radical change of America’s health care system, the country’s crown jewel public health insurance program, Medicare, faces an intensifying cost crisis due to a past of uncontrolled prices and a future of booming enrollment. A cost challenge garnering particular media attention is pharmaceutical drug pricing for Medicare Part B. Historically, congressional action has hamstrung Medicare’s ability to limit costs, and as a result, the program is increasingly forced to pass on drug costs—through copays and coinsurance—to its elderly beneficiaries. Public outrage has followed recent stories of pharmaceutical companies seeking ...


Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao 2017 Duke Law

Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao

Duke Law & Technology Review

The ability to alter the genes of future generations no longer belongs in the realm of science fiction. The genetic modification capabilities of modern science are advancing rapidly. Mitochondrial replacement therapy (MRT) represents the first crossing of the germline barrier in humans, and as of February 2015, it is the first procedure of its kind to be legalized in the Western world. How Congress decides to regulate MRT will influence future regulation of all genetic manipulation technologies. This brief argues that the current patchwork regulatory framework established in the United States is insufficient to deal with the complex issues MRT ...


Reimagining Who: Leadership And Action For A New Director-General, Lawrence O. Gostin, Eric A. Friedman 2017 Georgetown University Law Center

Reimagining Who: Leadership And Action For A New Director-General, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

Three candidates to be the next WHO Director-General remain: Tedros Adhanom Ghebreyesus, David Nabarro, and Sania Nishtar. The World Health Assembly’s ultimate choice will lead an Organization facing daunting internal and external challenges, from its own funding shortfalls to antimicrobial resistance and immense health inequities. The new Director-General must transform WHO into a 21st century institution guided by the right to health. Topping the incoming Director-General’s agenda will be a host of growing threats—risks to global health security, antimicrobial resistance, non-communicable diseases, and climate change—but also the transformative potential of the Sustainable Development Goals, including ...


The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn 2017 John Marshall Law School

The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn

Sarah Dávila-Ruhaak

1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world.

2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other ...


Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom 2017 John Marshall Law School

Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

Sarah Dávila-Ruhaak

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further ...


The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King 2017 Georgia State University College of Law

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King

Erin C. Fuse Brown

The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act's cost control policies focus on curbing overutilization by encouraging health care providers to integrate to promote efficiency and eliminate waste, but the the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that ...


One Solution For Managing Risks During Cutbacks In Residency Training Programs, Patrick Knott, Kathleen Ruroede 2017 University of New Hampshire

One Solution For Managing Risks During Cutbacks In Residency Training Programs, Patrick Knott, Kathleen Ruroede

RISK: Health, Safety & Environment

Professors Knott and Ruroede examine the risks associated with downsizing and elimination of physician residency training programs.


The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax 2017 University of Pennsylvania Law School

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

Faculty Scholarship

Research in deprivation neuroscience has grown rapidly over the past 15 years. Studies in this field examine brain structure and function of individuals from disadvantaged backgrounds. Many attempt to link brain characteristics to behavioral and cognitive deficits found more commonly in deprived populations.

The article assesses claims by neuroscientists and policy-oriented commentators that deprivation neuroscience can help generate more effective strategies for addressing poverty and deprivation. It concludes that research in this field has no unique practical payoff for reducing or alleviating poverty and its effects, over and above what is known or can be discovered from behavioral science and ...


Opinion: The Mental Health Parity And Addiction Equity Act: What Parity Means For New Hampshire, Lucy C. Hodder 2017 University of New Hampshire School of Law

Opinion: The Mental Health Parity And Addiction Equity Act: What Parity Means For New Hampshire, Lucy C. Hodder

Legal Scholarship

[Excerpt] "New Hampshire lawyers can help clients and colleagues with mental health or substance use disorders by advising individuals how to overcome barriers to insurance coverage for treatment, and encouraging them to pursue state and federally mandated internal, external and expedited appeal opportunities when denied coverage."


A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow 2017 The Catholic University of America, Columbus School of Law

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 The Catholic University of America, Columbus School of Law

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


Mayhew V. Hickox: Balancing Maine's Public's Health With Personal Liberties During The Ebola "Crisis", Benjamin W. Dexter 2017 University of Maine School of Law

Mayhew V. Hickox: Balancing Maine's Public's Health With Personal Liberties During The Ebola "Crisis", Benjamin W. Dexter

Maine Law Review

By the 1960s, methods in the detection and treatment (and consequently improvements in the survival rates) of infectious diseases had advanced so significantly that "[d]iseases seemed destined to all but disappear." But the reemergence of previously "eradicated" diseases, and the emergence of new diseases that seemed all-but-untreatable, such as Ebola virus, soon put to rest the euphoria of medical advancement. Ebola virus is one of the most dangerous infectious diseases to emerge in the twentieth century, and through media sources, including movies, television shows, and new reporting, has become one of the most feared. Despite public misunderstanding regarding the ...


The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton PhD, Shannon L. Dick M.S. 2017 Kansas State University

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking for data that would offer insights on ways to address the needs of diverse audiences through human services agencies, County Extension, the schools, churches, and other entities working with community members of Finney County. Initially, an online survey was sent to directors of Finney County’s human service organization/agencies and schools. Directors were asked what sorts of data were required to help them quantify the needs of their client/customer bases. It was from those responses that the committee designed the survey instrument. The objective of the resulting survey instrument was to gather data that would: Identify resources available in Finney County (a Minority-majority county) Identify services needed in the community Capture information regarding well-being of people in Finney County Feature General Demographic (gender, age, race/ethnicity, education, household income) Length of years lived in Finney County Primary and secondary languages spoken at home (the survey was conducted in four (4) languages) Educational needs Health questions (insurance, health conditions, mental health, medical care, etc.) Social and health needs; and Questions to measure community engagement and social involvement Target individuals and groups of varying ages, socio-economic backgrounds, ethnic backgrounds, and religious affiliations. Target survey respondents 18 years or older Keep survey respondents’ identities confidential since the study was approved by Kansas State University’s Institutional Review Board for compliance in Research with Human Subjects. Data were gathered from about 1% of Finney County’s population through surveys and focus groups conducted in four languages better to understand the ...


The Right To Attention, Jasper L. Tran 2017 George Mason University

The Right To Attention, Jasper L. Tran

Jasper L. Tran

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective. This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet ...


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