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Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


Laboratories Of Exclusion: Medicaid, Federalism & Immigrants, Medha D. Makhlouf 2020 Penn State Dickinson Law

Laboratories Of Exclusion: Medicaid, Federalism & Immigrants, Medha D. Makhlouf

Faculty Scholarly Works

Forthcoming Dec. 2020

Medicaid’s cooperative federalism structure gives states significant discretion to include or exclude various categories of immigrants. This has created extreme geographic variability in immigrants’ access to health coverage. This Article describes federalism’s role in influencing state policies on immigrant eligibility for Medicaid and its implications for national health policy. Although there are disagreements over the extent to which public funds should be used to subsidize immigrant health coverage, this Article reveals that decentralized policymaking on immigrant access to Medicaid has weakened national health policy. It has failed to incentivize the type of state policy experimentation ...


Public Health Vs. Public Health: Balancing Environmental Concerns With The Need For Sterile Medical Devices, Jack Brooksbank 2020 University of Minnesota Law School

Public Health Vs. Public Health: Balancing Environmental Concerns With The Need For Sterile Medical Devices, Jack Brooksbank

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Irony Of Health Care’S Public Option, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

The Irony Of Health Care’S Public Option, Allison K. Hoffman

Faculty Scholarship at Penn Law

The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Something To Celebrate?: Demoting Dairy In Canada's National Food Guide, Maneesha Deckha 2020 University of Victoria

Something To Celebrate?: Demoting Dairy In Canada's National Food Guide, Maneesha Deckha

Journal of Food Law & Policy

In early 2019, the Canadian Government released the much-anticipated new Canada Food Guide. It is a food guide that de-emphasizes dairy products and promotes plant-based eating. Notably, in the new version, milk and milk products are de-listed as one of the previously four essential food groups. On the surface, it seems that the federal government is promoting veganism and helping to bring about a friendlier future for animals and humans harmed by being producers and consumers of dairy, as the new Guide may seriously contract the currently robust Canadian dairy industry and its powerful lobby. On closer inspection, the messaging ...


Defining “Regular Occupation” In Long-Term Disability Insurance Policies, Margo Jasukaitis, Daniel O’Hara 2020 Georgetown University Law Center.

Defining “Regular Occupation” In Long-Term Disability Insurance Policies, Margo Jasukaitis, Daniel O’Hara

Yale Journal of Health Policy, Law, and Ethics

Millions of American workers purchase “regular occupation” disability insurance to protect against disability-related job loss. Unlike general disability insurance policies, which require workers be disabled from doing any job to receive benefit payments, “regular occupation” insurance pays benefits when workers become disabled from doing their specific job. Whether a disabled worker receives benefits under such a plan often turns on how insurers and courts define the worker’s “regular occupation.”


Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Action To Safeguard Future Generations, Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz 2020 Visiting Associate Clinical Professor of Law at Columbia Law School.

Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Action To Safeguard Future Generations, Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz

Yale Journal of Health Policy, Law, and Ethics

Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children’s environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best ...


Democracy And Health: Situating Health Rights Within A Republic Of Reasons, Alicia Ely Yamin, Tara Boghosian 2020 Senior Fellow on Global Health and Rights, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, and Senior Advisor, Bergen Centre on Ethics and Priority Setting.

Democracy And Health: Situating Health Rights Within A Republic Of Reasons, Alicia Ely Yamin, Tara Boghosian

Yale Journal of Health Policy, Law, and Ethics

Patterns of population health are keen reflections of structural inequities in societies, yet they are rarely subject to the requirements of democratic justification that other systemic inequalities provoke. Nor are health systems generally subject to societal scrutiny regarding fidelity to normative commitments of dignity and equality. Increased recognition of social determinants of health has challenged the narrow biomedical view of health as a stochastic phenomenon. More recently the sweeping devastation of the COVID-19 pandemic has laid bare structural injustices across many democracies, which contributed to widely disparate rates of infection and mortality.


Transformative Models To Promote Prescription Drug Innovation And Access: A Landscape Analysis, Phebe Hong, Aaron S. Kesselheim, Ameet Sarpatwari 2020 Harvard Law School

Transformative Models To Promote Prescription Drug Innovation And Access: A Landscape Analysis, Phebe Hong, Aaron S. Kesselheim, Ameet Sarpatwari

Yale Journal of Health Policy, Law, and Ethics

The patent-based pharmaceutical innovation system in the US does not incentivize the development of drugs with the greatest impact on patient or public health. It has also led to drug prices that patients and health care systems cannot afford. Three alternate approaches to promoting pharmaceutical innovation have been proposed to address these shortcomings. Delinkage models involve payments for drug innovation based on public health value rather than on a per-use basis. Public manufacturing models call upon governments and nonprofit organizations to lead drug discovery, development, and production. Public-private partnership models entail publicly-funded organizations working closely with for-profit partners on drug ...


Early Access To Unapproved Medicines In The United States And France, Erika Lietzan, Isabelle Moine-Dupuis 2020 Associate Professor at the University of Missouri School of Law

Early Access To Unapproved Medicines In The United States And France, Erika Lietzan, Isabelle Moine-Dupuis

Yale Journal of Health Policy, Law, and Ethics

In 2018, President Trump signed a federal “right to try” law, claiming that it would give desperately ill patients earlier access to unapproved medicines, by allowing the patient, doctor, and drug company to arrange for access without federal oversight. Critics of the law argued that it would not meaningfully increase access to experimental medicines, because federal oversight was not the obstacle in the first place. And they were correct. U.S. law already permitted companies to provide terminally ill patients with early access to unapproved medicines. The problem was instead that companies did not take advantage of this option. This ...


21 In The 21st—An Evaluation Of The Tobacco Regulation Trend, Casey Kellum 2020 St. Mary's University School of Law

21 In The 21st—An Evaluation Of The Tobacco Regulation Trend, Casey Kellum

St. Mary's Law Journal

Tobacco regulation persists as a controversial issue both legally and politically in the United States. Throughout American history, states rely on local legislation to provide adequate protection to consumers of tobacco products, as “Big Tobacco” targets consumers for its addictive product. One of the most recent amendments in this arena is the state by state decision to raise the minimum legal sales age for tobacco to twenty-one.

Despite rigorous regulation of tobacco products in the United States, however, tobacco remains the leading cause of preventable deaths in the country. These “Tobacco 21” ordinances come at a critical time when the ...


Gendered Complications Of Covid-19: Towards A Feminist Recovery Plan, Linda McClain, Naomi Cahn 2020 Boston Univeristy School of Law

Gendered Complications Of Covid-19: Towards A Feminist Recovery Plan, Linda Mcclain, Naomi Cahn

Faculty Scholarship

Gendered inequalities are on the frontlines of Covid-19. The catalogue of Covid-19’s impact covers all aspects of women’s lives: work, family, education, health, reproduction, mental and physical well-being, and leisure. The pandemic has exposed the limitations in the current economic system on public and private support for gender equity and the intersecting impact of gender, race, and class in that lack of support. Women of color, particularly Black, Latina, and Native American, are at the intersection of the inequities in the emerging stay-at-home economy. This Article argues that Covid-19 is likely to have complex implications for gender equality ...


Covid-19 And Domestic Travel Restrictions, Katherine Florey 2020 Martin Luther King, Jr. Professor of Law, University of California, Davis, School of Law

Covid-19 And Domestic Travel Restrictions, Katherine Florey

Notre Dame Law Review Reflection

The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create ...


Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash 2020 University of Pennsylvania Carey Law School

Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Law

Regulatory compliance is vital for promoting the public values served by regulation. Yet many businesses remain out of compliance with some of the regulations that apply to them—presenting not only possible dangers to the public but also exposing themselves to potentially significant liability risk. Compliance management systems (CMSs) may help reduce the likelihood of noncompliance. In recent years, managers have begun using CMSs in an effort to address compliance issues in a variety of domains: environment, workplace health and safety, finance, health care, and aviation, among others. CMSs establish systematic, checklist-like processes by which managers seek to improve their ...


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier 2020 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier

Georgetown Law Faculty Publications and Other Works

Human rights discourse has greatly influenced advocacy for justice in public health. Yet, beyond rhetorical claims, how can we employ human rights to achieve the aspiration of health with justice? Without human rights education to support public health practice, human rights have become a shibboleth of public health—raised frequently to signal devotion to justice, but employed rarely in policy, programming, or practice. As advocates respond to the public health injustices of populist nationalism during an unprecedented pandemic, human rights education must be an essential foundation to hold governments accountable for implementing rights to safeguard public health.


Universal Masking In The United States: The Role Of Mandates, Health Education, And The Cdc, Lawrence O. Gostin, I. Glenn Cohen, Jeffrey P. Koplan 2020 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Universal Masking In The United States: The Role Of Mandates, Health Education, And The Cdc, Lawrence O. Gostin, I. Glenn Cohen, Jeffrey P. Koplan

Georgetown Law Faculty Publications and Other Works

The Centers for Disease Control and Prevention (CDC) recommends cloth face coverings in public settings to prevent spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19). Face coverings decrease the amount of infectious virus exhaled into the environment, reducing the risk an exposed person will become infected.1 Although many states and localities have ordered mask use, considerable variability and inconsistencies exist. Would a national mandate be an effective COVID-19 prevention strategy, and would it be lawful? Given the patchwork of state pandemic responses, should the CDC have enhanced funding and powers ...


Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan 2020 Loyola Marymount University and Loyola Law School

Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan

Loyola of Los Angeles Law Review

No abstract provided.


The Aca’S Choice Problem, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

The Aca’S Choice Problem, Allison K. Hoffman

Faculty Scholarship at Penn Law

The Affordable Care Act (ACA) is in many ways a success. Millions more Americans now have access to health care, and the ACA catalyzed advances in health care delivery reform. Simultaneously, it has reinforced and bolstered a problem at the heart of American health policy and regulation: a love affair with choice. The ACA’s insurance reforms doubled down on the particularly American obsession with choice. This article describes three ways in which that doubling down is problematic for the future of US health policy. First, pragmatically, health policy theory predicts that choice among health plans will produce tangible benefits ...


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