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The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm 2021 University of St. Thomas, Minnesota

The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm

University of St. Thomas Law Journal

No abstract provided.


Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath 2021 University of St. Thomas, Minnesota

Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath

University of St. Thomas Law Journal

No abstract provided.


Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.


End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel 2021 University of Cincinnati College of Law

End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel

University of Cincinnati Law Review

No abstract provided.


Blood Feud: Matheis And The Fight For Disability Rights, Evelyn L. A. Jackson 2021 Boston College Law School

Blood Feud: Matheis And The Fight For Disability Rights, Evelyn L. A. Jackson

Boston College Law Review

On August 30, 2019, the U.S. Court of Appeals for the Third Circuit in Matheis v. CSL Plasma, Inc. held that plasma donation centers are public accommodations under the Americans with Disabilities Act (ADA). In doing so, the court split from the Fifth Circuit Court of Appeals and joined the Tenth Circuit Court of Appeals in requiring plasma donation centers to reasonably accommodate their donors’ disabilities. This Comment argues that the Third Circuit was correct in holding that plasma donation centers are service establishments under Title III of the ADA as the text and legislative history indicate the statute ...


The Coronavirus Pandemic 1 Year On—What Went Wrong?, Lawrence O. Gostin 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

The Coronavirus Pandemic 1 Year On—What Went Wrong?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

January 30, 2021, marked the first anniversary of the declaration by the World Health Organization (WHO) of COVID-19 as a public health emergency of international concern (PHEIC). Thus far, the world has been no match for SARS-CoV-2, with more than 100 million cases and 2.5 million deaths. The US has been among the world’s poorest performers in addressing the pandemic, with more than 500 000 deaths.

Vaccines offer the best chance of returning to normal, but circulating variants pose a major obstacle, particularly the emergence of variants that are more transmissible and are developing partial resistance to vaccines ...


European Union Food Law Update, Nicole Coutrelis 2021 Coutrelis & Associates, Brussels

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...


United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook 2021 Venable, LLP, Washington D.C.

United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook

Journal of Food Law & Policy

This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in attention ...


Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill 2021 University of Arkansas, Fayetteville

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.


The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards 2021 Pepperdine University

The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards

Journal of the National Association of Administrative Law Judiciary

The 21st Century Cures Act is designed to expedite the FDA’s approval of pharmaceutical and medical device applications in order to increase patient access to innovative therapies. However, many experts claim that the Act’s Title III provisions promote evidentiary “‘shortcuts’” that eviscerate the safety and efficacy standards of the FDA approval process. For new drugs, Title III permits surrogate endpoints and real-world evidence in lieu of more rigorous scientific data. For new medical devices, Title III requires the FDA to exempt certain Class I and II devices from any kind of safety or efficacy evaluation. Moreover, Title III ...


The Battle For Covid-19 Vaccines Highlights The Need For A New Global Governance Mechanism, Anna Mia Ekström, Camilla Berggren, Göran Tomson, Lawrence O. Gostin, Peter Friberg, Ole Petter Ottersen 2021 Department of Global Public Health, Karolinska Institutet

The Battle For Covid-19 Vaccines Highlights The Need For A New Global Governance Mechanism, Anna Mia Ekström, Camilla Berggren, Göran Tomson, Lawrence O. Gostin, Peter Friberg, Ole Petter Ottersen

Georgetown Law Faculty Publications and Other Works

To the Editor—Although the rapid development of several vaccines against COVID-19 is an unparalleled scientific accomplishment, one made possible through the collaboration of researchers, industry and funding bodies, the absence of a system that secures equitable access to vaccines has uncovered deep fissures in the global governance systems for health, as noted in a recent Nature Medicine Editorial.

For example, advance purchase agreements for vaccines against COVID-19 have favored affluent countries, allowing them to secure 150–500% of their predicted needs, while many citizens of low-and middle-income countries (LMICs) will remain unvaccinated until 2024.

Additionally, the power of patent-holders ...


Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady 2021 Dublin City Schools

Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady

National Youth Advocacy and Resilience Conference

This presentation will explain the historical development of pornography. It will highlight four segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention. 4- A review of interventions available to assist clients in navigating a lifestyle away from pornography.


Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael 2021 DePaul University College of Law

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing ...


A Cautionary Tale: Theranos, The Ldt Loophole, And Implications On The Covid-19, William Chanes Martinez 2021 Seton Hall University

A Cautionary Tale: Theranos, The Ldt Loophole, And Implications On The Covid-19, William Chanes Martinez

Health Law Outlook

No abstract provided.


“Incident To Service”: Narrowing The Scope Of The Feres Doctrine In Military Medical Malpractice, Thomas A. Campbell 2021 Seton Hall University

“Incident To Service”: Narrowing The Scope Of The Feres Doctrine In Military Medical Malpractice, Thomas A. Campbell

Health Law Outlook

No abstract provided.


The Patient Assistance Problem, John DeFuria 2021 Seton Hall University

The Patient Assistance Problem, John Defuria

Health Law Outlook

No abstract provided.


Who Calls The Shots?: Parents Versus The Parens Patriae Power Of The States To Mandate Vaccines For Children In New York, Emily R. Jones 2021 Georgia State University College of Law

Who Calls The Shots?: Parents Versus The Parens Patriae Power Of The States To Mandate Vaccines For Children In New York, Emily R. Jones

Georgia State University Law Review

Vaccines are one of the top ten public health interventions of the twentieth century, lengthening lifespans and drastically reducing the burden of infectious disease in many nations. Childhood immunizations in particular have significantly impacted rates of infant and child mortality and morbidity, and nearly eliminated the presence of diseases like measles in the United States. Unfortunately, parents are increasingly seeking “religious” exemptions for mandatory childhood immunizations, which threatens to lead to a resurgence in these diseases, impacting children and schools.

This Note discusses New York’s repeal of the religious exemption from its public health code in 2019. Passed in ...


Risk Indicators Of Food Insecurity In The Cf Population, Semret Seyoum, Marsha Regenstein, Lea Nolan 2021 George Washington University

Risk Indicators Of Food Insecurity In The Cf Population, Semret Seyoum, Marsha Regenstein, Lea Nolan

Health Policy and Management Issue Briefs

No abstract provided.


Health Care Civil Rights Under Medicare For All, Valarie Blake 2021 West Virginia University College of Law

Health Care Civil Rights Under Medicare For All, Valarie Blake

Law Faculty Scholarship

The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are necessary to ensure equality in health care delivery, an outcome its creators and supporters surely would not intend.

Federal money is typically requisite for civil rights enforcement. Title VI, Title IX, and the Age Discrimination Act of 1975 all apply to recipients of federal financial assistance ...


Consent, Informed: Rethinking Informed Consent & Competency For Patients With Schizophrenia & Anosognosia, Nina Labovich 2021 Boston College Law School

Consent, Informed: Rethinking Informed Consent & Competency For Patients With Schizophrenia & Anosognosia, Nina Labovich

Boston College Law Review

Anosognosia is a common symptom of schizophrenia and schizoaffective disorder that renders individuals unable to understand that they are living with a disease. This symptom often leads people to refuse anti-psychotic medication, and may increase an individual’s likelihood of becoming homeless or incarcerated. When courts find individuals to be a danger to others or themselves, states can impose involuntary commitment. When a state grants involuntary commitment, however, a court may find the individual remains competent to refuse medication. This Note argues that documented anosognosia requires a finding of incompetency, whether people are a danger to themselves or not. Science ...


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