Table Of Contents, 2015 The Catholic University of America, Columbus School of Law
Table Of Contents
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Dead Soldiers And Their Posthumously Conceived Children, 2015 The Catholic University of America, Columbus School of Law
Dead Soldiers And Their Posthumously Conceived Children, Charles P. Kindregan Jr.
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Unjust Barriers: Prenatal Care And Undocumented Immigrants, 2015 The Catholic University of America, Columbus School of Law
Unjust Barriers: Prenatal Care And Undocumented Immigrants, Casey Colleen Lee
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Procedural Triage, 2015 Emory University School of Law
Procedural Triage, Matthew B. Lawrence
Faculty Articles
Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Adventures In Nannydom: Reclaiming Collective Action For The Public's Health, 2015 American University Washington College of Law
Adventures In Nannydom: Reclaiming Collective Action For The Public's Health, Lindsay Wiley, Wendy E. Parmet, Peter D. Jacobson
Articles in Law Reviews & Other Academic Journals
This article presents a summary of recent collaborative efforts to understand and respond to nanny state rhetoric. Instead of summarily rejecting the libertarian critique of paternalism, public health advocates must develop a forceful response that exposes its weak legal basis and reframes the debate in terms of democratic collective action.
Deregulation, Distrust, And Democracy, 2015 American University
Deregulation, Distrust, And Democracy, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Environmental, public health, alternative food, and food justice advocates are working together to achieve incremental agricultural subsidy and nutrition assistance reforms that increase access to fresh fruits and vegetables. When it comes to targeting food and beverage products for increased regulation and decreased consumption, however, the priorities of various food reform movements diverge. This article argues that foundational legal issues, including preemption of state and local authority to protect the public's health and welfare, increasing First Amendment protection for commercial speech, and eroding judicial deference to legislative policy judgments, present a more promising avenue for collaboration across movements than discrete …
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, 2015 American University Washington College of Law
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This is a draft of Chapter Two of my book-in-progress under contract with Oxford University Press titled You Can Choose Your Medicine: Freedom of Therapeutic Choice in American History and Law. This chapter shows how freedom of therapeutic choice remained an influential theme in American policy and thought in the Gilded Age. Despite the almost universal restoration of medical licensing after the Civil War, the new licensing regimes were drafted and enforced in ways that protected the rights of practitioners and patients of nonorthodox schools of medicine.This chapter starts by briefly describing the main alternative medical sects during the Gilded …
What To Expect At The Intersection Of Law And Social Work, 2015 Mitchell Hamline School of Law
What To Expect At The Intersection Of Law And Social Work, Jada Fehn
Faculty Scholarship
Hamline University School of Law recently launched a medical-legal partnership (MLP) with United Family Medicine (UFM), a community clinic on West Seventh Street. UFM is a nonprofit provider of primary health care that strives to meet the needs of the medically uninsured, underinsured, and underserved residents of Saint Paul. One of the main components of the partnership is a law school clinic that will provide legal assistance and educate student attorneys as part of a holistic approach to medical care.
Vets Just Want Fair Benefits, 2015 St. Mary's University School of Law
Vets Just Want Fair Benefits, Patricia E. Roberts
Faculty Articles
No abstract provided.
Out Of The Black Box And Into The Light: Using Section 1115 Medicaid Waivers To Implement The Affordable Care Act's Medicaid Expansion, 2015 Saint Louis University School of Law Center for Health Law Studies
Out Of The Black Box And Into The Light: Using Section 1115 Medicaid Waivers To Implement The Affordable Care Act's Medicaid Expansion, Sidney D. Watson
All Faculty Scholarship
What price Medicaid expansion? The Supreme Court's decision in National Federation of Independent Business (NFIB) v. Sebelius,' sparked intense debate about how the Secretary of Health & Human Services (HHS) would respond to pressure from recalcitrant states. Policy experts and Sunday-moming pundits predicted that Red States would demand Section 1115 waivers of federal Medicaid rules as the quid pro quo for implementing the Affordable Care Act's (ACA) Medicaid expansion that covers adults with incomes up to 133% of the federal poverty level (FPL). They prophesized that the Obama Administration, desperate to move implementation forward, would have little leverage in its …
Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, 2015 University of Baltimore School of Law
Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster
University of Baltimore Law Review
No abstract provided.
Comments: An Easy Pill To Swallow: While The Supreme Court Found That For-Profit, Secular Companies Can Exercise Religion Within The Meaning Of The Religious Freedom Restoration Act, The Mandate Should Have Prevailed With Respect To Those Entities Because It Advances The Government's Compelling Interests In Public Health And Is The Least Restrictive Means Of Doing So, 2015 University of Baltimore School of Law
Comments: An Easy Pill To Swallow: While The Supreme Court Found That For-Profit, Secular Companies Can Exercise Religion Within The Meaning Of The Religious Freedom Restoration Act, The Mandate Should Have Prevailed With Respect To Those Entities Because It Advances The Government's Compelling Interests In Public Health And Is The Least Restrictive Means Of Doing So, Maria Iliadis
University of Baltimore Law Review
Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?
–Edward, First Baron Thurlow
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, 2015 North Carolina Central University
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Faculty Publications By Year
It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.
A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …
Toward Coherent Federal Oversight Of Medicine, 2015 Georgia State University College of Law
Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler
Faculty Publications By Year
The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …
Sharing The Burden Of Ebola Vaccine Related Adverse Events, 2015 University of Tulsa College of Law
Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, 2015 University of Maryland Francis King Carey School of Law
Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman
Journal of Health Care Law and Policy
The overuse of antibiotics has created a potential public health menace—the growth of microbial infections resistant to them. Antibiotic resistance stems from many causes that include the use of antibiotics in animal feed, medical practitioners’ over-prescription, the general public’s misuse of the drugs, and the failure to develop new antibiotics. This has led to the development of so called “super bugs” that are often immune to first line antibiotic therapies, such as penicillin, and to more powerful, broad-spectrum treatments.
The CDC considers the primary source of antibiotic resistant infections in humans to come from our overuse of antibiotics and the …
A Physician's Apology: An Argument Against Statutory Protection, 2015 University of Richmond
A Physician's Apology: An Argument Against Statutory Protection, Nancy L. Zisk
Richmond Journal of Law and the Public Interest
After a review of a physician's ethical duty to disclose and the empirical evidence of how open and honest communication between patient and physician actually benefits both the patient and the treating physician, the paper questions whether apologies by health care providers need the protection afforded by these laws. Section II reviews the history of the medical profession's tendency toward silence and the reasons for that silence. Section III examines the state statutes passed to encourage the breaking of this silence. Section IV reviews the state rules of evidence that have traditionally been applied to determine whether or not statements …
Reducing The Stigma: The Deadly Effect Of Untreated Mental Illness And New Strategies For Changing Outcomes In Law Students, 2015 Mitchell Hamline School of Law
Reducing The Stigma: The Deadly Effect Of Untreated Mental Illness And New Strategies For Changing Outcomes In Law Students, Joan Bibelhausen, Katherine M. Bender, Rachael Barrett
William Mitchell Law Review
No abstract provided.
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, 2015 Mitchell Hamline School of Law
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan
William Mitchell Law Review
No abstract provided.
Health Injustice And Justice In Health: The Role Of Law And Public Policy In Generating, Perpetuating, And Responding To Racial And Ethnic Health Disparities Before And After The Affordable Care Act, 2015 Mitchell Hamline School of Law
Health Injustice And Justice In Health: The Role Of Law And Public Policy In Generating, Perpetuating, And Responding To Racial And Ethnic Health Disparities Before And After The Affordable Care Act, Daryll C. Dykes
William Mitchell Law Review
No abstract provided.