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Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky 2017 Selected Works

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin 2017 Selected Works

Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin

Erwin Chemerinsky

A measles epidemic in California, that then spread to other states, focused national attention on the many children who have been vaccinated against communicable diseases. This Essay focuses on the constitutional issues concerning compulsory vaccination laws and argues that every state should require compulsory vaccination of all children, unless there is a medical reason why the child should not be vaccinated. There should be no exception to the compulsory vaccination requirement on account of the parents’ religion or conscience, or for any reason other than medical necessity. The government’s interest in protecting children and preventing the spread of communicable ...


Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky 2017 Duke University

Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky

Erwin Chemerinsky

Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the right to assisted death a fundamental right? Second, if so, is the prohibition of assisted death necessary to achieve a compelling interest? Presented in this way, it is clear that the Court erred in Washington v. Glucksberg. The right of a terminally ill person to end his or her life is an essential aspect of autonomy, comparable to aspects of autonomy ...


A Whole Lot Of Shakin' Going On: Movement Disorders Caused By Brain Trauma, Jack E. Hubbard, Samuel D. Hodge, Jr. 2017 Temple University

A Whole Lot Of Shakin' Going On: Movement Disorders Caused By Brain Trauma, Jack E. Hubbard, Samuel D. Hodge, Jr.

Cleveland State Law Review

There has been a lot of publicity directed to the consequence of brain trauma, such as headaches forgetfulness, irritability, and depression. That is only part of the sequelae. A little-known but challenging result of brain trauma is the development of or aggravation of a movement disorder such as a tremor, dystonia, a tic, or Parkinson’s Disease.

A movement disorder is an all-encompassing term that refers to a constellation of neurological issues that cause involuntary or voluntary movements or abnormal positioning of a body part. Various regions of the brain interact with each other to control movements of the body ...


In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor 2017 Cleveland-Marshall College of Law

In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor

Cleveland State Law Review

Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a ...


The Science Of Policy-Making, Singapore Management University 2017 Singapore Management University

The Science Of Policy-Making, Singapore Management University

Perspectives@SMU

The need for science-based evidence for policy makers to understand issues, manage risks and handle tradeoffs


A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper 2017 University of Maryland Francis King Carey School of Law

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper

Maryland Law Review

No abstract provided.


Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips 2017 University of Maryland Francis King Carey School of Law

Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips

Maryland Law Review

No abstract provided.


Civil Rights Policy In Practice: Provision Of Language Assistance Services In Health Care, Meredith Greene 2017 Northwestern University

Civil Rights Policy In Practice: Provision Of Language Assistance Services In Health Care, Meredith Greene

Undergraduate Research and Arts Exposition

With 80% of US hospitals seeing limited English proficient patients on a regular basis, language assistance services are a pivotal component of ensuring equal access to health care. State and federal civil rights policies guarantee the provision of language assistance services to limited English proficient hospital patients. However, local civil rights advisory committees report hospitals do not adequately comply with these policies. Through the development and analysis of an original dataset of qualitative interviews with compliance officers, language assistance services administrators, and healthcare workers from five Chicagoland health systems, this study examines what these civil rights policies look like in ...


An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas 2017 Georgia State University College of Law

An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas

Georgia State University Law Review

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants to ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


Panel 6a Local Enforcement Efforts In Maryland: Tobacco Free Baltimore: Tobacco Enforcement, Shovaughn Chism 2017 Baltimore City Health Department

Panel 6a Local Enforcement Efforts In Maryland: Tobacco Free Baltimore: Tobacco Enforcement, Shovaughn Chism

Maryland Tobacco Control Conference

Retail tobacco compliance checks are among the most effective strategies to reduce prevent youth tobacco use. This session will highlight the retail tobacco compliance check programs in three diverse Maryland communities: Baltimore City, Baltimore County, and St. Mary’s County. Panelists will discuss the challenges facing these programs and recent successes in reducing retail violations and youth access to tobacco products. Topics will include: inspection procedures and evidence gathering, working with law enforcement, administrative bodies reducing or eliminating fines, legal challenges, and much more!


Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky 2017 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky

Law School Blogs

No abstract provided.


Deference To The Agency Is The Best Policy: The D.C. Circuit Applies Chevron In Denying Additional Medicare Reimbursements To Provider Hospitals In Washington Regional Medicorp, Brandon Curtin 2017 Boston College Law School

Deference To The Agency Is The Best Policy: The D.C. Circuit Applies Chevron In Denying Additional Medicare Reimbursements To Provider Hospitals In Washington Regional Medicorp, Brandon Curtin

Boston College Law Review

On December 29, 2015, in Washington Regional Medicorp v. Burwell, the U.S. Court of Appeals for the District of Columbia Circuit held that the Secretary of Health and Human Services (“HHS”) correctly interpreted the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) in calculating Medicare reimbursements for a provider hospital based on the capped target amount from the previous year. In agreeing with the Secretary, the D.C. Circuit joined the U.S. Courts of Appeals for the Third and Sixth Circuits in holding that the statute and its implementing regulations supported the Secretary. The U.S. Court ...


Do Desperate Times Really Call For Desperate Measures? The Ethical Dilemma Behind The Regulation And Use Of Experimental Drugs, Lauren Kuehn 2017 Notre Dame Law School

Do Desperate Times Really Call For Desperate Measures? The Ethical Dilemma Behind The Regulation And Use Of Experimental Drugs, Lauren Kuehn

Notre Dame Journal of International & Comparative Law

This Note will argue that, unlike what many patients believe, the U.S. Food and Drug Administration (FDA) plays an invaluable and imperative role in seeking the efficacy and safety of new treatment options and drugs. The balance of interests between those who are terminally ill, who wish to see increased access to unapproved medicines; the general public, who has an interest in preserving the drug approval process; and the FDA, who has been mandated by law to safeguard the safety of the general public, creates a tension that will continue to go unresolved. Thus, the patients who continue to ...


Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau 2017 Fordham University School of Law

Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau

Fordham Law Review

In 2009, state legislatures began to enact concussion safety laws to protect youth athletes suffering from traumatic brain injuries sustained during the course of play. By 2014, all fifty states and the District of Columbia had enacted some form of youth sports concussion legislation. Yet these statutes vary widely across states in terms of the protections offered to youth athletes. This Note provides an analysis of state legislation by classifying all fifty-one statutes among distinct tiers ranging from least to most protective.


Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale 2017 University of Connecticut

Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale

Honors Scholar Theses

The passage of the Patient Protection and Affordable Care Act (PPACA, ACA, or Obamacare) in 2010 significantly altered the structure of the individual health insurance market. The new regulatory environment and establishment of the health insurance exchanges forced insurers to adopt to be successful in the reformed individual market. However, the complexity of the law and uncertainty surrounding both the law itself and the newly insured have threatened the stability of the individual market. This thesis will explore the history of the individual health insurance market, the issues that current afflict the exchanges, and viability of possible solutions. Special attention ...


The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos 2017 University of Michigan Law School

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Articles

It seems that everybody loves workplace wellness programs. The Chamber of Commerce has firmly endorsed those progarms, as have other business groups. So has President Obama, and even liberal firebrands like former Senator Tom Harkin. And why not? After all, what's not to like about programs that encourage people to adopt healthy habits like exercise, nutritious eating, and quitting smoking? The proponents of these programs speak passionately, and with evident good intentions, about reducing the crushing burden that chronic disease places on individuals, families, communities, and the economy as a whole. What's not to like? Plenty. Workplace wellness ...


Federalism And The End Of Obamacare, Nicholas Bagley 2017 University of Michigan Law School

Federalism And The End Of Obamacare, Nicholas Bagley

Articles

Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how best to allocate power between the federal government and the states. For health reform, the conventional arguments in favor of a national solution have little resonance: federal intervention will not avoid a race to the bottom, prevent externalities, or protect minority groups from state discrimination. Instead, federal action is necessary to overcome the states’ fiscal limitations: their inability to deficit-spend and the constraints that federal law ...


Rape Crisis Center Professionals' Perception Of Sexual Violence Policy: A Qualitative Analysis, Stephanie Manieri 2017 Dominican University of California

Rape Crisis Center Professionals' Perception Of Sexual Violence Policy: A Qualitative Analysis, Stephanie Manieri

Scholarly & Creative Works Conference 2018

The purpose of this study is to collect information about the perceptions of rape crisis center professionals regarding the current policies surrounding sexual violence crimes that victimize people over the age of 18. This research aims to gather information about effective and ineffective policies from professionals who are first- responders to sexual assaults.


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