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Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi 2015 University of Tulsa College of Law

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Sam Halabi

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.


Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht 2015 SelectedWorks

Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht

Ryan Dreveskracht

This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire ...


Selling Hospice, Sam Halabi 2015 University of Tulsa College of Law

Selling Hospice, Sam Halabi

Sam Halabi

Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. On the one hand, the growing acceptance of hospice may be seen as a sign of trends giving substance ...


To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma 2014 Pace University

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be ...


Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz 2014 University of Massachusetts School of Law

Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz

University of Massachusetts Law Review

In the decades since the 1970s there have been several movements designed to impact or alter the workings of the legal system. The most lasting and widespread of these movements has been the development and systemic incorporation of mediation or Alternative Dispute Resolution, especially in the arena of family law but also impacting community disagreements, a variety of commercial disputes, and civil cases in general. However mediation did not significantly impact the practice of criminal law. Rapid growth in the number of individuals being processed through the criminal courts during the 1980s and 1990s shifted the focus to the criminal ...


Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich 2014 University of Massachusetts School of Law

Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich

University of Massachusetts Law Review

This Article discusses two important facets of Military Regulation and veterans law. First, this Article explores how the Uniform Code of Military Justice treats veterans accused of committing self-injury. Thus, there is a prohibition on , including criminal prosecution of, attempted suicide, which this Article argues exacerbates the issues which many of our brave servicemen and women face upon returning home from combat, often carrying the burden of mental disorders such as post-traumatic stress disorder. Second, this Article delves into Air Force Regulations, which prohibits termination, without cause, once an officer reaches the rank of Major and has served at least ...


Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa 2014 University of Massachusetts School of Law

Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa

University of Massachusetts Law Review

This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand ...


Legal But Unacceptable: Pallin V. Singer And Physician Patenting Norms, Katherine J. Strandburg 2014 NELLCO

Legal But Unacceptable: Pallin V. Singer And Physician Patenting Norms, Katherine J. Strandburg

New York University Law and Economics Working Papers

In intellectual property discourse, the edge tends to be defined by disputes between producers and consumers or between upstream and downstream innovators. This Chapter tells a different kind of story, about the edge between the patent-based innovation system and a user innovator community governed by norms of reputation and sharing. In this story, a cataract surgeon’s attempt to enforce his surgical method patent in the early 1990s brought forth a surprisingly strong response from the medical profession. The incident generated a reaffirmation of the norm in the AMA’s ethical principles and a political movement that led to Congress ...


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd 2014 Boston College Law School

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


The Rise Of The End User In Patent Litigation, Gaia Bernstein 2014 Boston College Law School

The Rise Of The End User In Patent Litigation, Gaia Bernstein

Boston College Law Review

The patent system focuses on the actions of two players: the patentee and its competitor. It assumes that the competitor will represent the interests of the end user. But, end users are increasingly becoming significant players in the patent system, with their interests sometimes diverging from those of competitors. Attention has recently turned to Patent Assertion Entities (“PAEs”)—also known as patent trolls—who are suing vast numbers of customers using patented technologies in their everyday businesses. Yet, end users were also principal players in some of the main recent patent cases before the U.S. Supreme Court. In Bowman ...


The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege 2014 Georgetown University Law Center

The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege

Georgetown Law Faculty Publications and Other Works

A clear lesson of the Ebola epidemic in West Africa is the need for strong public health systems globally, including in the United States. Ebola has highlighted the dangers of weak public health systems, from the immense shortage of health workers in West Africa to the budget cuts at the U.S. Centers for Disease Control and Prevention. In response to Ebola and the broader threat of infectious disease, President Obama has proposed a $6.2 billion supplemental funding request to Congress. The supplemental would surge resources for containing and treating Ebola in West Africa -- including a reserve of funds ...


Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom 2014 Georgetown University Law Center

Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom

Georgetown Law Faculty Publications and Other Works

The existing Partial Guidelines for Implementation of Articles 9 & 10 of the WHO Framework Convention for Tobacco Control includes a strategy for regulating tobacco products to reduce their attractiveness, but does not yet provide any guidance for reducing either the toxicity or the addictiveness of tobacco products. Section 1.2.1.2, “Addictiveness (dependence liability),” states only that: “This section has been left blank intentionally to indicate that guidance will be proposed at a later stage.” A related footnote says that the blanks will be filled “as new country experience, and scientific, medical and other evidence become available. . . [and] will ...


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo 2014 SelectedWorks

The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo

Courtney E Priolo

Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal ...


The Pursuit Of Chapter 415 Neglect Or Abuse Of A Vulnerable Adult Claims By Patients Against Hospitals In Florida, Stephen Smith 2014 SelectedWorks

The Pursuit Of Chapter 415 Neglect Or Abuse Of A Vulnerable Adult Claims By Patients Against Hospitals In Florida, Stephen Smith

Stephen Smith

Florida law provides statutory causes of action for medical malpractice (Chapter 766, Florida Statutes) and neglect of a vulnerable adult (Chapter 415). This article addresses (i) whether a Chapter 415 neglect of a vulnerable adult claim is an available remedy for a patient to pursue recovery against a hospital and (ii), if so, what actions by the hospital or its staff can serve as a foundation for a patient’s Chapter 415 claim. It concludes patients may be able to pursue such claims, but the claims cannot be based on allegations of medical negligence. However, Florida caselaw interprets virtually any ...


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter 2014 SelectedWorks

Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter

Kara A Ritter

No abstract provided.


Measuring The Health Impact Of Medical-Legal Interventions On Low-Income Patients, Medha D. Makhlouf, Valerie Zolezzi-Wyndham 2014 University of Massachusetts Medical School

Measuring The Health Impact Of Medical-Legal Interventions On Low-Income Patients, Medha D. Makhlouf, Valerie Zolezzi-Wyndham

Community Engagement and Research Symposium

Research shows that nearly all of the low-income people in the United States have at least one civil legal problem that negatively affects their health. Family Advocates of Central Massachusetts (FACM) is a medical-legal partnership that aims to improve the well-being of vulnerable families by helping patients address legal issues linked to health status, such as access to necessary public benefits, substandard housing, education issues, immigration status, and protection from abusive relationships. The partnership includes Community Legal Aid and its subsidiary, Central West Justice Center, and three medical partners: UMass Medical School, UMass Memorial Children’s Medical Center, and Edward ...


Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel 2014 University of Georgia School of Law

Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel

Georgia Journal of International & Comparative Law

No abstract provided.


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