What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes,
2023
Pepperdine University
Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino
Pepperdine Law Review
In the wake of COVID-19, there has been a surge of wrongful death cases filed by plaintiff families in state courts. These families allege that their loved one contracted and died from COVID-19 because the nursing home or senior living facility at which their loved one resided failed to take proper COVID-19 prevention measures. In response, defendant facilities have removed these actions to federal court, arguing that the PREP Act preempts plaintiffs’ state law claims and grants facilities immunity from liability for loss related to qualified actions taken during a public health emergency. This Comment rejects facilities’ push for preemption …
The Right To Personality: Navigating The Brave New World Of Personality-Altering Interventions,
2023
University of Connecticut
The Right To Personality: Navigating The Brave New World Of Personality-Altering Interventions, Christopher S. Sundby
Connecticut Law Review
As neuroscience progresses, policy makers will have an increasing arsenal of behavior-modifying interventions at their disposal to deploy in the hopes of reducing recidivism and making the criminal justice system more rehabilitative. While these interventions are promising, they also can pose grave risks to individual liberty interests that are insufficiently acknowledged, much less protected, by current jurisprudence. Specifically, the current legal regimes and proposed alternatives either fail to identify the nature of the liberty at stake by overly focusing on physical side effects to the exclusion of thought- and personality-altering side effects, reject completely the potential for these interventions to …
Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act,
2022
Cleveland State University
Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act, Caitlin Grow
Cleveland State Law Review
The Bayh-Dole Act has been imperative to the development of the United States’ dynamic pharma-biotech sector. However, the use of march-in rights under the Bayh- Dole Act has remained controversial. On the one hand, there is the idea of market equilibrium with a need to secure health care for the public. Many believe march-in rights should be used to create this balance by regulating the pricing of drugs that were developed using federally funded research. On the other hand, some advocates recognize that the current relationship between public-sector institutions and business as the developers of basic research, and private-sector biotechnology …
Determinism V. Free Will & Genetic Evidence Of Addiction In Plea Bargaining And Sentence Mitigation: Conversion Of Incarceration To Probation And Rehabilitation Based On Genetic Addiction Risk Severity (Gars) Test,
2022
St. Mary's University
Determinism V. Free Will & Genetic Evidence Of Addiction In Plea Bargaining And Sentence Mitigation: Conversion Of Incarceration To Probation And Rehabilitation Based On Genetic Addiction Risk Severity (Gars) Test, Kenneth Blum, Paul Mullen, Richard Green
St. Mary's Law Journal
In this Article, Dr. Kenneth Blum and his team present the case of a presently abstinent, thirty-five year old alcoholic (“AG”) who has several convictions for DWI. AG has undergone and continues to be engaged in out-patient substance abuse treatment. He entered treatment before adjudication and was mandated by the court to continue treatment to assist in maintaining sobriety. Treatment included the administration of the Genetic Addiction Risk Severity (“GARS”) Test.
AG was facing a probable five-year sentence for his fifth DWI conviction in Bexar County, Texas. However, because AG’s genetic risk results indicated a genetically induced dopamine dysfunction, hypodopaminergia, …
Striking Down Physician-Only Laws: A Necessary And Constitutionally Required Answer To The United States’ Critical Abortion Provider Shortage,
2022
University of California, Irvine School of Law
Striking Down Physician-Only Laws: A Necessary And Constitutionally Required Answer To The United States’ Critical Abortion Provider Shortage, Eva Nofri
UC Irvine Law Review
In 2020, women in South Dakota were deprived of an abortion provider in their state for seven months because the pandemic prevented out-of-state physicians from traveling. And as of late 2021, multiple states had only one abortion provider: if just one physician left, entire states or regions would be cut off from abortion access. The dearth of abortion care is not just caused by the pandemic or the escalating state-imposed restrictions on clinics that force them to close: it is the fact that laws in thirty-six states limiting the provision of abortion to physicians exclude an entire group of practitioners …
Stem Cell Therapy Under Uae Law: A Comparative Study In Islamic Jurisprudence,
2022
PhD Researcher in Private Law, University of Sharjah - United Arab Emirates
Stem Cell Therapy Under Uae Law: A Comparative Study In Islamic Jurisprudence, Iman Alyihyai Ms.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The study is concerned with the subject of stem cell therapy in UAE law compared to Islamic jurisprudence, and this topic is an important subject at the present time because it means medical technology and a modern treatment method of interest in the United Arab Emirates in both the public and private health sector.
However, in spite of this, we note the absence of legislative texts governing this type of treatment, which should shed light on the legitimacy and controls of stem cell treatment in the country, through research in general rules contained in the law as well as special …
Provisions On The Concealment Of Esthetic Imperfections, Through Therapeutic Or Cosmetic Interventions, From The Fiancé: Islamic Jurisdictive Study From A Medical Perspective,
2022
Assistant Professor – Islamic Jurisprudence (Fiqh) and its Sources Specialization, College of Law, Ajman University
Provisions On The Concealment Of Esthetic Imperfections, Through Therapeutic Or Cosmetic Interventions, From The Fiancé: Islamic Jurisdictive Study From A Medical Perspective, Asma Salmeen Al-Aryani Dr., Nihal Abdullah Ahmed Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The aim of this research is to explain the provisions of jurisprudence of hiding some unapparent defects or imperfections by the fiancée from her future husband through either therapeutic or cosmetic procedures.
The treatment may be a cure of a congenital disease that may affect the marriage, offspring or both, or it may not affect any of them. Treatment may also be the cure of an imbalance that affects the human and caused by himself or others. This imbalance may have impact on marital life, offspring, both of them or it may not have an effect on either of them. …
Privacy Of Patients’ Medical Data Under The Corona Pandemic: A Comparative Study,
2022
Vice President (judge) at the State Council of the Arab Republic of Egypt International Lecturer
Privacy Of Patients’ Medical Data Under The Corona Pandemic: A Comparative Study, Judge Dr. Samir Hosny El-Masry
UAEU Law Journal
United Nations Declaration of Human Rights (UDHR) 1948, Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” International Covenant on Civil and Political Rights (ICCPR) 1966, Article 17: “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honor or reputation. 2. Everyone has the right to the protection of the law against such interference …
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study,
2022
Associate Professor College of Law - University of Sharjah- UAE
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
UAEU Law Journal
Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study,
2022
Associate Professor College of Law - University of Sharjah- UAE
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …
The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study,
2022
Vanderbilt University Law School
The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study, Ellen W. Clayton, Congning Ni, Et Al.
Vanderbilt Law School Faculty Publications
In November 2018, a Chinese researcher reported that his team had applied clustered regularly interspaced palindromic repeats or associated protein 9 to delete the gene C-C chemokine receptor type 5 from embryos and claimed that the 2 newborns would have lifetime immunity from HIV infection, an event referred to as #GeneEditedBabies on social media platforms. Although this event stirred a worldwide debate on ethical and legal issues regarding clinical trials with embryonic gene sequences, the focus has mainly been on academics and professionals. However, how the public, especially stratified by geographic region and culture, reacted to these issues is not …
The Wages Of Crying Life: What States Must Do To Protect Children After The Fall Of Roe,
2022
Pepperdine University
The Wages Of Crying Life: What States Must Do To Protect Children After The Fall Of Roe, Leah A. Plunkett, Michael S. Lewis
Pepperdine Law Review
In the post-Roe world, can a state rationally claim that the value of human life justifies the imposition of abortion bans but does not demand that a state protect the vulnerable young who are “born human beings”—commonly called “minors” or “children”—and are entitled to protection under a state’s laws? This essay advances the claim that it cannot. This essay asks that those who say they are “Pro-life” in politics and law demonstrate that they protect vulnerable life beyond the abortion context, and that they do so in the most minimal fashion: through a demonstrated commitment to protecting the basic welfare …
A Delicate Balance: Rethinking The Physician’S Role In Physician Aid-In-Dying,
2022
University of California, Irvine School of Law
A Delicate Balance: Rethinking The Physician’S Role In Physician Aid-In-Dying, Jaclyn Warwick
UC Irvine Law Review
This Note considers the current framework of states’ death with dignity laws and analyzes physicians’ views of the legal standards to determine whether the current procedures in death with dignity states adequately protect the patient’s interests. Aid in Dying (AID) legislation attempts to balance individual privacy interests with state interests: obtaining an ideal balance is the state legislature’s goal and is the topic of much advocacy. This Note examines the current laws from a medical perspective and considers how physicians, as the ones implementing the laws, view their role and the legislative safeguards.
Part I reviews the history of AID …
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine,
2022
University of Maine School of Law
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
Maine Law Review
When someone presents to an emergency room with a mental illness manifesting in danger to themselves or others, they can be admitted against their will on an emergency basis to inpatient mental health care through a process colloquially known as a Blue Paper application. However, when an inpatient bed is not immediately available, patients are “boarded” against their will in emergency rooms with little to no therapeutic care, sometimes for several weeks at a time before they are transferred to inpatient care, or their condition stabilizes enough for them to be discharged into the community. In February 2020, a man …
Criminal, Legal, And Ethical Kidney Donation And Transplantation: A Conceptual Framework To Enable Innovation,
2022
Stanford University
Criminal, Legal, And Ethical Kidney Donation And Transplantation: A Conceptual Framework To Enable Innovation, Alvin E Roth, Ignazio R Marino, Kimberly D Krawiec, Michael A Rees
Department of Surgery Faculty Papers
No abstract provided.
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers,
2022
The Catholic University of America, Columbus School of Law
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers, Jennifer Bard
Catholic University Law Review
When the history of the first year of the United States Government’s response to the COVID-19 virus is written, there is likely to be mention of the still unexplained vehemence with which then president Donald J. Trump made use of his access to social media to promote seldom used anti-malaria drug, hydroxychloroquine, for both the prevention and treatment of COVID-19 despite the active growing opposition of most of the world’s scientists, including his own government scientists. While the use of drugs developed and approved by the FDA for different purposes to combat new diseases, off-label prescribing, is legal in the …
Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights,
2022
Weill Cornell Medical College
Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights, Zachary E. Shapiro, Allison Rabkin Golden, Gregory E. Antill, Katherine Fang, Chaarushena Deb, Elizabeth Clarke, Alexis Kallen, Hanya M. Qureshi, Kai Shulman, Caroline V. Lawrence, Laura C. Hoffman, Megan S. Wright, Joseph J. Fins
Boston College Law Review
The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with serious brain injuries, this Article aims to provide insight into the shortcomings of the ADA, specifically focusing on lackluster enforcement of the legislation and its failure to incorporate promising new technologies. These limitations of the ADA are made even more clear in light of the evolution occurring in the understanding of rights and capabilities. As such, the …
Madeira Serves As Legal Commentator In Netflix’S “Our Father”,
2022
Maurer School of Law - Indiana University
Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America,
2022
University of Cincinnati College of Law
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte
University of Cincinnati Law Review
No abstract provided.