Digital Commons Network^™

Professional Power And The Standard Of Care In Medicine, Maxwell J. Mehlman

Faculty Publications

Since before the founding of the Republic, American medicine has been fighting a war to control the standard of care that physicians are expected to provide to their patients. It has waged battles on two fronts: against internal disagreements within the profession over what constitutes proper care, and against attempts to delineate the standard of care by forces outside the profession, such as private health insurers, the government, and the judicial system.

A Tough Pill To Swallow: Whether The Patient Protection And Affordable Care Act Obligates Catholic Organizations To Cover Their Employees' Prescription Contraceptives, Destyn D. Stallings

Tulsa Law Review

No abstract provided.

Teaching Medical Students How To Reconcile Law And Ethics In Practice: A Faculty Development Model, Marshall B. Kapp, Dennis Baker, Gregory Turner

Annals of Health Law and Life Sciences

No abstract provided.

Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin

Laws and Legislation Collection

As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …

The Affordable Care Act And Health Promotion: The Role Of Insurance In Defining Responsibility For Health Risks And Costs, Wendy K. Mariner

Duquesne Law Review

No abstract provided.

Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan

Articles

Two recent decisions, one given by the Supreme Court of the United States of America and one of the Irish High Court, address the consequences of overcrowding in prisons. In Brown, Governor of California et at v. Plata et al1 (hereinafter Plata) the US Supreme Court upheld a decision of a three judge federal court requiring the State of California to reduce its prison population to 137.5% of the prison system’s design capacity, requiring the release of up to 46,000 prisoners. The Court agreed that the overcrowding in the Californian prison system had caused the breach of prisoners’ rights under …

Improving Criminal Justice Data And Policy, Mary Rogan

Articles

Criminal justice policy in Ireland is often criticised for lacking a robust evidence base.

Increased knowledge about crime and criminal justice may act to enrich all types of criminological enquiry and policy formation. This paper explores the potential of large population registries, similar to those created in the health sector, to inform criminal justice policymaking. The paper looks at the importance of such data collection for criminal justice research and policy and the potential hurdles to its development.

Implementing The Children's Rights Agenda In Kenya: Taking Stock Of The Progress, Hurdles And Prospects, James Forole Jarso

American University International Law Review

No abstract provided.

Clemency In A Time Of Crisis, Cara H. Drinan

Scholarly Articles

At the state level, the power to pardon or commute a criminal sentence — that is, to grant clemency — is vested in either the Governor, an executive clemency board, or some combination thereof. Until very recently, clemency grants were a consistent feature of our criminal justice system. In the last four decades, though, state clemency grants have declined significantly; in some states, clemency seems to have disappeared altogether. In this Article, I contend that executive clemency should be revived at the state level in response to ongoing systemic criminal justice failings. Part I of this Article describes clemency at …

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Journal of Health Care Law and Policy

No abstract provided.

Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article begins from the premise that successful regulation of environmentally significant individual behaviors could achieve meaningful environmental benefits and argues that (1) technology is increasingly making information about individual environmental behaviors and associated harms more accessible; (2) better information about environmentally significant individual behaviors could substantially enhance fledgling efforts to regulate those behaviors; and (3) use of technology-enabled personal environmental information in support of regulation will require the resolution of myriad privacy concerns. The Article seeks to generate and inform a discussion about the appropriate balance between access to personal environmental information and privacy by identifying how regulation can …

Rethinking The New Public Health, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …

Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.

The Brilliant Career Of Section 7 Of The Charter, Peter W. Hogg

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Section 7 of the Charter of Rights was not intended by the framers to be a provision that authorized extensive judicial review of legislation. The protection of property was deliberately not included in its text in order to reduce its scope — and the potential for judicial review. and the phrase “the principles of fundamental justice” was intended to cover only procedural due process. Contrary to expectations in 1982, over the succeeding 30 years the Supreme Court of Canada has given an expansive interpretation to section 7 and used it to strike down a variety of laws, including the criminalization …

The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly

University of Baltimore Law Review

No abstract provided.

Research Week 2012, Linda Gardiner

Office of Research Institutional Research and Scholarship

No abstract provided.

All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg

Faculty Publications

The concept of informed consent is well established in the field of bioethics, but its application is unclear in the area of public health. The increasing prevalence of public health interventions creates a need to analyze the scope of government power as it relates to individual choice. This Article explores three different types of public health measures in which individual choice has been limited: (1) environmental interventions; (2) classic public health interventions to prevent contagious disease; and (3) public health information reporting or use. The reasons for limiting informed consent vary depending on the context, and the implications for the …

Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski

Faculty Publications

The ongoing transition from paper medical files to electronic health records will provide unprecedented amounts of data for biomedical research, with the potential to catalyze significant advances in medical knowledge. But this potential can be fully realized only if the data available to researchers is representative of the patient population as a whole. Thus, allowing individual patients to exclude their health information, in keeping with traditional notions of informed consent, may compromise the research enterprise and the medical benefits it produces.

This Article analyzes the tension between realizing societal benefits from medical research and granting individual preferences for privacy. It …

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Faculty Publications

The school nurse cannot give your teenage daughter an aspirin for her headache without your permission, but that same daughter can get an abortion without even informing you. Or can she? The obligations on medical personnel providing care to adolescents are famously indeterminate.

Two common-law presumptions have long lurked in the background, but, far from elucidating matters, those presumptions have contributed to the state of confusion. The first presumption is that, absent any special rule, children lack the legal authority to consent to medical treatment on their own. A parallel and corresponding presumption is that parents have a legal entitlement …

Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow

Northwestern Journal of Law & Social Policy

This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …

Horse Racing Regulatory Reform Through Constructive Engagement By Industry Stakeholders With State Regulators, Alexander M. Waldrop, Karl M. Nobert, John W. Polonis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Public Health Vs. Privacy: Rebalancing The Government Interest In Involuntary Partner-Notification Following Advancements In Hiv Treatment, Leah H. Wissow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Autonomous Motherhood And The Law: Exploring The Narratives Of Canada’S Single Mothers By Choice, Fiona Kelly

Canadian Journal of Family Law

In the past three decades, single mothers by choice (SMCs) have emerged as a new and rapidly growing component of Canada's single mother population. SMCs are women who choose to have a child, usually via some form of assisted conception, with the intention that they be their child's sole parent. While SMCs are part of an increasing number of non-normative family configurations in Canada, they pose some unique social and legal questions. However, unlike some other non-normative families, such as lesbian and gay families, SMCs have received very little academic attention and almost none pertaining to the role of law …

How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Anonymously Provided Sperm And The Constitution, Mary P. Byrn, Rebecca Ireland

Faculty Scholarship

Obtaining sperm to use in Assisted Reproductive Technology (ART) is relatively simple. Hospitals, clinics, and sperm banks throughout the United States are in the business of selling sperm from literally thousands of men. Once a man is approved to provide sperm, he contracts with the sperm bank to supply sperm for a specified period of time and designates himself as either an anonymous or open-identity sperm provider. When a man chooses to provide his sperm anonymously, both the sperm provider and intended parents agree to complete anonymity – that is, the sperm provider can never know the parents or any …

Sexually Transmitted Diseases: A Courtroom Epidemic, James B. Damiano

Student Works

No abstract provided.

Disease-Branding And Drug-Mongering: Could Pharmaceutical Industry Promotional Practices Result In Tort Liability?, Jason S. Cetel

Student Works

No abstract provided.

Never Say Never: "Never Events" In Medicare, John Crist

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Study Guide For United In Anger: A History Of Act Up, Matt Brim

Open Educational Resources

The United in Anger Study Guide facilitates classroom and activist engagement with Jim Hubbard’s 2012 documentary, United in Anger: A History of ACT UP. The Study Guide contains discussion sections, projects and exercises, and resources for further research about the activism of the New York chapter of ACT UP (AIDS Coalition to Unleash Power). The Study Guide is a free, interactive, multimedia resource for understanding the legacy of ACT UP, the film’s role in preserving that legacy, and its meaning for viewers' lives.