Digital Commons Network^™

It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett

Seattle University Law Review Online

The Centers for Disease Control and Prevention (CDC) estimates approximately 476,000 people are diagnosed with Lyme disease in the United States each year. While many will recover with a short course of antibiotics, up to 35% will suffer from persistent symptoms after initial treatment. Despite scientific evidence showing the infection can persist long after initial treatment, most insurance companies restrict access to treatment beyond twenty-eight days, leaving patients to bear much of the financial burden. To limit crippling out-of-pocket expenses, Congress must enact legislation mandating coverage for the treatment of clinically diagnosed Lyme disease and co-infections based on the International …

No Girl Left Behind: Girls Courts As A Restorative Justice Approach To Healing, Tiffany Williams Brewer, H. Mitchell Caldwell

Seton Hall Law Review

No abstract provided.

The Opioid Crisis: The Battle For Overdose Prevention Sites In Illinois, Haley Arnieri

DePaul Journal of Health Care Law

Opioid overdose deaths have been steadily increasing over the past thirty years. Since 1999, more than 841,000 people have died in the United States from a drug overdose. In 2018, two out of three drug overdose deaths were from opioids. Like the rest of the country, Illinois was not able to escape this public health crisis. Opioid overdoses are the leading cause of injury-related death in the United States, but these deaths are preventable with the right resources. Some jurisdictions have started to look at new solutions to this public health crisis such as supervised injection site.

This Article discusses …

The Us Supreme Court’S Rulings On Large Business And Health Care Worker Vaccine Mandates: Ramifications For The Covid-19 Response And The Future Of Federal Public Health Protection, Lawrence O. Gostin, Wendy E. Parmet, Sara Rosenbaum

Georgetown Law Faculty Publications and Other Works

On January 13, 2022, the Supreme Court issued 2 landmark rulings on the federal government’s power to mandate COVID-19 vaccinations. The Court curtailed the government’s ability to respond to the pandemic and may have also severely limited the authority of federal agencies to issue health and safety regulations.

In National Federation of Independent Business v Department of Labor, the Court blocked an Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring vaccination, subject to religious or disability accommodations, or weekly testing and masking in businesses with 100 or more employees. In Biden v Missouri, the Court …

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Florida Law Review

No abstract provided.

Not So Private, Stacey A. Tovino

Duke Law Journal

Federal and state laws have long attempted to strike a balance between protecting patient privacy and health information confidentiality on the one hand and supporting important uses and disclosures of health information on the other. To this end, many health laws restrict the use and disclosure of identifiable health data but support the use and disclosure of de-identified data. The goal of health data de-identification is to prevent or minimize informational injuries to identifiable data subjects while allowing the production of aggregate statistics that can be used for biomedical and behavioral research, public health initiatives, informed health care decision making, …

Colonial Fault Lines: First Nations Autonomy And Indigenous Lands In The Time Of Covid-19, Alexandra Flynn, Signa Daum Shanks

All Faculty Publications

The COVID-19 crisis has exposed the political and economic fault lines in the exercise of power across multiple jurisdictions. This article focuses on the power of First Nations to make enforceable decisions in respect to reserve lands, specifically the powers First Nations have to enforce public health restrictions during the pandemic. We argue that Canadian law both enables First Nations to assert decisionmaking in respect to their lands, and undermines Indigenous authority in relation to enforcement and intergovernmental status. This paper is part of the SPE Theme on the Political Economy of COVID-19.

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …

Race, Public Health, And The Epidemic Of Incarceration, Thalia González, Emma Kaeser

Nebraska Law Bulletin (Selected Issues)

COVID-19 is one of the greatest health crises of our time. While increased attention on the adverse individual and population-level effects of the pandemic for incarcerated people has motivated reforms and stimulated scholarly attention on carceral policies as health policies, this is only a first step. In this moment of heightened public consciousness around racism and health across all our public systems, this essay highlights the need for broader, health-justice-centered approaches to mass incarceration along the entire continuum. As new legal reforms emerge in this moment, we challenge the public health law community to work alongside racial justice, economic justice, …

The First 2 Years Of Covid-19: Lessons To Improve Preparedness For The Next Pandemic, Jennifer B. Nuzzo, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On December 31, 2019, the World Health Organization (WHO) Country Office in China reported novel “viral pneumonias of unknown cause” in Wuhan, but China did not confirm case clusters until January 3, 2020. Two years later, more than 285 million cases and 5.4 million deaths have been reported. As of December 2021, more than 800 000 COVID-19 deaths have occurred in the US, surpassing the 675 446 total deaths that occurred during the great influenza pandemic of 1918. The COVID-19 pandemic reduced global economic growth by an estimated 3.2% in 2020, with trade declining by 5.3%; an estimated 75 million …

Covid-19, Workplace Mental Health, And The Ada "Regarded As" Prong: A Hypothetical Case Study, Matthew Saleh, Jacquelyn Thomas, Susanne Bruyere, Hannah Potter, Sarah Jane Smith

Nova Law Review

No abstract provided.

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health, Paul Mclaughlin

Scholarly Works

This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …

Advancing Harm Reduction Services In The United States: The Untapped Role Of The Americans With Disabilities Act, Valarie K. Blake, Abigail Fletes, Maria Katherine Delos Reyes, John C. Messinger, Leo Beletsky

Scholarly Works

Now in its third decade, the overdose crisis continues to worsen. Harm reduction strategies, such as syringe service programs (SSPs), are proven, cost-effective responses to this ongoing public health emergency. Despite extensive research demonstrating that the health and social benefits of harm reduction services far outweigh alleged negative externalities, the number and scope of these programs continue to be severely limited. Restrictive zoning and other discriminatory legal measures figure among key barriers to harm reduction service access. The Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) have recently gained prominence in challenging discrimination against people who seek substance use …

Food And Drug Regulation: Statutory And Regulatory Supplement (2022 ), Adam I. Muchmore

Books

This Statutory and Regulatory Supplement is intended for use with its companion casebook, Food and Drug Regulation: A Statutory Approach (2021). This is not a traditional statutory supplement. Instead, it contains selected, aggressively edited provisions of the Federal Food, Drug and Cosmetic Act (FFDCA), related statutes, and the Code of Federal Regulations. The Supplement includes all provisions assigned as reading in the casebook, as well as a few additional provisions that some professors may wish to cover. The excerpts are designed to be teachable rather than comprehensive.

Rethinking Constitutionally Impermissible Punishment, Nadia Banteka

Scholarly Publications

Prisons and jails endanger the health and wellbeing of incarcerated individuals and their communities. These facilities are often overcrowded and unsanitary,1 with limited access to medical care, 2 and no basic sanitation and personal hygiene products unless a person can pay the spiked prices of the jail's commissary.3 Public health emergencies compound these dangers. Most recently, the spread of the COVID-19 pandemic created a crisis for people in detention, their families, and the communities surrounding jails and prisons. For over a year, there were no vaccines against COVID-19, new strains of the virus continue to evade vaccine-induced immunity, and there …

Foreword, Meera V. Patel

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Welcome To The Digital Age: Reinventing Contact Tracing And The Public Health Service Act For A Modern Pandemic Response, Michael L. Cederblom

Annals of Health Law and Life Sciences

No abstract provided.

Pandemic Response Through Whole Person Care: The Intersection Of Physical And Mental Health And The Law, Jennifer Kinsley Smith, Esq., Elizabeth J. Lattner, Ma, Allison Kreiner, Md, Edward J. Kilbane, Md, Ma, Keyvan Ravakhah, Md, Mba

Annals of Health Law and Life Sciences

No abstract provided.

Vaccine Apartheid: A Human Rights Analysis Of Covid-19 Vaccine Inequity, Sarah Joseph, Gregory Dore

Florida State University Journal of Transnational Law & Policy

In this paper, we analyse the inequity in current global vaccine distribution through the lens of international human rights law. First, we introduce the currently available COVID-19 vaccines, before discussing causes and consequences of vaccine inequity, as well as efforts to expand global vaccine access. We then turn to explain the relevant obligations of states regarding human rights to health, life, and equitable access to the benefits of technology. In light of those obligations, we assess the human rights compatibility of vaccine procurement and vaccine aid. After a discussion of the possible human rights responsibilities of the pharmaceutical companies that …

On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 46, Issue 3

Nova Law Review

No abstract provided.

"Thank You For Your Sacrifice": Off-Label Drug Regulation Strategies After The Misuse Of Hydroxychloroquine For Covid-19, Erin Mccluan

Duquesne Law Review

In March 2020, BuzzFeed News reported that a 45-year-old patient with systemic lupus erythematosus ("SLE") was denied her long-standing hydroxychloroquine ("HCQ") prescription due to the COVID-19 pandemic.¹ Her healthcare network, Kaiser Permanente, informed her that this was necessary to "conserve[] the current supply for those who are critically ill with COVID-19."² Disturbingly, Kaiser wrote to the patient, "Thank you for the sacrifice you will be making for the sake of those that are critically ill; your sacrifice may actually save lives." ³

The patient, Dale, who asked only to be identified by her first name, told BuzzFeed News, …

Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age, Elizabeth Wrigley-Field, Kaitlyn M. Berry, Govind C. Persad

Sturm College of Law: Faculty Scholarship

The authors provide the first age-standardized race/ethnicity-specific, state-specific vaccination rates for the United States. Data encompass all states reporting race/ethnicity-specific vaccinations and reflect vaccinations through mid-October 2021, just before eligibility expanded below age 12. Using indirect age standardization, the authors compare racial/ethnic state vaccination rates with national rates. The results show that white and Black state median vaccination rates are, respectively, 89 percent and 76 percent of what would be predicted on the basis of age; Hispanic and Native rates are almost identical to what would be predicted; and Asian American/Pacific Islander rates are 110 percent of what would be …

Dose Optimisation And Scarce Resource Allocation: Two Sides Of The Same Coin, Garth Strohbehn, Govind C. Persad, William F. Parker, Srinivas Murthy

Sturm College of Law: Faculty Scholarship

Objective: A deep understanding of the relationship between a scarce drug's dose and clinical response is necessary to appropriately distribute a supply-constrained drug along these lines.

Summary of key data: The vast majority of drug development and repurposing during the COVID-19 pandemic – an event that has made clear the ever-present scarcity in health care systems –has been ignorant of scarcity and dose optimisation's ability to help address it.

Conclusions: Future pandemic clinical trials systems should obtain dose optimisation data, as these appear necessary to enable appropriate scarce resource allocation according to societal values.

Using Theraputic Jurisprudence To Improve Nursing Home Regulation During Future Pandemics, Kathy L. Cerminara, Alina M. Perez, Alexandra Kirby

Nova Law Review

No abstract provided.

Resistance And Resilience: Antibiotic Tracking To Thwart Antimicrobial Resistance, Jordan M. Fisher

Journal of Health Care Law and Policy

No abstract provided.

Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto

American University International Law Review

Countering terrorism has been a priority agenda point for the international community, especially after the September 11th attacks. As the International Committee of the Red Cross (ICRC) points out, “States have had to confront a threat emanating from individuals and non-State armed groups [(NSAGs)] that resort to acts of terrorism. In response, States and international organizations have developed increasingly robust counterterrorism measures.”

The Pitfalls Of Judicial Activism During Covid-19: An Analysis Of Wisconsin Legislature V. Palm, 55 Uic L. Rev. 94 (2022), Courtney Krznarich

UIC Law Review

No abstract provided.

Family: The Heart Of The Covid-19 Home, 56 Uic L. Rev. 115 (2022), Mackenzie Prince

UIC Law Review

No abstract provided.