Digital Commons Network^™

Authority To Improve Or Harm Health: The Public Health Front In A Decades-Long Battle Over Governmental Powers, Sabrina Adler, Sara Bartel, Heather Wong

Saint Louis University Journal of Health Law & Policy

Backlash to local, state, and federal responses to combat COVID-19 has resulted in a small but vocal cohort of legislatures and courts trying to change long-settled and foundational principles of public health decision-making. They have shifted authority away from experts and local decision-makers, limiting emergency response in ways that also impact day-to-day public health efforts. Considering some examples of other recent preemption efforts, it is clear that COVID-era backlash is part of a longer-term deregulatory agenda, often framed as an effort to keep “big government” out of people’s lives and to preserve individual freedoms. However, the impact of such deregulation …

The Model Public-Health Emergency Authority Act, Robert Gatter

Saint Louis University Journal of Health Law & Policy

The Uniform Law Commission recently approved the Model Public-Health Emergency Authority Act (MPHEAA or the Act or the Model Act). The MPHEAA grants governors specific and plenary powers to issue public health emergency orders while also ensuring executive branch transparency and accountability. The Act improves public health emergency preparedness by resecuring the legal foundation for states to respond effectively to future emergencies. However, more work is needed to enhance data collection and support vulnerable populations in emergencies.

This Article discusses the origins of the MPHEAA, key policy and drafting choices the Drafting Committee made in creating the MPHEAA, and the …

Doing More With Less: State Public Health Emergency Powers Post-Pandemic, Kelly J. Deere

Saint Louis University Journal of Health Law & Policy

Three years after COVID-19 arrived in the United States, many governors and public health officials are equipped with fewer—not more—public health emergency powers than at the start of the pandemic. This may seem counterintuitive, considering that this virus has killed more than 1.1 million Americans and counting. While public health emergency powers were stripped on the federal, state, and local level, this loss is most acutely felt at the state executive level. Some state legislatures passed laws banning state and local governments from implementing a mask or vaccine mandate, while others amended their state emergency disaster statutes to limit the …

What Is A Public Health Lawyer Today? Acting For, Against, And Beyond Public Health, Scott Burris

Saint Louis University Journal of Health Law & Policy

Health in America is not looking good. Unique among countries in the Organization for Economic Co-operation and Development, the basic measure of national health—life expectancy—was declining even before COVID-19. Public health, both as a system of institutions and as a profession working to promote longer and healthier lives, is also struggling. The normal insularity of the field’s professional culture—including a lack of legal competency—helped undermine the response to COVID-19, which was dismal by any measure. At this difficult time, this Article considers three different ways public health lawyers can make a contribution to public health as a goal and as …

The Supreme Court’S 2022-23 Access To Court Decisions, Sarah Somers, Abigail Coursolle, Sarah L. Grusin, Jane Perkins

Saint Louis University Journal of Health Law & Policy

The Supreme Court’s 2022–23 Term yielded significant decisions bringing about goals long-sought by conservatives. This debut Term for the first Black woman Justice also included some results welcomed by progressives, including decisions on voting rights, Native American sovereignty, and individual enforcement of Spending Clause enactments. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on those affecting access for low-income and marginalized litigants. We also look ahead to what the 2023–24 Term may bring for those seeking access to the courts.

The Future Of Jacobson V. Massachusetts And Modern Substantive Due Process For Public Health Preparedness, Helen S. Webster

Saint Louis University Journal of Health Law & Policy

Both the threat of public exposure to Ebola in the United States in 2014 and the COVID-19 pandemic beginning in 2020 prompted states to impose quarantine and mask mandates, among other responses, to protect the public’s health. When these state actions were eventually challenged on substantive due process grounds in courts across the nation, judges struggled to determine which legal test applied when reviewing the constitutionality of the state actions. On one hand, courts considered the precedent set forth in Jacobson v. Massachusetts, a 1905 Supreme Court case that upheld a Massachusetts vaccine mandate as a valid exercise of …

“The People” Getting Sick Of Orders: Legislative Vetoes And Checks And Balances, José Manuel Sandoval Jr.

Saint Louis University Journal of Health Law & Policy

During the COVID-19 pandemic, state legislators rushed to amend their public health emergency statutes or state’s constitution to alter the balance of power between the executive and legislative branches during public health emergencies. The power to exercise an unconditional and unilateral legislative veto of a governor’s declaration of public health emergency is among one of the most forceful of these pandemic-era amendments. The Pennsylvania legislature attempted to exercise this kind of power in June 2020 to prematurely terminate the governor’s declaration of public health emergency, which was challenged in Wolf v. Scarnati. While the Supreme Court of Pennsylvania held that …

Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs, Nicole Huberfeld, Linda C. Mcclain, Aziza Ahmed

Saint Louis University Journal of Health Law & Policy

This Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs’ overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to “the people”—and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well as relevant …

Teaching Dobbs As A Contemporary Case Study Of Federalism In Action And An Introduction To The Cross-Disciplinary Nature Of The Law, Antonia A.B. Miceli

Saint Louis University Journal of Health Law & Policy

With its decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court ended the constitutional right to an abortion, overturning Roe v. Wade and Planned Parenthood v. Casey, and returned the issue of legal access to an abortion to the states. Prior to Dobbs, reproductive rights and the right to an abortion were firmly situated within the substantive due process and fundamental rights coverage of law school constitutional law courses. But this coverage often falls late in, or completely outside the scope of, the required constitutional law curriculum at U.S. law schools. This Article offers the …

The Shifting Landscape Of Substantive Due Process: Could Dobbs Pose A Threat To Contraceptive Rights?, Madeline C. Tatro

Saint Louis University Journal of Health Law & Policy

Nearly two years ago, the Supreme Court issued its infamous decision in Dobbs v. Jackson Women’s Health Organization, a challenge to one of the then-most restrictive abortion bans in the country. In a stunning—yet not entirely surprising—6-3 decision, the Court held that the Fourteenth Amendment’s Due Process Clause does not protect abortion as a fundamental right and returned the power to regulate abortion to the states. Of course, legal questions abound as to the future of reproductive care in the United States following this infamous decision, and Justice Thomas’ concurring opinion raises one of the largest-looming concerns. In that …

Emtala Preemption Of State Laws Restricting Emergency Abortions, Rachel N. Reeder

Saint Louis University Journal of Health Law & Policy

The Emergency Medical Treatment and Labor Act (EMTALA) was established to restrict hospitals from refusing to treat or transferring patients with an unstable emergency medical condition. While intended to protect vulnerable groups from discrimination, the duty EMTALA imposes on hospitals also applies when a pregnant patient presents to a participating emergency room experiencing an emergency medical condition where the standard of care is pregnancy termination. Since Dobbs v. Jackson Women’s Health Organization, states have enacted laws prohibiting abortions, many with no exception or exceptions too narrow for stabilizing a pregnant patient’s emergency medical condition as required by EMTALA. This …

Divine Law Or Constitutional Flaw: The Clash Of Religious Belief And Legal Neutrality In Missouri’S Abortion Ban, Caela M. Camazine

Saint Louis University Journal of Health Law & Policy

This Note explores the constitutional implications of Missouri’s recent abortion ban enacted in the wake of the Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade and Planned Parenthood v. Casey. This Note examines the clash of religious beliefs and the law by dissecting the legislative history and intent behind Missouri’s abortion ban. The ban, known as House Bill 126 or the “Missouri Stands for the Unborn Act,” took effect immediately upon certification by State Attorney General Eric Schmitt and prohibits nearly all abortions, except in cases of a narrowly defined “medical emergency.” Notably, the law invokes …

Regulating The Pains Of Racial Discrimination, Alice Abrokwa

Saint Louis University Journal of Health Law & Policy

This essay examines the relationship between experiences of racial discrimination and pain, assessing how social, legal, and regulatory responses to racial pain in the United States can enable further discrimination and compound the underlying pain. The essay articulates a conceptual framework for understanding this relationship, contending that: racial discrimination can contribute to pain severity and sensitivity; patients of color seeking pain relief are subject to heavy social scrutiny, including from their medical providers; social scrutiny and regulatory restriction together limit patients’ lawful avenues for pain relief, including their access to controlled substances that are used to manage pain; patients who …

Desegregating Behavioral Health Care For Medicaid Youth, Caroline M. Marsh, Valarie K. Blake

Saint Louis University Journal of Health Law & Policy

The Supreme Court held in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 581 (1999) that it is a violation of the Americans with Disabilities Act (ADA) for states to rely on institutionalized care when home and community-based care is more appropriate. Yet, over a quarter of a century later, states persist in institutionalizing youth experiencing behavioral health disabilities. This article explores Olmstead’s impact thus far on deinstitutionalization of youth behavioral health care, and the limits of Olmstead as a vehicle for lasting change. We argue that, although recent enforcement actions reflect critical change, Olmstead enforcements alone cannot succeed …

The Supreme Court’S Access To Court Decisions In 2023-2024, Jane Perkins, Amanda Avery, Arielle Linsey, Sarah Somers

Saint Louis University Journal of Health Law & Policy

The Supreme Court’s 2023–24 Term produced a number of controversial decisions, affecting everything from where unhoused people can sleep to the president’s absolute immunity. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on a trio of decisions that curtail the power of administrative agencies. Also highlighted are decisions that address jurisdiction, standing and mootness, sovereign immunity, statutory construction, due process, and equal protection. We close with a brief preview of cases before the Court during the 2024–2025 Term.

Health Care Transactions And The 2023 Merger Guidelines: Shift To Substantial Lessening Principle, Nadia C. Hundley

Saint Louis University Journal of Health Law & Policy

In response to growing concerns regarding consolidation in the healthcare industry and the limitations of the consumer welfare standard focus, the Biden Administration’s repeal of healthcare-specific guidance and the introduction of the 2023 Merger Guidelines mark an important shift in antitrust enforcement. Departing from the 2010 Horizontal Merger Guidelines, the new framework centers on the “substantial lessening” principle grounded in the text of Section 7 of the Clayton Act. The goal––to empower regulators to scrutinize mergers that may harm the competitive process beyond cases that clearly raise prices for consumers. This Note discusses the legal implications of this shift, particularly …

From Crisis To Controversy: Examining The Legality Of Overdose Prevention Centers In New York And Beyond, Hallie R. Schechter

Saint Louis University Journal of Health Law & Policy

The opioid overdose epidemic in the United States has prompted the implementation of Overdose Prevention Centers [OPCs] as a harm reduction strategy, despite uncertain legality under federal law and conflicting statutory interpretations. These OPCs face imminent legal challenges, primarily due to the application of the federal “Crack House Statute,” which criminalizes maintaining a drug-involved premises. If unresolved, these legal uncertainties could lead to the prosecution and closure of OPCs, exacerbating the epidemic. To secure the future of OPCs, independent judicial interpretation of the Crack House Statue by certain circuits or legislative action amending the Crack House Statute to authorize OPCs …

Walking A Tightrope: The Future Of Controlled Substance Prescriptions Via Telehealth, Michaela K. Ellison

Saint Louis University Journal of Health Law & Policy

The COVID-19 Public Health Emergency (COVID-19 PHE) spurred changes in healthcare delivery, greatly increasing telemedicine utilization and resulting in temporary exceptions to the Ryan Haight Act (RHA). These exceptions allowed limited prescriptions of controlled substances through telemedicine without a prior in-person patient evaluation. Research indicates that these relaxed prescribing standards did not lead to an increase in overdose related deaths, specifically with respect to drugs like buprenorphine administered in opioid use disorder (OUD) treatment, instead improving access and retention outcomes. However, in anticipation of the COVID-19 PHE’s end, in 2023 the Drug Enforcement Administration (DEA) released notices of proposed rulemakings …

Using The Book Of Mormon Art Catalog, Kenneth L. Alford

Religious Educator: Perspectives on the Restored Gospel

The Book of Mormon Art Catalog (https://bookofmormonartcatalog.org) is an online repository for thousands of images pertaining to the Book of Mormon. The purpose of this article is to help readers learn to use the Book of Mormon Art Catalog website quickly and efficiently. It discusses how the website is organized, lists supplementary videos and resources that are available (at no charge), and explains the many search filters that are available to help users narrow their search queries. Users may search by scripture reference, topic, artist, date of creation, country of origin, artistic style or technique, art medium, and many other …

Joseph Of Egypt As A Model Of Gospel Living, Khumbulani D. Mdletshe

Religious Educator: Perspectives on the Restored Gospel

In Genesis 37–50, the narrative of Joseph of Egypt offers instructive lessons on the blessings that flow from persevering through trials while honoring covenant commitments with God. Joseph’s capacity to consistently and courageously apply eternal principles when facing abuse, temptation, injustice, and other challenges not only led to his personal success but also proved critical for those whom he served as a slave and prisoner and, once he was elevated to great power in Egypt, for the numerous subjects of Pharaoh’s kingdom during times of famine. This essay identifies and discusses the primary principles that guided Joseph’s efforts to accomplish …

Relational Grace The Reciprocal And Binding Covenant Of Charis, Brent J. Schmidt

Religious Educator: Perspectives on the Restored Gospel

In New Testament times, the concept of grace (Greek charis) was operative in relationships in which a person giving something of value to another could expect the recipient to provide service, thanks, or something else of much lesser value in return. When the Apostle Paul described Jesus Christ’s atoning sacrifice as a gift (charis), his ancient audiences understood that redemptive act as initiating a covenantal bond with expectations of devoted discipleship. Bible translators have never properly conveyed Paul’s message of active, obliging grace, an oversight that some scholars of the New Pauline Perspective are now demonstrating. During the Great Apostasy, …

Accesibilidad Y Usabilidad En La Cartera De Identidad Europea (Eudi Wallet), Anastasiia Konstantinova

Máster en Experiencia de Usuario UX

Los nuevos enfoques de identidad digital en la UE (cuya implementación completa está prevista para 2030) darán a los usuarios pleno control sobre sus propios datos de identidad. A pesar de que a menudo se les denomina el futuro de la gestión de la identidad digital, las Carteras Europeas de Identidad Digital (Carteras IDUE o EUDI Wallet) siguen enfrentándose a una serie de retos, siendo la usabilidad uno de los principales. La mayoría de los proyectos de la Cartera de Identidad Europea (EUDI Wallet) tienen como objetivo una alta seguridad y versatilidad, descuidando a menudo los objetivos igualmente cruciales de …

Student-Teacher Alliance Buffers Against The Impact Of Moderate Math Anxiety On Course Performance Among College Students, Erin N. Palmwood

Psychological Science Articles

Students with math anxiety experience low self-efficacy and high levels of distress when asked to approach math tasks and concepts, which often results in poor course performance. Despite the wealth of research on this construct, relatively little is known about how math anxiety impacts math achievement in college-aged students or what types of classroom-based processes might buffer against this harmful effect. The present study therefore examined the student-teacher alliance as a potential buffer against the detrimental effect of math anxiety on course grades in a sample of non-STEM college students enrolled in a required mathematics course. Students completed questionnaires regarding …

Lobbying As A Means For Expanding The Communication Instructional Base In Higher Education Iii, Craig Newburger, Patricia L. Donat, Sherwyn P. Morreale

Journal of the Association for Communication Administration

Based on several national mandates, this essay examines the support for and importance of active advocacy among our discipline members in framing the conversation about oral communication proficiency, leading instructional design, and assessing student learning on our campuses. Recommended action involves the development and implementation of a coordinated strategy for engaging both institutional accreditors and those charged with the development and modification of individual campus general education requirements regarding the importance of communication scholars and instructors as principal designers of learning goals, subsequent learning activities, and the corresponding assessment of oral communication instruction on college campuses.

Journal Of The Association For Communication Administration: Complete Volume 41

Journal of the Association for Communication Administration

This is the complete volume of JACA Volume 41.

Navigating And Thriving In Leadership: Practical Advice For Elected And Appointed Association Leaders, Tiffany R. Wang

Journal of the Association for Communication Administration

Elected and appointed association leaders face circumstances that can make professional service challenging. This essay offers practical advice for how association leaders can navigate and thrive in leadership roles as they fulfill their duties and responsibilities. Current and past association leaders offer observations and recommendations for success.

The Impact Of Art Therapy On Empathy Development In Thai Adolescents, Baitoey Charoenpitaya

Chulalongkorn University Theses and Dissertations (Chula ETD)

This qualitative research aimed to explore how the embodied mandala method, grounded in the Embodiment–Projection–Role (EPR) framework and the concept of the mandala as a dramatic structure of the mind, can support the development of empathy in Thai adolescents. The study involved ten participants aged 13–15 who engaged in expressive arts activities across six sessions. Data were collected through structured written interviews, reflection notes, and artwork, and analyzed thematically. Two key themes emerged: (1) Emotional Echoes: Knowing Through Feeling (affective empathy), and (2) Beyond Distance: Bridging Self and Other (cognitive and affective empathy). Findings indicated that the embodied mandala method …

Barriers To Smart Irrigation Technologies Adoption In The Thailand Agricultural Sector, Mahroo Aghaabbasi

Chulalongkorn University Theses and Dissertations (Chula ETD)

This study identifies the barriers hindering the adoption of smart irrigation technologies in the Thai agricultural sector. Utilizing three categories: innovation characteristics derived from the Diffusion of Innovation theory, innovation determinants, and the consequences of agricultural digitalization derived from the literature reviews, this research conducts a mixed method, including qualitative and quantitative approaches through surveys of 210 farmers and interviews with 2 non-adopter farmers, 2 adopter farmers, 3 institutional experts, 2 technology providers, and 2 NGO and farmer organization specialists. The quantitative analysis reveals that financial, informational, institutional, and technological barriers, including high installation and maintenance costs, lack of knowledge, …

Interdisciplinary Research Collaboration In Digital History: Impact Of Classification On The Evaluation Of Publications, Papatsara Arsa

Chulalongkorn University Theses and Dissertations (Chula ETD)

The interdisciplinary nature of digital history presents challenges in retrieving and evaluating publications within scholarly communities. This research investigates the impact of classification on the evaluation of digital history research, collaboration patterns, and barriers to interdisciplinary collaboration. The study employs a scoping review of 109 publications from academic online databases and interviews with fifteen experts from eleven countries. Findings reveal that digital history can be identified within the academic landscape through distinct characteristics of scholarly communication, including publication venues, researcher affiliations, natural and controlled vocabularies, information-seeking behaviors, and publication practices. The study employs a pragmatist perspective, analyzing metadata to conceptualize …

ผลกระทบของการดำเนินงานด้านสิ่งแวดล้อม สังคม ธรรมาภิบาล (Esg) ต่อการเจริญเติบโตทางเศรษฐกิจ: กรณีศึกษาในภูมิภาคเอเชีย, ปิย์วราภัสร ภัทรกมลเนตร์

Chulalongkorn University Theses and Dissertations (Chula ETD)

ในปัจจุบันหลายประเทศได้ให้ความสำคัญ และตระหนักถึงผลกระทบจากการดำเนินธุรกิจและกิจกรรมทางเศรษฐกิจที่ส่งผลต่อสิ่งแวดล้อมและสังคมเพิ่มมากขึ้น ซึ่งทำให้เกิดการพัฒนาเพื่อให้เกิดความยั่งยืนในระบบเศรษฐกิจ โดยการศึกษาครั้งนี้มีจุดประสงค์เพื่อศึกษาผลกระทบของการดำเนินงานด้านสิ่งแวดล้อม สังคม หรือธรรมาภิบาล (ESG) ต่อการเติบโตทางเศรษฐกิจในภูมิภาคเอเชียทั้งหมด 26 ประเทศ ในปีพ.ศ. 2543 ถึงปีพ.ศ. 2563 โดยนำข้อมูลทุติยภูมิในมิติแต่ละด้านมาจัดทำเป็นดัชนี ESG ผ่านการวิเคราะห์องค์ประกอบหลัก (Principal Component Analysis) และใช้การประมาณการด้วย System Generalized Method of Moments เพื่อหาผลกระทบของการดำเนินงานด้าน ESG ต่อการเติบโตทางเศรษฐกิจ ซึ่งพบว่าการดำเนินงานด้าน ESG ที่เพิ่มมากขึ้นส่งผลทำให้การเติบโตทางเศรษฐกิจลดลงเล็กน้อยสำหรับประเทศในภูมิภาคเอเชีย และผลกระทบของการดำเนินงานในแต่ละด้านของ ESG ยังส่งผลลบต่อการเติบโตทางเศรษฐกิจเช่นกัน ทั้งนี้ สาเหตุอาจเกิดจากต้นทุนการดำเนินงานที่สูงในช่วงแรกเริ่ม ในขณะที่ผลดีต่อการเจริญเติบโตทางเศรษฐกิจต้องใช้เวลาในการเห็นผล ดังนั้น ผู้ที่รับผิดชอบหรือมีส่วนร่วมในการกำหนดนโยบายควรมีแนวทางความช่วยเหลือทั้งด้านการเงิน และอื่นๆให้แก่ภาคธุรกิจหรือภาคส่วนอื่นๆที่ดำเนินงานด้าน ESG เพื่อช่วยให้สามารถพัฒนาและดำเนินงานตามหลัก ESG ได้อย่างมีประสิทธิภาพ