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Articles 1 - 30 of 408
Full-Text Articles in Law
Empowering The Minority Healthcare Worker Amidst Racial Patient Bias & Covid-19, Rachel Tran
Empowering The Minority Healthcare Worker Amidst Racial Patient Bias & Covid-19, Rachel Tran
Center for Health Law Policy and Bioethics
While the discussion surrounding implicit physician bias has become more prevalent, patient bias is often overlooked. For decades, the United States’ healthcare system has normalized accommodation of patients’ racially biased requests, providing little to no support for minority healthcare workers. This paper presents social, ethical, and legal arguments for the creation of effective patient bias policies while challenging traditional barriers to implementation. It also advances a guideline of recommendations for healthcare institutions, civil rights organizations, and governments to draw from. These recommendations include the right to turn away patients who repeatedly discriminate against healthcare professionals.
Covid-19 Should Not Create A New Class Of Criminals, Alaina Lynch
Covid-19 Should Not Create A New Class Of Criminals, Alaina Lynch
Center for Health Law Policy and Bioethics
This paper offers a critique of the punitive response to COVID-19 in the United States and argues that punitive resources must be redistributed. Specifically, this paper suggests that no criminal charges be brought related to the novel disease transmission because policing and arrests related to COVID-19 exposure crimes are counterproductive. Defunding these punitive efforts and reallocating funds towards virus containment, the spread of factual information about disease transmission, vaccine research, the delivery of resources to communities in need, and support for victims of crimes in alternative ways is a more effective strategy to support public health and safety. To make …
Mail-Voting During Covid-19: Protecting Public Health And Expanding Voting Accessibility, Emily Kawahara
Mail-Voting During Covid-19: Protecting Public Health And Expanding Voting Accessibility, Emily Kawahara
Center for Health Law Policy and Bioethics
The 2020 presidential election will be held during the COVID-19 public health crisis. In response to the COVID-19 situation, there is an immediate need to universalize mail-voting. However, President Donald Trump consistently downplays COVID-19 and asserts that mail- voting causes voter fraud and favors the Democratic Party. This Article examines modifications made in prior elections held during or in the wake of crises. Though these modifications are not applicable for the COVID-19 pandemic, they provide two important distinctions: crisis-specific measures should prioritize protecting public health and, if there is an opportunity to preserve the right to vote through election modification, …
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Center for Health Law Policy and Bioethics
In order to save the lives of inmates, as well as redress some of the harms the prison system and the pandemic have caused them, Congress must pass a bill to temporarily suspend the Prison Litigation Reform Act. As of August 13, 2020, 95,398 inmates have contracted COVID-19. Prisons refuse to adapt or implement measures to save lives. Because of the Prison Litigation Reform Act, it is near impossible for inmates to take their cases to court. The Prison Litigation Reform Act’s requirements include: exhausting all internal administrative remedies before filing in court, not allowing suits based on mental or …
Humanity For Asylum Seekers: How Migrant Protection Protocols And The March 20th Cdc Order Violate The Constitutional Rights Of Asylum Seekers During The Covid-19 Pandemic, Madison Beck
Center for Health Law Policy and Bioethics
In late 2018, the Trump Administration introduced Migrant Protection Protocols (MPP), also known as the Remain in Mexico Policy, to curb illegal immigration. The protocols allow the U.S. to remove immigrants, including asylum seekers, to Mexico while their claims are processed. This is problematic on its own, but even more so during the COVID-19 pandemic; makeshift asylum tent-camps are home to thousands of vulnerable individuals where viral spread would be devastating. Additionally, in March 2020, the Centers for Disease Control and Prevention (CDC) issued an “order suspending introduction of certain persons from countries where a communicable disease exists” further worsening …
The Right To Health In Immigration Detention During The Covid-19 Pandemic: An Examination Of Federal And International Law, Alaina Dye
Center for Health Law Policy and Bioethics
This article examines the United States’ response to the severe impact of the coronavirus (COVID-19) in immigration detention centers and considers the United States’ obligations to the vulnerable population of immigrant detainees. This article argues that the COVID-19 pandemic further demonstrates the United States’ lack of guaranteed health care for immigrant detainees and deportees despite international recognition of the human rights to health and life. The United States violates international law when immigrant detainees’ human rights are disregarded by lack of appropriate access to health care during a global pandemic. This article recognizes that discrimination against immigrants under the Trump …
Not Everyone Is Safer At Home: The Harsh Reality That Many Domestic Violence Victims Face In Light Of Covid-19 “Stay At Home” Orders, Megan Divine
Center for Health Law Policy and Bioethics
Domestic violence victims are disproportionately affected by the COVID-19 pandemic. Home is not a safe place for everyone. Abuse thrives in silence and isolation. Isolation exacerbates the types of violence and abuse that victims experience. The coronavirus pandemic presents a perfect opportunity for abusers to exercise increased levels of coercive control. This includes not only physical abuse, but also emotional, financial, and psychological abuse. Survivors too, are impacted by many of these concerns. Limited finances and decreased access to housing, support, and affordable childcare increases the potential for survivors to return to their abusers. Many have considered the coronavirus crisis …
Child Maltreatment Reporting Statistics During The Covid-19 Pandemic: A Cursory Analysis, Alison L. Hansen
Child Maltreatment Reporting Statistics During The Covid-19 Pandemic: A Cursory Analysis, Alison L. Hansen
Center for Health Law Policy and Bioethics
This goal of this research is to provide a cursory analysis of publicly available child maltreatment data collected during the COVID-19 pandemic. The number of total allegations of child maltreatment between the months of March and June—a span of time representative of the COVID-19 pandemic thus far—were analyzed in five different states in the years 2017, 2018, 2019, and 2020. An analysis of total numbers of allegations and the percentage change in allegations per year revealed a disproportionate decline in child maltreatment reports during the COVID-19 pandemic. This data corroborates nationwide reports of decreases in child maltreatment allegations in the …
Housing The Homeless Population During The Covid-19 Pandemic: Governments’ Ethical Responsibility, Amy Holmes
Housing The Homeless Population During The Covid-19 Pandemic: Governments’ Ethical Responsibility, Amy Holmes
Center for Health Law Policy and Bioethics
COVID-19 took the world by storm in late 2019. Governments acted to ensure that their populations were as protected as possible through stay-at-home orders and the closure of stores, restaurants, and public spaces around the world. Stay-at-home orders work well when citizens have somewhere to stay, but those experiencing homelessness face the almost insurmountable challenge of staying safe and healthy without access to a safe place to stay. COVID-19 has spread rapidly through the homeless population, and as such poses a risk to the population as a whole as the world begins to reopen. Without access to adequate sanitation supplies …
Measles And Misrepresentation In Minnesota: Can There Be Liability For Anti-Vaccine Misinformation That Causes Bodily Harm?, Dorit Rubinstein Reiss, John Diamond
Measles And Misrepresentation In Minnesota: Can There Be Liability For Anti-Vaccine Misinformation That Causes Bodily Harm?, Dorit Rubinstein Reiss, John Diamond
San Diego Law Review
Balancing protecting and compensating victims of harmful fake news and protecting freedom of speech and the information flow is both important and challenging. Vaccines are one area where misinformation can directly cause harm. When misrepresentation leads people to refuse vaccines, disease outbreaks can happen, causing harm, even deaths, and imposing costs on the community. The tort of negligent misrepresentation that causes physical harm appears a custom-made remedy for those affected. However, courts—appropriately— narrowed the tort to protect freedom of speech and the flow of information. This Article uses an especially egregious example of anti-vaccine misrepresentation to examine the boundaries of …
Dental Board Of California, Helene E. Mayer, Bridget Fogarty Gramme
Dental Board Of California, Helene E. Mayer, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, J. D. Fellmeth
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Mason Bettencourt, Betsy Gopinath
Medical Board Of California, Mason Bettencourt, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Heather Morse, Bridget Fogarty Gramme
Board Of Registered Nursing, Heather Morse, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton
Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy
The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy
San Diego Law Review
Health care landscape has changed with the introduction of the ACA and will keep changing due to the proposed repeal. The only constant is the desire of health plans and providers to maximize profits and minimize costs, which is attainable through consolidation. This Comment advocates a revision of the existing antitrust guidelines that would (1) recognize unique nature of health care market, (2) be independent from the current or proposed legislation to the maximum possible extent, and (3) reflect the insurer-provider duality, which heavily influences the quality and accessibility of the healthcare for the consumer.
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Kayla Watson, J. D. Fellmeth
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell
San Diego International Law Journal
Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs …
2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller
2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton
Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.