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Articles 1 - 30 of 298
Full-Text Articles in Law
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
University of Miami Law Review
Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Dickinson Law Review (2017-Present)
Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.
This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko
Washington and Lee Law Review
Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and large discrepancies in life expectancy for Black Americans when compared to their White counterparts. While health is impacted by various factors, segregation has been shown to impose various challenges that make it difficult for Black Americans to attain good health.
Segregated Black communities struggle with economic inequality, environmental racism, and face …
Emergency Room To The Courtroom: Providing Abortion Care Under Emtala And State Abortion Bans, Natasha Rappazzo
Emergency Room To The Courtroom: Providing Abortion Care Under Emtala And State Abortion Bans, Natasha Rappazzo
Dickinson Law Review (2017-Present)
After the Supreme Court eliminated the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, states began to broadly criminalize abortion. Abortion is criminalized and restricted even in situations that constitute an emergency medical condition under the Emergency Medical Treatment and Labor Act (“EMTALA”). State abortion bans with limited medical exceptions conflict with EMTALA’s protections for emergency screening and stabilization. Legal challenges to the scope of EMTALA show a growing divide and uncertainty on emergency abortion care in the United States. This Comment will discuss why physicians cannot confidently provide quality and competent abortion care without the …
Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales
Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales
University of Miami Law Review
Cosmetics only first became regulated after a series of tragic events where users were seriously harmed from the use of cosmetic products. These tragic events prompted legislators to enact the Food, Drug, and Cosmetics Act of 1938. Before then, law makers feared that regulating the cosmetic industry would lower the tone of legislation because they considered the cosmetic industry to be inconsequential. At present, the regulatory system in place to protect vulnerable cosmetic consumers is nearly identical to when it was enacted over eighty-six years ago—even though the cosmetic market looks nothing like it did back then. The consumer base …
“A Solemn Mockery”: Why Texas’S Senate Bill 8 Cannot Be Legitimized Through Comparisons To Qui Tam And Environmental Protection Statutes, Laura Blockman
“A Solemn Mockery”: Why Texas’S Senate Bill 8 Cannot Be Legitimized Through Comparisons To Qui Tam And Environmental Protection Statutes, Laura Blockman
University of Miami Law Review
On September 1, 2021, the Texas Legislature enacted the Texas Heartbeat Act, an anti-abortion statute popularly known as Senate Bill 8 (“S.B. 8”). Although many states passed anti-abortion legislation in 2021, S.B. 8 received national attention due to the law’s unusual enforcement mechanism: S.B. 8 empowers private citizens, not state actors, to sue individuals who perform or aid in the performance of an abortion after a fetal heartbeat is detected.
Unsurprisingly, the authors of S.B. 8 received extreme back- lash from the public, and many academics and legal scholars viewed the law’s private enforcement mechanism as an effort to evade …
Healthcare Inequities In The United States And Beyond Are Taking Black Women’S Lives, Alichia Mcintosh
Healthcare Inequities In The United States And Beyond Are Taking Black Women’S Lives, Alichia Mcintosh
Northwestern Journal of Law & Social Policy
Black women have been dying at devastating rates due to health complications at the hands of the United States’ healthcare and legal systems. This Note explores these distressing rates and how they compare to White women while analyzing the fatalities and diagnoses among several health complications and diseases. These fatalities persist due to the United States’ history of racism—such as the institution of slavery and over 100 years of Black bodies experiencing Jim Crow laws—and the socioeconomic disadvantages Black women disproportionally face. This Note emphasizes that these disparities continue because the United States has failed to implement treaties—which it is …
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Human-Centered Design To Address Biases In Artificial Intelligence, Ellen W. Clayton, You Chen, Laurie L. Novak, Shilo Anders, Bradley Malin
Human-Centered Design To Address Biases In Artificial Intelligence, Ellen W. Clayton, You Chen, Laurie L. Novak, Shilo Anders, Bradley Malin
Vanderbilt Law School Faculty Publications
The potential of artificial intelligence (AI) to reduce health care disparities and inequities is recognized, but it can also exacerbate these issues if not implemented in an equitable manner. This perspective identifies potential biases in each stage of the AI life cycle, including data collection, annotation, machine learning model development, evaluation, deployment, operationalization, monitoring, and feedback integration. To mitigate these biases, we suggest involving a diverse group of stakeholders, using human-centered AI principles. Human-centered AI can help ensure that AI systems are designed and used in a way that benefits patients and society, which can reduce health disparities and inequities. …
Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia, Bonita Cinintya Putri
Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia, Bonita Cinintya Putri
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Economy and Social Welfare should not be read and understood as two separate concepts separately. Human rights are rights that humans have solely because they are human. Humanity has it not because it was given to it by society or based on positive law, but solely based on its dignity as a human being. The state's obligation to the right to health is stated in Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The state as the holder of the obligation to fulfil human rights has the responsibility to comply with these aspects when talking …
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Mitchell Hamline Law Review
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei
Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei
Saint Louis University Journal of Health Law & Policy
A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.
A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …
Commentary On Reynolds V. Mcnichols, Aziza Ahmed
Commentary On Reynolds V. Mcnichols, Aziza Ahmed
Faculty Scholarship
The 1973 case Reynolds v McNichols concerns a woman who was repeatedly arrested on suspicion of and for “prostitution.” During these arrests, Roxanne Reynolds, the defendant, was subject to forced examination and treatment. The arrests and examinations were authorized by Section 735 of the Revised Municipal Code of the City and County of Denver, which directed the Department of Health and Hospitals “to use every available means to ascertain the existence of and investigate all suspected cases of communicable venereal disease, and to determine the sources of such infections.” Reynolds argued that the ordinance was unconstitutional because it was irrational, …
Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen
Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen
William & Mary Bill of Rights Journal
Local jails in the United States incarcerate millions of people each year. The COVID-19 pandemic made jail health a pressing public health concern nationally, where releasing individuals from jails occurred across the country in order to prevent pandemic spread. But releases also faced substantial resistance and exposed long-standing challenges in delivering adequate healthcare in jail settings. People in jail have substantially higher levels of medical need than individuals in the general population, with large numbers having serious mental illnesses and substance use disorders. Further, overcrowded conditions and poor healthcare standards and delivery make jails harmful to those already-vulnerable people. What …
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
All Faculty Scholarship
The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our decentralized domestic and international governance structures, and the result was devastating: the United States has a death rate that is eighteenth highest in the world, and the pandemic has had dramatically unequal impacts across the country. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.
This Article finds order in the chaos of the pandemic response by …
404 Provider Not Found: Contributions And Solutions To Inadequate Provider Networks For Behavioral Health Care, Travis Williams
404 Provider Not Found: Contributions And Solutions To Inadequate Provider Networks For Behavioral Health Care, Travis Williams
Georgia State University Law Review
Despite the efforts of policymakers, access to in-network behavioral health care services has continued to lag relative to other types of health care. Many psychiatrists, for example, do not accept insurance, limiting access to their services to only those individuals who can afford to pay out of pocket. Several factors contribute to insurance networks’ paucity of behavioral health care providers, including low insurance reimbursement for behavioral health care services, inadequate regulation and enforcement, provider shortages, and a lack of access to telehealth services. To maximize the utility of existing regulatory structures, states should take an outcome-oriented enforcement approach that principally …
Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse
Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse
University of Miami Inter-American Law Review
The concepts of family planning and reproductive health rights are often obscured by the controversy that surrounds the topic of abortion. This controversy has substantially impacted the U.S.’s outlook on reproductive health rights and its support toward family planning organizations, often limiting funding and aid depending on each administration’s political views. While international law has recognized the importance of reproductive health rights and the necessity of family planning programs, the U.S. continues to fall be-hind when it comes to promoting such rights. This article calls for a bipartisan effort to end these regressive and harmful anti–abortion policies so that the …
The Fate Of The Advancing American Kidney Health Initiative In A Biden Administration, Seth Shepherd
The Fate Of The Advancing American Kidney Health Initiative In A Biden Administration, Seth Shepherd
Journal of the National Association of Administrative Law Judiciary
This article analyzes the Biden Administration’s healthcare priorities, contrasts them with those of the Trump Administration, discusses how Presidential administrations determine whether to continue policies, and examines the proper procedures for continuing previous administration policies. This article will then examine whether the Initiative will have a place in the Biden Administration’s healthcare policy. Part II considers Biden’s overall approach to healthcare. Part III discusses what the Trump Administration’s healthcare policy accomplished. Part IV dissects the Initiative and begins a discussion regarding its effectiveness. Part V explores an administration’s decision-making process regarding retention or rejection of a previous administration’s policies and …
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
Journal of the National Association of Administrative Law Judiciary
While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …
Law School News: Professor Of The Year 2022: Brittany Reposa 05/19/2022, Michael M. Bowden
Law School News: Professor Of The Year 2022: Brittany Reposa 05/19/2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Working Through Menopause, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn
Working Through Menopause, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn
Elisabeth Haub School of Law Faculty Publications
There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers inevitably will experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic, because of cultural stigmas and attitudes about aging and gender. Yet menopause raises critical issues at the intersections of gender equity, disability, aging, transgender rights, and reproductive justice. This Article imagines how the law would change if it accounted for menopause and the associated unequal burdens …
Contextualizing Menopause In The Law, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn
Contextualizing Menopause In The Law, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn
Elisabeth Haub School of Law Faculty Publications
“It is horrendous, but then it’s magnificent,” says one character about menopause in an episode of the 2019 Netflix comedy Fleabag. Her younger interlocutor is incredulous at this proclamation. That younger character, and even the audience, may be somewhat taken aback by this frank discussion. After all, menopause is not a subject that is commonly discussed, let alone praised. Whether among friends, acquaintances, or colleagues (fictional or not), silence about menopause is more likely the norm. This is true in the law, too. The law mostly ignores menopause.
The law’s silence about menopause is linked to a broader cultural silence …
It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett
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 …
Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon
Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon
Upper Level Writing Requirement Research Papers
This comment argues that climate change threatens fundamental human rights recognized by the United Nations High Commissioner for Human Rights. Therefore, the United Nations should adopt the standards set forth in cases like Sacchi v. Argentina and Teitiota v. New Zealand to denote climate change as a threat to the right to health under Articles 11 and 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights. Climate change is already having monumental impacts on access to food and access to clean water and sanitation, which this comment demonstrates by analyzing two country case studies: The Central African …
The Next Pandemic Might Be A Petdemic, Hillary Greene
The Next Pandemic Might Be A Petdemic, Hillary Greene
Indiana Law Journal
A new scientific study shows that COVID-19 can be transmitted from cats to humans. Luckily, this channel of transmission seems extremely rare, at least thus far. But next time—and there will be a next time—we may not be so fortunate. This Article addresses this underappreciated risk of what I term a “petdemic”—a pandemic or epidemic that involves significant disease transmission between pets and humans. With nearly 70% of U.S. households owning pets, a petdemic could be catastrophic. One of our go-to responses for even perceived petdemics, honed over the last century, is to slaughter our pets. This pioneering Article proposes …
Aging, Health, Equity, And The Law: Foreword, Joan C. Foley
Aging, Health, Equity, And The Law: Foreword, Joan C. Foley
Touro Law Review
No abstract provided.
Managing And Monitoring The Menopausal Body, Naomi R. Cahn, Bridget J. Crawford, Emily Gold Waldman
Managing And Monitoring The Menopausal Body, Naomi R. Cahn, Bridget J. Crawford, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
This Essay explores how menopausal bodies are managed and monitored through both menopausal hormone therapy (MHT) and the burgeoning market for technology-driven menopause products and services. While each of these allegedly improves the menopause experience, a closer investigation reveals a more complex interaction of profit motives and traditional notions of gender identity. The Essay identifies problems with—and suggests some solutions for reforming—current practices of monitoring and managing the menopausal body.
Careful consideration of menopause brings this Essay into ongoing conversations about theorizing beyond the gender binary and stereotypical notions of femininity. Purveyors of both MHT and menopause-related digital products and …
When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz
When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz
Faculty Scholarship
As the Covid-19 pandemic wears on, patients have asked courts to compel hospitals to administer unproven therapies, with mixed legal results. Although talk radio hosts, politicians, and social media users have promoted various treatment approaches, they have given particular attention to ivermectin. The Food and Drug Administration (FDA) has approved ivermectin for use in humans for treating onchocerciasis (river blindness), intestinal strongyloidiasis, certain other parasitic worms, head lice, and skin conditions such as rosacea. Although this approval facilitates legal offlabel use for prophylaxis against or treatment of other conditions, both the FDA and the Centers for Disease Control and Prevention …
Worth A Shot: Encouraging Vaccine Uptake Through "Empathy", Jody L. Madeira
Worth A Shot: Encouraging Vaccine Uptake Through "Empathy", Jody L. Madeira
Articles by Maurer Faculty
Pro- and anti-vaccine organizations and individuals have frequently invoked empathy as a strategy for increasing uptake of COVID-19 precautions, including vaccinations. On one hand, vaccine supporters deployed empathy to defuse conflict, prioritize safeguarding the collective welfare, and avoid government mandates. On the other hand, vaccine opponents used empathy to emphasize the alleged individual effects of pandemic precautions, mobilize public voices, and stress the importance of medical freedom in policy-making contexts.
This Article first defines empathy and reviews empathy scholarship, paying particular attention to its relationship with narrative and the contexts where empathy can be difficult or dangerous. It then applies …