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Articles 1 - 5 of 5
Full-Text Articles in Law
Minors, Parents, And Minor Parents, Maya Manian
Minors, Parents, And Minor Parents, Maya Manian
Articles in Law Reviews & Other Academic Journals
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …
Liability For Mobile Health And Wearable Technologies, Lindsay Wiley, Nicolas Terry
Liability For Mobile Health And Wearable Technologies, Lindsay Wiley, Nicolas Terry
Articles in Law Reviews & Other Academic Journals
Most of the legal commentary regarding mobile health has focused on direct regulation leveraging existing laws and regulators such as HIPAA privacy through HHS-OCR or device regulation by the FDA. However, much of the mobile health revolution likely will play out in lightly regulated spaces bereft of most of the privacy, security, and safety rules associated with traditional health care. This article examines the potential for common law liability models to bridge these gaps (even on a temporary basis). Part II of this paper provides an introduction to the terminology used, and presents a brief typology of the apps appearing …
The Affordable Care Act Is Not Tort Reform, Andrew F. Popper
The Affordable Care Act Is Not Tort Reform, Andrew F. Popper
Articles in Law Reviews & Other Academic Journals
On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced …
Applying The Health Justice Framework To Diabetes As A Community-Managed Social Phenomenon, Lindsay Wiley
Applying The Health Justice Framework To Diabetes As A Community-Managed Social Phenomenon, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: In East Harlem, it is possible to take any simple nexus of people -the line at an A.T.M., a portion of a postal route, the members of a church choir -and trace an invisible web of diabetes that stretches through the group and out into the neighborhood, touching nearly every life with its menace.Ten years ago, the New York Times published "Bad Blood," a series of articles examining the impact of diabetes on the residents of New York City. In the years that followed, New York pioneered a series of groundbreaking legal interventions, including implementing measures to track diabetes …
From Patient Rights To Health Justice, Lindsay Wiley
From Patient Rights To Health Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public-alongside the patient, the provider, and the payer-as an important stakeholder and active participant in decisions about medical treatment, health care coverage, and allocation of scarce resources. In a previous article, the author looked to the environmental justice, reproductive justice, and food justice movements for inspiration in developing a "health justice" approach to eliminating social disparities in health. This Article …