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Masthead, Volume 26 Jan 2016

Masthead, Volume 26

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Pregnancy Penalty, Michele Goodwin Jan 2016

The Pregnancy Penalty, Michele Goodwin

Health Matrix: The Journal of Law-Medicine

Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …


Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West Jan 2016

Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West

Health Matrix: The Journal of Law-Medicine

The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.


Genetic Essentialism In Family Law, Jennifer S. Hendricks Jan 2016

Genetic Essentialism In Family Law, Jennifer S. Hendricks

Health Matrix: The Journal of Law-Medicine

This is an essay exploring the costs of relying on genetic essentialism in family law in the United States. It discusses mandatory genetic testing of every child at birth; a need of an alternative way of thinking about biological parenthood; and the New York court case Fasano v. Perry-Rodger.


The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan Jan 2016

The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan

Health Matrix: The Journal of Law-Medicine

The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.


First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss Jan 2016

First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss

Health Matrix: The Journal of Law-Medicine

The article discusses the how immunizing health care worker can help protecting vulnerable patients and mandatory vaccination of health care workers in New Jersey (Valent v. Board of Review, Department of Labor).


The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett Jan 2016

The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett

Health Matrix: The Journal of Law-Medicine

The article examines the Eighth Amendment and solitary confinement in the United States, in particular, the tenth circuit court decision in Silverstein v. Federal Bureau of Prisons, and possible solutions.


Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer Jan 2016

Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer

Health Matrix: The Journal of Law-Medicine

The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.


Tantamount To Fraud?: Exploring Non-Disclosure Of Genetic Information In Life Insurance Applications As Grounds For Policy Rescission, Anya E.R. Prince Jan 2016

Tantamount To Fraud?: Exploring Non-Disclosure Of Genetic Information In Life Insurance Applications As Grounds For Policy Rescission, Anya E.R. Prince

Health Matrix: The Journal of Law-Medicine

Many genetic counselors recommend that individuals secure desired insurance policies, such as life insurance, prior to undergoing predictive genetic testing. It has been argued, however, that this practice is "tantamount to fraud" and that failure to disclose genetic test results, or conspiring to secure a policy before testing, opens an individual up to legal recourse. This debate traps affected individuals in a Catch-22. If they apply for life insurance and disclose a genetic test result, they may be denied. If they apply without disclosing the information, they may have committed fraud. The consequences of life insurance fraud are significant.


America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou Jan 2016

America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou

Health Matrix: The Journal of Law-Medicine

The article focuses on the underuse of buprenorphine because it is the most widely used medication for treating opioid dependence that is cost-effective in the United States. It discusses restrictions placed on prescribers under the Drug Addiction Treatment Act (DATA) of 2000 and the need to reintroduce the Recovery Enhancement for Addiction Treatment Act.


Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton Jan 2016

Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton

Health Matrix: The Journal of Law-Medicine

The article discusses how a joint task force between health care providers and law enforcement can assist with identifying victims and prosecuting traffickers in the U.S. Topics discussed include legislation criminalizing human trafficking; laws protecting victims of human trafficking; and ways to combat human trafficking in the United States.


Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine Jan 2016

Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin Jan 2016

Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin

Health Matrix: The Journal of Law-Medicine

The article examines the need of a strategy in the U.S. for the emergency health care that would include an role for emergency medical services (EMS) in preventing domestic violence. Topics discussed include ways to increase the degree of consistency and accountability of the EMS system, training on domestic violence for EMS personnel, and requirement of universal screening of female patients for domestic violence.


The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup Jan 2016

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup

Health Matrix: The Journal of Law-Medicine

A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.


Borrowing From Dormant Commerce Clause Doctrine In Analyzing Abortion Clinic Regulations, Caitlin E. Borgmann Jan 2016

Borrowing From Dormant Commerce Clause Doctrine In Analyzing Abortion Clinic Regulations, Caitlin E. Borgmann

Health Matrix: The Journal of Law-Medicine

The article examines the intensity in legislative rulemaking specifically directed at dismantling women's health protections is sweeping across the U.S. Topics discussed include the U.S. anti-reproductive rights legislation; legal protections for pharmacists who refuse to dispense contraceptive medications to women; and targeted restrictions of abortion providers (TRAP laws) in Texas.