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Articles 1 - 30 of 184
Full-Text Articles in Law
On The Human Right To Healthy Menstruation, Bridget J. Crawford
On The Human Right To Healthy Menstruation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This short essay introduces the Bellagio Declaration on the Human Right to Healthy Menstruation, a statement signed by an interdisciplinary group of academics, artists, policymakers, clinicians, and practitioners in 2024. The Declaration frames the human right to healthy menstruation as including (1) non-discrimination on the basis of menstruation; (2) dignity in all matters related to menstruation; (3) access to facilities, resources, and supplies that facilitate the management of menstruation in a manner that is affordable and safe and that fosters a clean, healthy, and sustainable environment; (4) lifelong access to timely and medically accurate information about all aspects of menstruation; …
Reproductive Justice At Work: Employment Law After Dobbs V. Jackson Women’S Health Organization, Laura T. Kessler
Reproductive Justice At Work: Employment Law After Dobbs V. Jackson Women’S Health Organization, Laura T. Kessler
Utah Law Faculty Scholarship
In June 2022, in Dobbs v. Jackson Women's Health Organization, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, landmark decisions which held that the U.S. Constitution protected a right to abortion prior to fetal viability. Overnight, about 64 million American women of childbearing age potentially lost the right to decide what happens in their own bodies. In the two years since the decision, seventeen states have made most or all abortions illegal, with the fight over abortion still taking place in state and federal courts. Experts across fields have explored the decision's effects on health, economic …
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. …
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, …
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 …
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.
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
Faculty Articles
The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”
This article, prepared for …
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 …
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 …
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 …
Law School News: Professor Of The Year 2021: Brittany Raposa 05/20/2021, Michael M. Bowden
Law School News: Professor Of The Year 2021: Brittany Raposa 05/20/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Ai's Legitimate Interest: Towards A Public Benefit Privacy Model, Charlotte A. Tschider
Ai's Legitimate Interest: Towards A Public Benefit Privacy Model, Charlotte A. Tschider
Faculty Publications & Other Works
Health data uses are on the rise. Increasingly more often, data are used for a variety of operational, diagnostic, and technical uses, as in the Internet of Health Things. Never has quality data been more necessary: large data stores now power the most advanced artificial intelligence applications, applications that may enable early diagnosis of chronic diseases and enable personalized medical treatment. These data, both personally identifiable and de-identified, have the potential to dramatically improve the quality, effectiveness, and safety of artificial intelligence.
Existing privacy laws do not 1) effectively protect the privacy interests of individuals and 2) provide the flexibility …
Disparities In Health Care: The Pandemic’S Lessons For Health Lawyers, Danielle Pelfrey Duryea, Nicole Huberfeld, Ruqaiijah Yearby
Disparities In Health Care: The Pandemic’S Lessons For Health Lawyers, Danielle Pelfrey Duryea, Nicole Huberfeld, Ruqaiijah Yearby
All Faculty Scholarship
Population-level disparities in health and health care came to the forefront of U.S. public consciousness in 2020. As the racial, ethnic, and socioeconomic stratification of COVID-19 infection and death rates emerged with chilling clarity, the Black Lives Matter protests of the summer focused millions of Americans on the complex, structural nature of inequity and its long-lasting effects.
Access to quality health care is a “social determinant of health,” meaning that it is one of the “non-medical factors that influence health outcomes . . . the conditions in which people are born, grow, work, live, and age, and the wider set …
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
All Faculty Scholarship
Public health literature has long recognized the existence of determinants of health, a set of socio-economic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Race, Risk, And Personal Responsibility In The Response To Covid-19, Aziza Ahmed, Jason Jackson
Race, Risk, And Personal Responsibility In The Response To Covid-19, Aziza Ahmed, Jason Jackson
Faculty Scholarship
The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportionate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and inequitable health outcomes. Despite clear racial disparities in illness and deaths, the neoliberal ideology of personal responsibility shifts the onus for mitigation of risk away from the social and legal determinants of health and onto the individual. To understand how and why these disparate racial outcomes arise, this Piece …
Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs
Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
The right to health has been repeatedly recognized as one of the core human rights, essential for human functioning, human dignity, economic well-being and development. But the right to health continues to elude hundreds of millions and with Covid-19, perhaps billions of people. Poverty remains the most critical obstacle to the realization of the right to health in developing countries. Achieving universal health coverage, before the additional costs of Covid-19, would require roughly $50 billion per year, approximately 0.1 percent of the GDP of the high-income OECD countries. Yet despite this broad understanding of the vicious cycle of poverty and …
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck
Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck
Scholarly Articles
Professor Bruck writes to Secretary Moran and Chairwoman Bennett to urge them to protect elderly Virginia prison inmates from the risk of death from COVID-19 by granting immediate parole release to as many over-60 parole-eligible prisoners as possible, upon a showing that they are at low risk to re-offend, and have a supportive home to go to once released.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (May 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (May 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden
Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner
State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner
Scholarly Articles
State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative …
Regulating Care Robots, Valarie K. Blake
Regulating Care Robots, Valarie K. Blake
Scholarly Works
Care robots are already assisting the elderly in some nursing homes around the globe and could be in widespread use in hospitals and homes sooner than we think. These robots promise great hope for patients: to help them remain independent, to provide assistance with daily living, to comfort and distract during procedures, to educate, and to be companions during the vulnerable and lonely times in patient lives. Yet, care robots will have unprecedented access to personal lives, combined with designs aimed at winning patient trust and affection, and with recording and sensory capabilities beyond any human. They pose significant risk …
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 …