Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Criminalization Of Care: Health And The Home, Teneille R. Brown
The Criminalization Of Care: Health And The Home, Teneille R. Brown
Utah Law Review
In this issue of the Utah Law Review, our readers will hear from a variety of perspectives on how the criminalization of care is impacting our communities. Noa Ben-Asher and Margot Pollans describe how “regret” has been exploited by conservative groups in campaigns to paternalistically ban abortion and genderaffirming care. They lay out how the parallel legal strategies between bans on abortion and gender-affirming care are hardly coincidental. Rather, there is a coordination effort to pervert informed consent doctrine to promote “traditional family values,” and to police reductive heteronormative visions of identity.
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks
Utah Law Review
This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
Utah Law Review
The Department of Justice (“DOJ”) has a long-stated goal of encouraging companies to engage in what the author refers to as “compliant behaviors”—maintenance of an effective pre-existing compliance program, post-enforcement adoption of an effective compliance program, cooperation with a government investigation, and self-disclosure of misconduct. Substantial DOJ guidance over the past two decades, along with the concrete incentive structure of the United States Sentencing Guidelines, have increasingly made clear to organizations when and how such behaviors will be rewarded in criminal matters. Recently, DOJ has made transparency and clarity regarding the benefit of compliant behaviors a priority in calculating and …