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Full-Text Articles in Law
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 …
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 …
Disability, Access, And Other Considerations: A Title Ii Framework For A Pandemic Crisis Response (Covid-19), George M. Powers, Lex Frieden, Vinh Nguyen
Disability, Access, And Other Considerations: A Title Ii Framework For A Pandemic Crisis Response (Covid-19), George M. Powers, Lex Frieden, Vinh Nguyen
Saint Louis University Journal of Health Law & Policy
This Article examines how plans for emergency medical rationing during the COVID-19 pandemic may discriminate against those with disabilities. More specifically, this Article lays out the obligation of state and local governments under Title II of the ADA in creating and enforcing equitable and fair rationing plans during this COVID-19 crisis. For example, ventilator shortages are a common occurrence. The ADA, similar to other civil rights laws, operates so that a person with a disability is not denied a ventilator or other resources because of his/her disability. One reason that a person with a disability may be denied limited medical …
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
Journal of Law and Health
The United States and eleven other countries are currently in the end stages of negotiating the Trans-Pacific Partnership (TPP)—the largest free trade agreement (FTA) in U.S. history—which incorporates a range of trade topics, including the protection and enforcement of intellectual property rights (IPRs). Although the negotiations have been highly secretive, negotiating texts of the agreement leaked as recently as November 2013 have suggested that the United States is proposing IPR provisions, specifically relating to patent protection, that are stronger and less flexible than IPR provisions included within three of the four most recent U.S. FTAs. This paper addresses and analyzes …
Advocacy In Health Proceedings In New York State, Kia C. Franklin
Advocacy In Health Proceedings In New York State, Kia C. Franklin
Touro Law Review
Individuals and communities navigating the healthcare system without an advocate often experience devastating outcomes and become burdened with unnecessary costs. These negative outcomes undermine the very utility of our healthcare system. The creation of a legal right to counsel for individuals with critical health related claims would meet an important and unmet need in our health and legal systems by empowering patients, improving the quality of health for many, and preventing unnecessary costs to the health care system.
A dedicated group of healthcare advocates, lawyers, public policy analysts, and other concerned individuals gathered together at Touro Law Center to strategize …
Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez
Journal of Health Care Law and Policy
No abstract provided.
Introduction, Elijah E. Cummings
Introduction, Elijah E. Cummings
Journal of Health Care Law and Policy
No abstract provided.
Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Journal of Health Care Law and Policy
No abstract provided.
Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller
Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller
Journal of Health Care Law and Policy
No abstract provided.
(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey
(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey
Journal of Health Care Law and Policy
No abstract provided.
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & Technology Law Review
Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …