Law Commons^™

Covid-19 Heroes: From Skis To Face Shields, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

Shaggy's Skis in Boyne City, Michigan, repurposed its ski manufacturing operations to create essential personal protective equipment (PPE) for healthcare workers during the COVID-19 pandemic. After their Facebook post asking how they could aid pandemic efforts, McLaren Hospital approached them with a request to manufacture protective face shields. Shaggy's responded by producing over 150,000 disposable shields for McLaren Health System hospitals, keeping their team employed during the shutdown. They also created shields for dental professionals, accommodating optical loops and light. The company's history of repurposing operations and Jeff Thompson's mechanical engineering background helped them adapt to manufacturing PPE. This effort …

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.

Medicaid Expansion Expectations, Deborah R. Farringer

West Virginia Law Review

No abstract provided.

Financing Rural Health Care, Isaac D. Buck

West Virginia Law Review

No abstract provided.

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.

Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo

West Virginia Law Review

No abstract provided.

Healthcare Education Leaves The Hills: Frontier Nursing University's Move From Appalachia, Hannah Haksgaard

West Virginia Law Review

No abstract provided.

Advocates’ Perspectives On The Canadian Prison Mother Child Program, Martha Paynter, Clare Heggie, Ruth Martin-Misener, Adelina Iftene, Gail Tomblin Murphy

Articles, Book Chapters, & Popular Press

Over twenty years ago, Correctional Services Canada launched the Mother Child Program (MCP) to mitigate harms of separating incarcerated mothers from their babies. It has never been subjected to internal evaluation or independent study. The aim of the qualitative study was to explore the experiences of advocates employed by Elizabeth Fry Societies (EFS), community organizations dedicated to the support of incarcerated women, with respect to supporting people who were pregnant or had young children while federally incarcerated and did or did not participate in the MCP.

The Wages Of Crying Life: What States Must Do To Protect Children After The Fall Of Roe, Leah A. Plunkett, Michael S. Lewis

Pepperdine Law Review

In the post-Roe world, can a state rationally claim that the value of human life justifies the imposition of abortion bans but does not demand that a state protect the vulnerable young who are “born human beings”—commonly called “minors” or “children”—and are entitled to protection under a state’s laws? This essay advances the claim that it cannot. This essay asks that those who say they are “Pro-life” in politics and law demonstrate that they protect vulnerable life beyond the abortion context, and that they do so in the most minimal fashion: through a demonstrated commitment to protecting the basic welfare …

Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman

Journal of Law and Health

The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.

Transcript: Presentation On Individual Autonomy In Ai Healthcare, Charlotte Tschider

Journal of Law and Health

The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.

Transcript: Presentation On Data Privacy Questions In The Digital Health World, Sara Gerke

Journal of Law and Health

The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.

Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam

Journal of Law and Health

The FDA should create functional regulations for the growing number of machine learning medical devices. The healthcare system is increasingly using these devices for diagnosis. Machine learning devices trained on biased data sets are susceptible to furthering certain types of bias and generating flawed outcomes. The FDA should require ML medical devices to include a label that describes the demographics of the tested population. If manufacturers fail to include this information, the FDA could determine the label false or misleading under §502 of the FD&C Act and stop sales of the device. After approval, the FDA should use §814.89(2) and …

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Wellness Review 2022, Part 1, Martin Huecker, Brian A. Ferguson, Jacob Shreffler

Journal of Wellness

Introduction: This article represents the first of a two-part assessment of 2022 literature addressing wellness in healthcare professionals published from January 1, 2022 to June 30, 2022.

Methods: Three editors conducted a similar keyword search in Pubmed, also adding manually curated articles. Focusing chiefly on clinical trials and other prospective research, we settled on a final 25 significant papers focusing on wellness in medical professionals to include in this review.

Literature Review: Recent literature into HCW wellness continues to describe burnout factors and COVID-19 impact, but includes more resilience-targeting interventions and systematic reviews of trials seeking bolstering of well-being. Subsections …

Newsletter, Fall 2022

Newsletter

No abstract provided.

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Valarie K. Blake, Nathan R. Hamons

Scholarly Works

No abstract provided.

Big Data, Big Gap: Working Towards A Hipaa Framework That Covers Big Data, Ryan Mueller

Indiana Law Journal

One lasting impact of the Health Insurance Portability and Accountability Act (HIPAA) is the privacy protections it provides for our sensitive health information. In the era of Big Data, however, much of our health information exists outside the traditional doctor-patient dynamic. From wearable technology, to mobile applications, to social media and internet browsing, Big Data organizations collect swaths of data that shed light on sensitive health information. Big Data organizations largely fall outside of HIPAA’s current framework because of the stringent requirements for when the HIPAA protections apply, namely that the data must be held by a covered entity, and …

Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis

Faculty Publications

The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …

Birthing Alone, Elizabeth Kukura

Washington and Lee Law Review

Throughout the COVID-19 pandemic, hospitals implemented restrictive visitor policies that have prevented many pregnant people from giving birth with their chosen support people. For some, this meant foregoing labor and delivery support by a birth doula, someone who serves in a nonclinical role and provides emotional, physical, and informational support to birthing people. Given that continuous labor support such as the care provided by doulas is associated with fewer cesareans and other interventions, less need for pain medication, and shorter labors, the promotion of doula care is a promising strategy to ease the maternal health crisis and, in particular, shrink …

Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda

Washington and Lee Law Review

State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans

Striking down these bans …

Assessing The Constitutional Validity Of Substantiation Laws For Medical Device Safety And Effectiveness Under The Medical Devices Regulations And The Food And Drugs Act, Victoria Kongats

LLM Theses

This thesis examines federal scientific evidence requirements for medical device safety and effectiveness under the mainstream market entry licensing pathway under Part 1 of the Medical Devices Regulations, and under the new ‘agile’ market entry pathway, the Advanced Therapeutic Products Amendments, which amended the Food and Drugs Act. Apart from a narrow category of medical devices (near patient in vitro diagnostic devices), scientific evidence requirements are vague and do not enumerate explicit expectations for methodologically rigorous forms of scientific evidence. Medical device safety and effectiveness could be more predictable with explicit expectations for scientific rigour. The thesis analyzes if this …

Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, Mckenna S. Cloud

MC Law Review

Mississippi is one of several states still in violation of federal laws by unnecessarily institutionalizing individuals with serious mental illness and intellectual and developmental disabilities (“psychiatric vulnerabilities”) and by failing to offer sufficient community-based mental health services. This Comment uses Mississippi’s broken mental healthcare system as a case study to reveal how violating the Americans with Disabilities Act (“ADA”) and Olmstead v. L.C. ex rel Zimring, 527 U.S. 581, 597 (1999), not only discriminates against the psychiatrically vulnerable but also fosters racial/ethnic and socioeconomic mental health disparities. Complying with these federal mandates will provide individuals with psychiatric vulnerabilities with …

Eye Safety In Dentistry, Marie T. Fluent Dds, Cdipc

The Journal of the Michigan Dental Association

In this article, Dr. Fluent underscores the importance of eye safety from vision loss that ended her clinical dental career. The article emphasizes the prevalence of ocular injuries in occupational settings, with about 2,000 U.S. workers suffering job-related eye injuries daily. Dental professionals face multiple eye hazards, including flying debris, chemicals, and infectious materials. Protective eyewear is crucial, with the CDC and OSHA recommending its use.

A significant concern is the "bottom gap" in protective eyewear, which exposes dental personnel to risks. The article introduces a new ANSI standard, ANSI/ISEA Z87.62-2021, to standardize eye and face protection against bloodborne pathogens …

Protect Yourself From Occupational Risks, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This month’s editorial underscores the importance of safeguarding against occupational risks in dentistry. Dr. Smiley shares personal experiences, highlighting potential hazards to oral health care workers' eyes and hearing, including intense lights, noisy equipment, and exposure to infectious pathogens. He emphasizes the need for protective eyewear, light shields, and equipment calibration to reduce eye-related risks and the use of custom musician earplugs to reduce the risk of job-related hearing damage. The overall message stresses that taking steps to protect oneself from occupational risks can preserve the quality of life and a professional career.

Mda At Your Service: What Is The Recommendation Regarding Prescribing Clindamycin?, Eric Tye Dds, Angela Kanazeh Ms, Cmp

The Journal of the Michigan Dental Association

The MDA at Your Service Column addresses member resources available from the MDA. This month presents guidance in prescribing practices, particularly regarding clindamycin. Clindamycin’s association with an increased risk of antibiotic-associated diarrhea, including Clostridioides difficile (C. diff) infection, has increased. The report highlights how to access an ADA clinical guideline, its preference for azithromycin over clindamycin, and the warning associated with prescribing clindamycin. Further reference is available in the August 2020 MDA Journal article "Antibiotic Guidelines for Dentistry: Who, When, What, Why and How to Prescribe,” by Elaine Bailey, PharmD, and Marie Fluent, DDS. Additional member resources discussed in this …