Law Commons^™

The Rise And Fall Of A Reproductive Right: Dobbs V. Jackson Women’S Health Organization, Carol Sanger

Faculty Scholarship

Although the phrase “Post-Roe Era” is still used by those who want to underscore the loss wrought last June by Dobbs v. Jackson Women’s Health Organization, it is only a matter of time before the present state of reproductive constitutionalism solidifies into the more authoritarian “Dobbs Era.” In these early days of transition, states are still figuring out what they want the legal status of abortion to be, ever since Dobbs overruled both Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, thus tossing the issue of abortion’s legality back to the states for …

The Impact Covid-19 On The Healthcare Industry’S Systems And Policies: A Case Study, Jameyshia Franklin

West Chester University Doctoral Projects

People worldwide experienced some impacts from the 2019 Coronavirus at various degree. The healthcare industry worldwide was significantly affected by the high volume of patients being infected with the Coronavirus. The COVID-19 virus brought on several challenges for the healthcare industry and the federal government in the United States. Hospitals operated under severe circumstances to treat sick COVID-19 patients and keep their employees safe from contracting the disease. Government mandated social distancing, mask wearing, and cancelation and closing of services to assist with stopping the spread of the virus. This study aimed to identify how the pandemic affected the healthcare …

The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco

All Master's Theses

Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …

Public Health Product Hops, Michael S. Sinha

All Faculty Scholarship

Pharmaceutical product hops are anticompetitive maneuvers that often represent a last-ditch effort by brand manufacturers to preserve market share in the face of generic competition. An integral part of product life cycle management strategies, product hops may offer marginal benefits to patients but can substantially increase costs to payers and patients alike. Yet industry advocates maintain that this is essential follow-on research and development, resulting in the development of novel products that would otherwise never reach the market.

Is there a middle ground between these two diametrically opposed views? Might certain product hops be considered beneficial, perhaps if they furthered …

The Antitrust Alternative: Promoting Public Health Through Competition, Michael Cederblom

Indiana Journal of Law and Social Equality

No abstract provided.

Period Poverty And Life Strains: Efforts Made To Erase Stigma And To Expand Access To Menstrual Hygiene Products, Jennifer L. Brinkley, Nicole Niebuhr

Indiana Journal of Law and Social Equality

No abstract provided.

Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery

Community & Environmental Health Faculty Publications

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …

Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

Articles

Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …

Redlining And Opioid Overdose Outcomes: Do Historical Housing Policies Still Impact Health Today?, Sahana Paravantavida

Honors Theses

This study examines the relationship between historical housing policies and current health outcomes, specifically the impact of redlining on opioid overdose rates. Using data collected from the state of New Jersey, neighborhoods with a history of redlining have higher rates of opioid overdose deaths. My findings suggest that historical housing policies, which systematically excluded certain populations from accessing affordable housing and resources, continue to impact health outcomes today.

The Promise Of Telehealth For Abortion, Greer Donley, Rachel Rebouché

Book Chapters

The COVID-19 pandemic catalyzed a transformation of abortion care. For most of the last half century, abortion was provided in clinics outside of the traditional healthcare setting. Though a medication regimen was approved in 2000 that would terminate a pregnancy without a surgical procedure, the Food & Drug Administration required, among other things, that the drug be dispensed in person. This requirement dramatically limited the medication’s promise to revolutionize abortion because it subjected medication abortion to the same physical barriers of procedural care.

Over the course of the COVID-19 pandemic, however, that changed. The pandemic’s early days exposed how the …

The Nih-Moderna Vaccine: Public Science, Private Profit, And Lessons For The Future, Christopher J. Morten

Faculty Scholarship

This commentary highlights the scientific history of the NIH-Moderna COVID-19 vaccine and corroborates Sarpatwari’s theme of private capture of value created by the public. The commentary also identifies missteps by the Trump and Biden Administrations and offers policy recommendations: better contracts with and incentives for pharmaceutical manufacturers and a not-for-profit “public option” for pharmaceutical development.

Inequitable By Design: The Patent Culture, Law, And Politics Behind Covid-19 Vaccine Global Access, Ximena Benavides

University of Michigan Journal of Law Reform

COVID-19 vaccine access has been highly inequitable worldwide, with coverage depending largely on a country’s wealth. By the end of 2021, 64.1% of people living in high-income countries had received at least one dose of the vaccine, compared to only 5.4% of those in low-income countries. Similarly, only high- and upper-middle-income countries had received the most effective vaccines.

The uneven distribution of these lifesaving vaccines is made complex due to the convergence of several factors, but it suggests that the extraordinary expanding and ossifying market and political power of a few vaccine manufacturers founded on intellectual property and complementary policies …

Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich

Cleveland State Law Review

Recently, local governments have successfully sued pharmaceutical manufacturers for damages related to the opioid crisis in the United States under the theory that these pharmaceuticals were responsible for causing addictions and deaths across the nation. However, the opioid crisis was, in fact, caused by the creation of national public health policies which compelled the prescription of opioid analgesics. The dogma of the "pain movement," which spearheaded public health policies, was adopted in some form by nearly every healthcare regulator in the country. With unchecked power and influence on the U.S. healthcare system, healthcare regulators mutated slightly misleading advertising by pharmaceutical …

10-Minute Ebd: Are Hearing Protective Devices Effective For Protecting Clinicians From Noise Exposure In Clinical Practice?, Julie Frantsve-Hawley Phd

The Journal of the Michigan Dental Association

This Ten-Minute Evidence-Based Dentistry Article provides an example of implementing the evidence-based dentistry search process with trusted search engines and identifying the best literature through critical appraisal to answer the clinical question: Are Hearing Protective Devices Effective for Protecting Clinicians from Noise Exposure in Clinical Practice? This article examines the effectiveness of hearing protective devices for safeguarding clinicians from noise exposure in dental practice. The clinical environment, exacerbated by COVID-19 aerosol-reducing devices, exposes oral health providers to elevated sound levels. While there's no conclusive evidence regarding the impact of handpieces on hearing, occupational noise exposure in dental settings can affect …

The Art In Science: The University Of Michigan’S Bioartography Project, Deborah L. Gumucio Phd

The Journal of the Michigan Dental Association

"The Art in Science: The University of Michigan’s BioArtography Project" emphasizes the importance of using art to convey scientific information to the public. Scientists and medical professionals often struggle to communicate their research effectively to non-experts. The BioArtography Project, initiated in 2005, combines art and science to bridge this communication gap. It features striking images of cells and tissues under microscopes, accompanied by lay-language descriptions of the research behind each image. The project aims to engage the public, stimulate curiosity, and convey information about scientific discoveries. BioArtography images have led to meaningful discussions with the public, dispelling myths and educating …

The Merit Of Inclusion: A Policy Review Examining The Convergence Of Special Education And Inclusions Policies With Compensatory Medicaid Policies In The Wake Of The Covid-19 Pandemic, Corbyn Baggett

Capstone Experience

On March 11, 2020, the World Health Organization (WHO) formally recognized the novel coronavirus (COVID-19) outbreak as a global pandemic. This global issue compelled governments to announce careful virus containing policies in order to prevent further spread and control of the disease. Although it has been proven that measures like social isolation could aid in scaling the spread of illness, the resulting extended school closures that occurred in response to an increased number of COVID-19 outbreaks posed significant challenges for all students, but especially those students with special needs. The unpredictable nature of COVID-19 at the outset of the pandemic …

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …

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 …

Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

This morning, the Pennsylvania Supreme Court heard oral arguments in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, a case in which reproductive rights advocates have challenged the state’s ban on Medicaid funding for abortion (Coverage Ban), arguing that the ban violates the state constitution’s explicit prohibitions against sex discrimination.

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.

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 …

J Mich Dent Assoc October 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on eye safety to reduce occupational risk of eye injury in clinical dentistry.
• A feature story on a dentist’s journey with Bell’s Palsy.
• A department reports on legal issues caring for patients suspected of being under the influence of marijuana.
• Department article on workforce and employees quietly quitting.
• Articles on MDA Public Relations Grant Recipients …

Dentistry And The Law: Dealing With Patients Who Have Been Using Marijuana, Dan Schulte Jd

The Journal of the Michigan Dental Association

When dealing with patients who emit a strong marijuana odor, it's crucial to focus on their capacity to provide informed consent and the ability to deliver treatment up to the standard of care. Judging their level of intoxication solely by appearance and smell can be unreliable, so it's best to avoid making such judgments. Instead, inform patients that you may refuse treatment if their odor or other factors hinder your ability to provide care. To prevent last-minute issues, communicate this policy in advance, particularly to patients with a history of marijuana odor. Dismissing such patients from your practice may also …

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 …

Of Landlords And Tenants: Property In The Midst Of A Pandemic, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and related legislation provide business tenancies protection, among others, against forfeiture for non-payment of rent. While this regulation of commercial tenancies appears to be justified on the basis of pragmatic utility, I suggest that Honoré’s incident of ownership prohibiting harmful use also allows for these emergency laws to be vindicated from a property perspective. This provides an …

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and …

Dean’S Report: Detroit Mercy Dental Evolving With Purpose, Value, And Pride: A Look At The Past Year And All The People Who Made It Happen, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

In the past year, the University of Detroit Mercy School of Dentistry has continued its commitment to evidence-based clinical education, preparing ethical and culturally sensitive graduates for dental practice. Changes brought on by the pandemic have become part of the new normal, with the introduction of the HyFlex classroom format, allowing students flexibility in attending classes in person, virtually, or through recorded lectures. Clinic time and sessions have been consolidated to provide more focused patient care, with students now spending 28-30 hours per week on direct patient care. The University Health Center (UHC) clinic, which served as a significant teaching …

Dean’S Report: University Of Michigan School Of Dentistry Advancing Dental Education And Oral Health Science Is Our Passion And Mission, Jan Hu Bds, Phd

The Journal of the Michigan Dental Association

The Dean of the University of Michigan School of Dentistry, Jan Hu’s annual report to our readers, highlights the school's dedication to dental education and oral health science. The report underscores the school's commitment to maintaining high standards in the face of changing times. Key Highlights:

1. Educational Normalcy: Despite the challenges posed by the pandemic, the school has returned to a sense of normalcy in educating DDS, dental hygiene, and graduate students. Stringent infection control measures are still in place.
2. Vibrant Research: The school's research endeavors remain strong, with over 200 papers, articles, and reviews published in prestigious academic journals …

Menstrual And Fertility Tracking Apps And The Post Roe V. Wade Era, Samantha T. Campanella

Undergraduate Student Research Internships Conference

In the first section of the paper, I will place current conversations about data privacy within the broader context of restrictions that have been placed on reproductive rights by examining historical trajectories. Emphasis will be placed on the historical trajectory of how past policies and ideologies have worked against Roe v. Wade, and how this trajectory contributes to a decrease in access to abortions. In addition, recent news stories have documented the overturning of Roe v. Wade in several jurisdictions within the United States, which confirms the criminalization of abortion. In light of this, experts have raised awareness about the …