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- Saint Louis University Journal of Health Law & Policy (21)
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Articles 211 - 240 of 240
Full-Text Articles in Law
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Georgia Law Review
As the growth in demand for egg donors is met with an
increasing number of women willing to supply their eggs,
changes need to be made to the way egg donors, and other
similarly situated workers, are classified in the
employment context. Most donor contracts are employer-
created forms that designate the donors as independent
contractors and thus spare the clinic the duty of providing
employment benefits. Unlike other on-demand service
providers, such as Uber-drivers, that have recently sought
re-classification as employees, women who donate eggs are
subject to physically invasive procedures and long-term
health risks that particularly obviate the …
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Loyola of Los Angeles Law Review
No abstract provided.
Fixing Medicaid To "Fix Society": Extending Medicaid Coverage Of Gender-Affirming Healthcare To Transgender Youth, Henry Parr
Fordham Urban Law Journal
No abstract provided.
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
St. Mary's Law Journal
When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
Utah Law Review
The transformation of AID from a constitutional rights frame to a healthcare frame highlights the importance of developing a healthcare model related to dignity that isundergirded by social support, legal rights and healthcare access. However, the history of the abortion right cautions against narrowly identifying healthcare within the confines of the individual doctor-patient relationship because it risks subordinating the decisional autonomy of patients to the decision-making of their doctors. Taken together, these movements gesture toward situating rights within a healthcare framing that considers how social, political and economic systems and relationships come to bear upon decision-making. I conclude that while …
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
St. Mary's Law Journal
Abstract Forthcoming.
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
St. Mary's Law Journal
Abstract Forthcoming.
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
St. Mary's Law Journal
Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
St. Mary's Law Journal
Abstract forthcoming.
Privacy And Accountability In Black-Box Medicine, Roger Allan Ford, W. Nicholson Price Ii
Privacy And Accountability In Black-Box Medicine, Roger Allan Ford, W. Nicholson Price Ii
Michigan Telecommunications & Technology Law Review
Black-box medicine—the use of big data and sophisticated machine-learning techniques for health-care applications—could be the future of personalized medicine. Black-box medicine promises to make it easier to diagnose rare diseases and conditions, identify the most promising treatments, and allocate scarce resources among different patients. But to succeed, it must overcome two separate, but related, problems: patient privacy and algorithmic accountability. Privacy is a problem because researchers need access to huge amounts of patient health information to generate useful medical predictions. And accountability is a problem because black-box algorithms must be verified by outsiders to ensure they are accurate and unbiased, …
The World Of The Dead, The Right Of Sepulcher And The Power Of Information, Katherine Calderon
The World Of The Dead, The Right Of Sepulcher And The Power Of Information, Katherine Calderon
Touro Law Review
No abstract provided.
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
St. Mary's Law Journal
A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
St. Mary's Law Journal
Texas affords consumer debtors some of the most generous state bankruptcy exemptions in the United States. This includes the homestead exemption, which permits consumer debtors to exempt a homestead of unlimited value from forced sale, subject to certain enumerated exceptions. Bankruptcy courts throughout the state are grappling with how to characterize proceeds from the sale of an exempted homestead once a consumer debtor files a Chapter Seven bankruptcy petition. Specifically, courts consider whether a debtor may personally retain funds from the sale of a homestead or whether a Chapter Seven Trustee should receive the sale proceeds on behalf of the …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup
Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup
Internet Journal of Allied Health Sciences and Practice
Public health policy/law is a discipline that seeks to identify opportunities and implement mechanisms to achieve justice in the public health sector. Several public health policies and programs have been implemented by virtue of the Affordable Care Act (ACA), and these policies and programs seek to decrease America’s “paradox of excess and deprivation” and address socioeconomic barriers that exist in the U.S. healthcare system. Private healthcare market interests have accused the ACA of intruding heavily into the professional autonomy of the medical profession, eroding healthcare market competition, and driving up national healthcare spending. Counter-arguments defending the ACA state that the …
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
Osgoode Hall Law Journal
In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …
Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin
Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin
Health Matrix: The Journal of Law-Medicine
The article examines the need of a strategy in the U.S. for the emergency health care that would include an role for emergency medical services (EMS) in preventing domestic violence. Topics discussed include ways to increase the degree of consistency and accountability of the EMS system, training on domestic violence for EMS personnel, and requirement of universal screening of female patients for domestic violence.
Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer
Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer
Health Matrix: The Journal of Law-Medicine
The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.
Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton
Health Matrix: The Journal of Law-Medicine
The article discusses how a joint task force between health care providers and law enforcement can assist with identifying victims and prosecuting traffickers in the U.S. Topics discussed include legislation criminalizing human trafficking; laws protecting victims of human trafficking; and ways to combat human trafficking in the United States.
Masthead, Volume 26
Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine
Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup
Health Matrix: The Journal of Law-Medicine
A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.
Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West
Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West
Health Matrix: The Journal of Law-Medicine
The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Health Matrix: The Journal of Law-Medicine
This is an essay exploring the costs of relying on genetic essentialism in family law in the United States. It discusses mandatory genetic testing of every child at birth; a need of an alternative way of thinking about biological parenthood; and the New York court case Fasano v. Perry-Rodger.
The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan
Health Matrix: The Journal of Law-Medicine
The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.
America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou
America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou
Health Matrix: The Journal of Law-Medicine
The article focuses on the underuse of buprenorphine because it is the most widely used medication for treating opioid dependence that is cost-effective in the United States. It discusses restrictions placed on prescribers under the Drug Addiction Treatment Act (DATA) of 2000 and the need to reintroduce the Recovery Enhancement for Addiction Treatment Act.
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss
Health Matrix: The Journal of Law-Medicine
The article discusses the how immunizing health care worker can help protecting vulnerable patients and mandatory vaccination of health care workers in New Jersey (Valent v. Board of Review, Department of Labor).
The Guardian Ad Litem As The Child's Privilege Holder, Starla Doyal
The Guardian Ad Litem As The Child's Privilege Holder, Starla Doyal
University of Colorado Law Review
Children in therapy have a strong interest in maintaining the confidentiality of communications with their therapists. Without the assurance of confidential communications, children may not be as open with their therapists, which can make therapy less effective. Although children have privilege rights to their psychotherapist-patient communications just as adults do, their parents generally hold and exercise that privilege. Many courts have recognized that a parent should not hold a child's privilege when the parent and child have divergent interests. This raises the question of who should hold the privilege in the parent's place. In L.A.N. v. L.M.B., the Colorado Supreme …