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Articles 1 - 30 of 46
Full-Text Articles in Law
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Washington Journal of Social & Environmental Justice
No abstract provided.
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Dickinson Law Review (2017-Present)
Angie Schmitt’s Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes. While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …
Copyright Protection For Works In The Language Of Life, Nina Srejovic
Copyright Protection For Works In The Language Of Life, Nina Srejovic
Washington Law Review
In 2001, the DNA Copyright Institute sought to capitalize on the fear of human cloning by offering celebrities the opportunity to use copyright to secure exclusive rights in their DNA. At the time, a Copyright Office spokesperson pointed out that a person’s DNA “is not an original work of authorship.” That statement is no longer self-evident. A scientist claims to have used CRISPR technology to create a pair of twin girls with human-altered DNA that may provide immunity to HIV infection and improved cognitive function. Through gene therapy, doctors can “author” changes to patients’ DNA to cure disease. Scientists “edit” …
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
Dickinson Law Review (2017-Present)
Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …
More Money, More Problems: Why H.R. 1318 Is An Insufficient Fix To Remedy The Maternal Mortality Crisis
Florida A & M University Law Review
Between 1990 and 2013 maternal mortality has nearly doubled in the United States as opposed to other countries.6 Per every 100,000 live births, there are 26.4 deaths in the United States. In fact, the United States has the highest rate of maternal mortality in the industrialized world. Unfortunately, maternal mortality did not become a political issue until public figures, like Beyonc´e and Serena Williams, began speaking out about near-death experiences while giving birth. For example, T.V. phenomenon Judge Glenda Hatchett’s daughter-in-law, Kira Johnson, died due to pregnancy-related complications in 2016. Stories like Beyonc´e’s, Serena Williams, and Kira Johnson caused a …
Teaching Constitutional Law, Administrative Law, And Health Law As Presidential Administrations Change, Renée M. Landers
Teaching Constitutional Law, Administrative Law, And Health Law As Presidential Administrations Change, Renée M. Landers
Saint Louis University Law Journal
When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the …
Corporate Wealth Over Public Health? Assessing The Resilience Of Developing Countries' Covid-19 Responses Against Investment Claims And The Implications For Future Public Health Crises, Tim Hagemann
Pace International Law Review
In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in …
The Patient Assistance Problem, John Defuria
“Incident To Service”: Narrowing The Scope Of The Feres Doctrine In Military Medical Malpractice, Thomas A. Campbell
“Incident To Service”: Narrowing The Scope Of The Feres Doctrine In Military Medical Malpractice, Thomas A. Campbell
Health Law Outlook
No abstract provided.
Doctrine Of Dignity: Making A Case For The Right To Die With Dignity In Florida Post-Obergefell
Doctrine Of Dignity: Making A Case For The Right To Die With Dignity In Florida Post-Obergefell
Florida A & M University Law Review
The discussions about the right to privacy have evolved, and the national landscape on physician-assisted suicide has changed since Krischer. Surely, it is time Floridian citizens are given the opportunity to decide whether the right to privacy guaranteed by the Florida constitution includes the right to die with dignity. Numerous states across the nation have adopted legislative provisions which afford those within that state’s borders the ability to die with dignity through physician-assisted suicide. In addition, the seemingly unrelated decision of the United States Supreme Court in Obergefell v. Hodges has reopened the discussion of Glucksberg and its holding. In …
The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine
The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine
Washington Law Review Online
Doctors in multiple states have been accused of using their own sperm to impregnate patients without the patient’s consent. Because most states do not have laws prohibiting fertility doctors from using their own sperm to impregnate their patients, families have not been able to seek meaningful legal remedies. State legislatures enacted new fertility fraud laws to deter, criminalize, and provide a legal civil cause of action to those harmed by these actions—but only after these allegations came to light. If the Washington State Legislature creates a law before any similar allegations come to light in Washington, those patients harmed in …
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
Indiana Law Journal
Controversies regarding the pricing of biopharmaceutical products are pervasive. Patients must choose between treatment and rent, prescriptions go unfilled, and health systems are forced to restrict access to life-saving medications— all because of cost. Though there is often consensus that these issues are problematic, there is disagreement as to what are appropriate solutions and who has responsibility to bring about those solutions. Most efforts to address biopharmaceutical pricing concerns focus on governmental regulation. This Article has a different focus. It provides a legal and normative analysis of a form of corporate self-regulation that could help address access and pricing concerns—a …
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health
Florida A & M University Law Review
This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …
Fighting For Your Life In America: A Study Of "Right To Try" Laws Throughout The Country, Danielle Delgrosso
Fighting For Your Life In America: A Study Of "Right To Try" Laws Throughout The Country, Danielle Delgrosso
St. John's Law Review
(Excerpt)
This Note argues that there should be a federal statute granting terminally ill patients access to experimental drugs, but that the Trickett Wendler Act, as written is not the proper vehicle for change. An ideal congressional “Right to Try” statute should be crafted to make experimental drugs realistically obtainable for terminally ill patients while protecting those patients and their quality of life. The Trickett Wendler Act’s weaknesses prevent it from reaching this objective because it is too deferential to already unclear state Right to Try laws. Part I explores the right to try movement generally, explaining what a “right …
Introduction: Four Views On Healthism
Introduction: Four Views On Healthism
Marquette Benefits and Social Welfare Law Review
None
A Population Health Framework For Teaching Health Law, Robert Gatter
A Population Health Framework For Teaching Health Law, Robert Gatter
Saint Louis University Law Journal
No abstract provided.
Teaching Health Law From A Social-Ecological Perspective, Lindsay F. Wiley
Teaching Health Law From A Social-Ecological Perspective, Lindsay F. Wiley
Saint Louis University Law Journal
No abstract provided.
Health Law, Public Law, And Social Justice, Sidney D. Watson
Health Law, Public Law, And Social Justice, Sidney D. Watson
Saint Louis University Law Journal
I have taught Health Law for almost three decades. In the early years, the course was primarily about private law, the application of contract and tort principles in the context of health insurance coverage and medical care. Federal law of Medicare, Medicaid, EMTALA, and federal civil rights laws always made an appearance. Other federal statutes were added as they came along: HIPAA, the Americans with Disabilities Act, and GINA. Over the years, the course focused more and more on federal statutes until the passage of the Affordable Care Act (“ACA”) in 2010 completed the transition
Health law is now a …
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
The University of Notre Dame Australia Law Review
When women see images of extremely thin women, their body image may suffer as a result. Their poor body image can develop into an eating disorder. A handful of governments took action to try to stop models who have BMIs below a specific number from working and/or require a warning on photoshopped images (that modify models to make them appear thinner). The Authors of this article (“Authors”) created a term to apply to this newly developing area of law: Body Image Law. The Authors argue that there are some areas in which the actions that governments took in Body Image …
Carnival Cruise Ships In South Carolina: Nuisance And Cruise Control, William H. Yarborough
Carnival Cruise Ships In South Carolina: Nuisance And Cruise Control, William H. Yarborough
South Carolina Law Review
No abstract provided.
New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi
New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi
The International Lawyer
No abstract provided.
“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil
“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Be The Change, James R. Silkenat
Investing In Health Care: What Happens When Physicians Invest And Why The Recent Changes To The Patient Protection And Affordable Care Act Fail To Protect Patients From Their Physicians’ Self-Interest, Nancy L. Zisk
Seattle University Law Review
This Article considers possible ways to protect a patient’s interest in receiving care and advice that reflects solely what is in the patient’s best interest and not what might be in the interest of his or her physician’s financial health. Part II reviews the importance of trust in the physician–patient relationship and examines how that relationship is affected by the conflict of interest that arises between patients and their physicians who own the medical facilities, devices, and treatment services prescribed. Part III examines the ethical and statutory restrictions that have been and are currently imposed on physicians who own facilities …
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Seattle University Law Review
To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …
Do Embryos Have Constitutional Rights: Doe V. Obama, Sara I. Salehi
Do Embryos Have Constitutional Rights: Doe V. Obama, Sara I. Salehi
South Carolina Law Review
No abstract provided.
The Global H1n1 Pandemic, Quarantine Law, And The Due Process Conflict, Gregory P. Campbell
The Global H1n1 Pandemic, Quarantine Law, And The Due Process Conflict, Gregory P. Campbell
San Diego International Law Journal
This comment argues that the CDC should develop a uniform due process standard to govern all quarantine procedures in the United States and then recommend that the standard be adopted by the WHO for incorporation into the IHR. Specifically, the standard should include: (1) a finding by a health professional that an individual poses a significant risk of spreading a contagious disease; (2) a quarantine order by a judicial authority or fact finder based on clear and convincing evidence that an individual poses a serious health risk; (3) an opportunity for a hearing and the right to appeal a quarantine …
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg
South Carolina Law Review
No abstract provided.
Moore V. Williamsburg Regional Hospital, Andrew R. Deholl
Moore V. Williamsburg Regional Hospital, Andrew R. Deholl
South Carolina Law Review
No abstract provided.