Law Commons^™

Texas Heartbeat Act Poses Threat To The Future Of Abortion Access, Kodie Mcginley

GGU Law Review Blog

As the abortion debate in the United States has grown increasingly tense over the recent years, a newly enacted Texas law could lay the groundwork for a national trend of restrictive abortion laws. SB 8, also known as the Texas Heartbeat Act, was first signed by Texas Governor Greg Abbott in May 2021, and came into effect on September 1st. The Texas Heartbeat Act is not the only recent bill that attempts to challenge Roe v. Wade. In 2018, Mississippi passed the Gestational Age Act, which bans abortions after 15 weeks of pregnancy. The Texas Heartbeat Act is even …

Biden’S Vaccination Mandate Plan: A Scatter-Shot Of Legal Solutions, Spencer Sellers

GGU Law Review Blog

The current COVID-19 pandemic is dominated by one trait. Data shows that nearly all COVID-19 related deaths in the United States are suffered by people who are not vaccinated. Hospitalizations are similarly unbalanced, with unvaccinated patients making up between 95% to 99.9% of the population of COVID-19 patients in hospitals.

In response, on September 9, 2021, President Joe Biden announced an action plan addressing the COVID-19 pandemic. The first part of the plan focused on increasing the population of domestically-vaccinated individuals. This first part of the plan can be divided into five policy goals. Four of those plan’s policy goals …

Reimagining Criminal Justice: How We Traded Out Asylums For Prisons, Zaynah Zaman

Reimagining Criminal Justice

The criminal justice system fails to adopt alternative mental health reforms better equipped to handle mental health crises rather than placing the mentally ill in institutions that have proven to worsen their illness. The criminalization of mental illness must end, says Zaynah Zaman, a student at Golden Gate University School of Law.

Water Contamination Ruining The Nation: How The Lead Water Crisis Disproportionately Affects Children Of Color, Annissa Allen-Gore

Environmental Law Journal blog

Lead contamination of drinking water continues to impact children in communities of color. This article provides an overview of the key laws and regulations designed to prevent toxic lead exposure, identifies important factors that have limited the effectiveness of these laws, and makes recommendations concerning possible solutions. Additionally, this article explores the progress being made by efforts to protect children in hot spots like Flint, Michigan and Newark, New Jersey, and identifies resources for people in other communities that may be facing similar issues due to aging infrastructure.

Covid-19: Enough About Humans, What About The Animals?, Kristen Tabone

Environmental Law Journal blog

This article will provide examples of how zoo animals and domestic animals around the world have both benefited and suffered during this pandemic, and the actions taken by their caregivers to protect them from the adverse impacts of COVID-19. It will then examine how the provisions of the Animal Welfare Act (AWA) and the PREPARED Act, have both failed to protect zoo animals. This article will also examine how the PETS Act and other legislation enacted during COVID-19 have better protected domestic animals during this time, and how the PREPARED Act would be a beneficial addition to the PETS Act …

Hiv Is Not A Crime, There Should Be No Jail Time, Bacilio Mendez Ii

GGU Law Review Blog

By way of personal, activist narrative, this blog post will provide broad context to the post-Stonewall legal landscape and the gay rights (now, the LGBTQ+) movement. The stage set, the writer will inform the audience of specific injustices brought upon persons living with HIV, during modern times, in the United States, simply based on their serostatus and offer solutions and actions that readers can take themselves.

This article includes links to State-by-State Statutory Information and several embedded video interviews, as well as an extensive bibliography.

Blockchain Is The Key To Facilitating The Healthcare System, Andrea Ortega

Blockchain Law

The healthcare industry is one of the world’s largest industries, accounting for 17.7% of the United States Gross Domestic Product (GDP). Unsurprisingly, the health spending share is projected to rise from 17.7 percent, as reported in 2018, to 19.7 percent by 2028. The U.S. spends more on healthcare than any other country in the world. Being that we spend the most on healthcare, one would assume that we are the healthiest nation in the world. Unfortunately, despite the highest spending, “Americans experience worse health outcomes than [our] international peers.”

It is time for the United States to take appropriate measures …

Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson

GGU Law Review Blog

COVID-19 has resulted in the destabilization of several aspects of human society, which may potentially cause an influx in litigation in certain practice areas such as employment, healthcare, and contract law. Although the legal effects of the pandemic have yet to be seen in their entirety, having knowledge of the potential legal issues better prepares individuals and businesses in dealing with this increased risk of litigation and could possibly help mitigate the circumstances caused by this viral, unprecedented attack on humanity.

No Choice: At The Crossroads Of Poverty And Decreasing Abortion Access, Marja-Leena Aaltonen

Poverty Law Conference & Symposium

This paper will briefly review a portion of current abortion law in the United States and then focus on the problem through a lens of poverty with regard to access. Then the discussion will turn to lawmakers’ and religious interests’ interference in family planning decisions. Finally, I offer two steps toward making abortion more accessible to all but especially toward mitigating the costs of accessing abortion.

Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy

Publications

This article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act, adopted in …

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Publications

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …

2015-16 Legislative Summary, Assembly Committee On Health

California Agencies

No abstract provided.

Paging Dr. Derrida: A Deconstructionist Approach To Understanding The Affordable Care Act Litigation, Laura A. Cisneros

Publications

Sovereignty federalism and cooperative federalism represent the two dominant federalism narratives among Supreme Court justices and scholars. The Court consistently invokes formal protections to safeguard the states' right to preside over their own empires.' Sovereignty scholars tend to embrace this dualistic vision of federalism that locates federalism's success in the state's ability to exercise supreme policymaking authority within its own sphere of influence without federal interference. By contrast, academics that lean toward cooperative federalism locate the states' power in their position as federal servants, not separate sovereigns. Scholars have commented that even though these academics tend to resist the rigid …

Sex Trafficking In Massage Parlors: Working Out The Knots In The San Francisco Health Code, Joanne Badua

GGU Law Review Blog

No abstract provided.

Racial And Ethnic Health Disparities: A Review Of Selected State Programs, California Research Bureau

California Agencies

No abstract provided.

Review Of The Federal Department Of Justice Investigation Of California State Mental Hospitals, Senate Select Committee On Developmental Disabilities And Mental Health

California Senate

Today we are going to be talking about the investigations in our state hospital system by the United States Department of Justice. In both their reviews of the children's and adult programs at Metropolitan State Hospital in Southern Califomia, as well as the more recent review in Napa State Hospital, the Department of Justice found significant and substantial deficiencies in virtually every aspect of patient care. Sadly, this is not the first time such concerns have been raised. And sadly and alarmingly, since the issuance of these reports, problems have continued, including suicides and homicide.

Additionally, as noted in the …

Medi-Cal Funded Induced Abortions 2001, Department Of Health Services

California Agencies

This report provides summary data on the number of fee-for-service Medi-Cal funded abortions performed during 2001, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. Only abortion claims received and processed for date-of-service January through December 2001 are included in this report. The term fee-for-service (FFS) used throughout this report refers to these claims. The data are presented at both county and state levels. Estimates of abortions for enrollees in Health Care Plans (HCP) are included since encounter data are not yet available. A distribution by county is provided.

California & The Hiv/Aids Epidemic: The State Of The State Report Through 2000, Health & Human Services Agency

California Agencies

No abstract provided.

Medi-Cal Funded Induced Abortions 2000, Department Of Health Services

California Agencies

This report provides summary data on the number of fee-for-service Medi-Cal funded abortions performed during 2000, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. Only abortion claims received and processed for date-of-service January through December 2000 are included in this report. The term fee-for-service (FFS) used throughout this report refers to these claims. The data are presented at both county and state levels. Estimates of abortions for enrollees in Health Care Plans (HCP) are included since encounter data are not yet available. A distribution by county is provided.

California & The Hiv/Aids Epidemic: The State Of The State Report 2001, Health & Human Services Agency

California Agencies

No abstract provided.

California & The Hiv/Aids Epidemic: The State Of The State Report 1999, California Department Of Health Services

California Agencies

No abstract provided.

Is There A Doctor In The House? Using Failure-To-Warn Liability To Enhance The Safety Of Online Prescribing, Chester S. Chuang

Publications

This Note argues that manufacturers can satisfy the duty to warn that is owed to consumers who purchase prescription medications from Internet prescribing sites by contractually obligating the websites to implement comprehensive patient information systems. Analyzing these systems under a traditional failure-to-warn liability framework will allow reputable sites to mature into reliable sources of prescription medications for consumers, while cutting off the supply of drugs to fraudulent sites without resorting to increased government regulation. Ideally, this framework wiIl force manufacturers to weigh patients' health and safety with the commercial and practical advantages of Internet prescribing.

Part I of this Note …

Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, Anthony S. Niedwiecki

Publications

This article proposes an analysis for courts to follow when faced with a Rule 35 motion to compel a party to undergo genetic testing or any other procedure that tests for a specific medical condition.

Part I explains the analysis courts generally conduct for a Rule 35 motion. Generally, courts make a factual inquiry into whether there is a need for the procedure and whether the examinee has placed his or her physical or mental condition in controversy. Rarely have courts examined the risks associated with ordering an examination. When courts do examine the risks, they continue to show a …

Criminal Penalties For Creating A Toxic Environment: Mens Rea, Environmental Criminal Liability Standards, And The Neurotoxicity Hypothesis, Colin Crawford

Publications

Recent research in brain biochemistry examining the likely neurological effects of exposure to toxic contaminants continues to demand legal consideration. In this Article, Professor Crawford evaluates the possible consequences of recent neurobiological studies-labeled "The Neurotoxicity Hypothesis" by researchers-for lawyers and the legal system. After summarizing the research, Professor Crawford suggests that as this (or similar) neurobiological research gains increased scientific acceptance, it will be necessary to reduce dramatically the acceptable levels of these toxic elements that can be discharged into the environment. He then examines the implications of such a result for establishing criminal liability under federal environmental statutes, focusing …

California & The Hiv/Aids Epidemic: The State Of The State Report 1998, California Department Of Health Services

California Agencies

No abstract provided.

Medi-Cal Funded Induced Abortions 1996, Department Of Health Services

California Agencies

This report provides summary tables on the number of fee-for-service Medi-Cal funded abortions performed during 1996, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. The data are presented on both county and state levels.

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

Publications

This symposium was called to address constitutional concerns raised by the controversy over the issue of mandatory pediatric testing, counseling and treatment for the human immuno-deficiency virus (HIV). In due course, I will turn to those concerns,' and explain my view that the need to test and treat newborns for HIV constitutes a medical emergency that overrides the most serious constitutional concerns. However, before doing so, it is helpful to put the debate in perspective, to explain what, in ABC's view, the controversy is really all about, and to indicate why our organization has so strenuously advocated mandatory pediatric HIV …

Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children's Views On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford

Publications

In my remarks today, I intend to do three things. First, I want to document the trajectory of the Association to Benefit Children's (ABC) approach to this issue, which was considerably more layered and nuanced than often characterized by the press and, certainly, by our most virulent opponents. Second, I aim to offer some reflections as to why the debate became as acrimonious as it did, and how that impeded resolution of this issue satisfactory to the widest possible number of people. Third, I hope that these reflections will provide a basis for some suggestions as to how future debate …

Interim Hearing On Multiple Chemical Sensitivity And Environmental Illness, Senate Subcommittee On The Rights Of The Disabled

California Senate

No abstract provided.

Hearing On Aids In Ethnic Minority Communities Ii: A Reassessment, Senate Committee On Health And Human Services

California Senate

No abstract provided.