Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Americans with Disabilities Act (2)
- Disability (2)
- ADA (1)
- Abortion (1)
- Anthropology of knowledge (1)
-
- Behaviour (1)
- Bioethics (1)
- Biology (1)
- COVID-19 (1)
- Competence to stand trial (1)
- Compulsion (1)
- Criminal law (1)
- Culpability (1)
- Deep-brain stimulation (1)
- Direct threat (1)
- Employment discrimination (1)
- Equality (1)
- Excuses (1)
- FMRI (1)
- Functional magnetic resonance imaging (1)
- Health (1)
- Health care workplace (1)
- Health exception (1)
- History of medicine (1)
- Informed consent (1)
- Legal history (1)
- Life exception (1)
- Mask Policies (1)
- Mechanistic analysis of the brain and the relationship to behavior (1)
- Mental disorders (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra
Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra
All Faculty Scholarship
As states reopen, an increasing number of state and local officials are requiring people to wear face masks while out of the home. Grocery stores, retail outlets, restaurants and other businesses are also announcing their own mask policies, which may differ from public policies. Public health measures to stop the spread of the coronavirus such as wearing masks have the potential to greatly benefit millions of Americans with disabilities, who are particularly vulnerable to the impact of COVID-19. But certain disabilities may make it difficult or inadvisable to wear a mask.
Mask-wearing has become a political flashpoint, putting people with …
The Americans With Disabilities Act And Healthcare Employer-Mandated Vaccinations, Y. Tony Yang, Elizabeth Pendo, Dorit Rubinstein Reiss
The Americans With Disabilities Act And Healthcare Employer-Mandated Vaccinations, Y. Tony Yang, Elizabeth Pendo, Dorit Rubinstein Reiss
All Faculty Scholarship
Battles around workplace vaccination policies often focus on the annual influenza vaccine, but many healthcare employers impose requirements for additional vaccines because of the increased likelihood that employees in this sector will interact with populations at increased risk of acquiring or experiencing harmful sequelae of vaccine-preventable diseases. The federal Centers for Disease Control and Prevention and many states recommend healthcare employees receive numerous vaccines, including measles, mumps, and rubella (“MMR”); tetanus, diphtheria, and pertussis (“Tdap”). However, recent outbreaks of once-eliminated diseases that are now resurgent and the rising antivaccination movement raise questions about how far employers can go to mandate …
The Health Exception, Monica E. Eppinger
The Health Exception, Monica E. Eppinger
All Faculty Scholarship
The abortion doctrine laid out in Roe v. Wade permits a procedure necessary to preserve the life or the health of the pregnant woman, setting out what has come to be called the “life exception” and the “health exception.” This Article investigates the background and antecedents of the health exception, identifying three periods of formation and change up to the drafting of the Model Penal Code in 1959. It argues that theories of health lie at the heart of legal doctrine, shaping common-law treatment of abortion and persisting in nineteenth- and twentieth-century statutes. This account reveals origins of a health …
Debating The Cause Of Health Disparities: Implications For Bioethics And Racial Equality, Dorothy E. Roberts
Debating The Cause Of Health Disparities: Implications For Bioethics And Racial Equality, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
New Therapies, Old Problems, Or, A Plea For Neuromodesty, Stephen J. Morse
New Therapies, Old Problems, Or, A Plea For Neuromodesty, Stephen J. Morse
All Faculty Scholarship
This article suggests that investigational deep brain stimulation (DBS) for mental disorders raises few new bioethical issues. Although the scientific basis of the procedure may be both complex and largely unknown, addressing informed consent in such situations is a familiar problem. After reviewing the legal and moral background for investigating DBS and the scientific difficulties DBS faces as a potential treatment for mental disorders, the article focuses on informed consent and makes two primary suggestions. The study of DBS may proceed, but "hyper-disclosure" of the complexities should be required for competent subjects or proper surrogates if the candidate is not …
Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse
Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse
All Faculty Scholarship
The rapid expansion in neuroscientific research fuelled by the advent of functional magnetic resonance imaging [fMRI] has been accompanied by popular and scholarly commentary suggesting that neuroscience may substantially alter, and perhaps will even revolutionize, both law and morality. This essay, a contribution to, Law and Neuroscience (M. Freeman, Ed. 2011), will attempt to put such claims in perspective and to consider how properly to think about the relation between law and neuroscience. The overarching thesis is that neuroscience may indeed make some contributions to legal doctrine, practice and theory, but such contributions will be few and modest for the …