Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Medical Jurisprudence (89)
- Constitutional Law (33)
- Torts (32)
- State and Local Government Law (31)
- Food and Drug Law (29)
-
- Medicine and Health Sciences (29)
- Insurance Law (28)
- Science and Technology Law (25)
- Supreme Court of the United States (25)
- Criminal Law (21)
- Civil Rights and Discrimination (18)
- Courts (14)
- Labor and Employment Law (13)
- Law and Race (13)
- Legislation (13)
- Bioethics and Medical Ethics (11)
- Disability Law (10)
- Fourteenth Amendment (10)
- Law and Psychology (10)
- Law and Gender (9)
- Consumer Protection Law (8)
- Family Law (8)
- Social and Behavioral Sciences (8)
- Mental and Social Health (7)
- Public Health (7)
- Contracts (6)
- Intellectual Property Law (6)
- Elder Law (5)
- Keyword
-
- Health insurance (25)
- Healthcare (23)
- Abortion (15)
- Legislation (15)
- Health care reform (13)
-
- COVID-19 (12)
- Malpractice (12)
- Health law (11)
- Medicare (11)
- Ohio (11)
- Ohio law (11)
- Health care (10)
- Medical malpractice (10)
- Mental illness (10)
- Negligence (10)
- Damages (9)
- Medicaid (9)
- Mental health (9)
- Patient rights (9)
- Ethics (8)
- HIV (8)
- Liability (8)
- Reproductive rights (8)
- Consent (7)
- Duty of care (7)
- Americans with Disabilities Act (ADA) (6)
- Antitrust (6)
- Discrimination (6)
- Dobbs (6)
- Health care fraud (6)
- Publication Year
- Publication
- Publication Type
Articles 211 - 240 of 457
Full-Text Articles in Health Law and Policy
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Journal of Law and Health
This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …
Reverse Pre-Empting The Federal Arbitration Act: Alleviating The Arbitration Crisis In Nursing Homes, Jana Pavlic
Reverse Pre-Empting The Federal Arbitration Act: Alleviating The Arbitration Crisis In Nursing Homes, Jana Pavlic
Journal of Law and Health
In Casarotto, the Supreme Court enunciated that Montana's notice requirement conflicted with the "goals and policies of the FAA." The inequities associated with the process of pre-dispute arbitration agreements in nursing homes, however, confirm that the FAA's "goals and policies"' conflict with "accepted principles of contract law"' in this context. Long standing principles of contract law that predate the FAA, as well as basic human morality, should supersede the interests of efficiency and convenience purportedly served by the general enforceability of the statute. State case law as well as attempted state legislation already evince an underlying public policy to protect …
The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini
The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini
Journal of Law and Health
Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …
The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian
The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian
All Maxine Goodman Levin School of Urban Affairs Publications
This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article proceeds as follows. Part I describes the birth of the major questions exception in MCI and Brown & Williamson and the death of the exception in Massachusetts. Part II identifies the three forms of the major questions rule that the Court and the literature have proposed to date and rejects all three, concluding that the rule ought not to be reincarnated if it cannot also be reformed. Part III proposes the noninterference form of the Chevron exception, demonstrating its foundations in the history of the major questions cases and demonstrating its similarities to other noninterference rules. Part IV …
Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer
Journal of Law and Health
This note will first give an overview of prescription stimulants and will then explore the prevalent number of students who illicitly take prescription stimulants to enhance their academic performance. A description of how illicit use can be harmful to a student follows, and thereafter the note describes the scant current safeguards that currently exist against the use of illicit prescription stimulants. An explanation of the importance of standardized test scores to admissions follows, along with a description of how this importance has motivated students to seek an unfair competitive edge through illicit drug usage, which happens in many sporting competitions. …
Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue
Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue
Journal of Law and Health
This paper proposes one possible avenue for defining a framework to address body parts. I begin with the presumption that given the increasing use of body parts outside of our bodies, either after death or during life, society requires a framework with institutions and rules to govern our body parts. Yet there is no settled framework. Much of the controversy over differing approaches stems from whether people should be able to sell body parts. Thus, each potential framework implicitly addresses the question of monetary value. While multiple possibilities exist, the predominant models are (1) property, most often meaning ownership that …
Immunizing Against Addiction: The Argument For Incorporating Emerging Anti-Addiction Vaccines Into Existing Compulsory Immunization Statutes, Alexis Osburn
Cleveland State Law Review
This paper discusses the legal ramifications of incorporating anti-addiction vaccines into a state's existing compulsory immunization scheme. Part II explains the neurobiological and physiological factors that make addiction a medical disease and discusses the mental and physical damage caused by illicit drug use. It also introduces the reader to anti-addiction research and explains how anti-addiction vaccines work. Part III provides the reader with a brief history of state-mandated vaccination requirements, including a discussion of the leading cases that govern compulsory vaccination requirements. Part IV advocates for the amendment of state-mandated immunization statutes to include anti-addiction vaccines. It analyzes two tests …
Violence, Fear, And Jason's Law: The Needless Expansion Of Social Control Over The Non-Dangerous Mentally Ill In Ohio, Jessica L. Mackeigan
Violence, Fear, And Jason's Law: The Needless Expansion Of Social Control Over The Non-Dangerous Mentally Ill In Ohio, Jessica L. Mackeigan
Cleveland State Law Review
Ohio House Bill 299, known as Jason's Law in memory of Officer Jason West, proposes involuntary outpatient care for treatment resistant mentally ill individuals. Jason's Law should not be enacted as written because it will compel respondents to adhere to outpatient treatment based upon predictions of future danger to self or others rather than findings of imminent danger or incompetence, it will remove treatment flexibility currently guaranteed by Ohio law by extending the duration of treatment and limiting a treatment provider's discretion, it will compel the use of unproven medication over the objections of a presumably competent individual without requiring …
Revealing Your Sources: The Case For Non-Anonymous Gamete Donation, Michelle Dennison
Revealing Your Sources: The Case For Non-Anonymous Gamete Donation, Michelle Dennison
Journal of Law and Health
This article argues that both legislating the end of anonymous gamete donation and allowing current children of anonymous gamete donation the ability to access identifying information about their donors is in the best interests of all parties involved in the donation process. Recipient-parents and donor-conceived children will benefit from having increased access to their donor's health information. Records access, including access to a donor's identifying information, will help donor-conceived children avoid potential incest and what is sometimes termed in adoption cases "genealogical bewilderment." Finally, banning anonymous donation will give potential gamete donors the ability to make a truly informed decision …
A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso
A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso
Journal of Law and Health
The trend in coping with these rising Medicare costs has been to increase the role that private insurance plays in providing coverage for Medicare recipients. Much of this movement towards an increased "privatization" of Medicare has been born of the belief that the private sector of health care insurance coverage has been made more efficient by existing market forces and will provide a way to both continue providing health care to elderly Americans while containing Medicare costs through these increased efficiencies as exemplified through the managed care model. This premise will be further explored in this article. First, this article …
The Role Of The Federal Government In Overseeing Medical Research, Gil Van Bokkelen
The Role Of The Federal Government In Overseeing Medical Research, Gil Van Bokkelen
Journal of Law and Health
The United States enjoys a unique position among the world community in a number of respects. Although it is not the largest or most populated country in the world, the United States is considered one of the wealthiest. Our significant national wealth affords us with some interesting opportunities. In particular, it allows us to devote a portion of those resources towards causes that we as a nation feel are worthy and significant. For example, such causes include charitable aid programs, in the name of promoting global economic development and world peace. The United States leads in this category as well, …
The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross
The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross
Journal of Law and Health
Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …
American Diagnostic Radiology Moves Offshore: Is This Field Riding The "Internet Wave" Into A Regulatory Abyss?, Archie A. Alexander Iii
American Diagnostic Radiology Moves Offshore: Is This Field Riding The "Internet Wave" Into A Regulatory Abyss?, Archie A. Alexander Iii
Journal of Law and Health
Recent trends in the American workplace are suggesting that outsourcing is becoming more commonplace, and currently no job or its work product may be safe from outsourcing. American blue-collar workers are certainly not surprised by these trends because they have experienced outsourcing related job losses since the early 1970s. Even those white-collar jobs traditionally considered immune to outsourcing pressures, such as those held by medical specialists, are now threatened. Most workers know outsourcing as a process whereby a domestic firm transfers some portion of their work product or a job to a different firm that resides either onshore in America …
American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri
American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri
Journal of Law and Health
International reading of medical imaging studies, or offshore teleradiology, has been a successful, though limited, practice benefiting patients and physicians for over a decade. Domestic and international market forces will continue to expand the demand for teleradiology as an important complement to United States based diagnostic radiology, though a full exodus of diagnostic reading to offshore sites is unlikely and inappropriate. Considerable obstacles remain to taking the teleradiology market to scale; however, barriers related to licensure, liability, quality assurance, and reimbursement will likely yield to market forces to be resolved in recognition of the significant benefits teleradiology offers to consumers …
Restricting Access To Unapproved Drugs: A Compelling Government Interest , Peter M. Currie
Restricting Access To Unapproved Drugs: A Compelling Government Interest , Peter M. Currie
Journal of Law and Health
The prospective review and approval of drugs is central to the public health mission of the United States Food and Drug Administration (FDA). Requiring pharmaceutical manufacturers to generate information about their products' safety and efficacy enables the agency to evaluate the risks and benefits associated with their use, thereby preventing overly harmful products from reaching the market. The majority of consumers benefit from this intervention by gaining access to an array of drugs that are proven to be safe and effective. Thus, governmental regulation in this area is arguably justified because the aggregate social welfare is substantially improved. However, this …
Payments To Medicaid Doctors: Interpreting The “Equal Access” Provision, Abigail R. Moncrieff
Payments To Medicaid Doctors: Interpreting The “Equal Access” Provision, Abigail R. Moncrieff
Law Faculty Articles and Essays
This Comment analyzes the circuit split that has arisen as courts have confronted challenges to Medicaid payments. Part I provides background on the Medicaid program and the circuit split, and it identifies and explicates two competing rules for measuring adequacy of Medicaid payments: the Fifth and Seventh circuits' "access metric" and the Ninth Circuit's "cost metric." Parts II and III identify problems with these two rules, and criticizes them as inconsistent with the statute's text, purpose, and intent. Part IV proposes a new rule, an "MCO metric," and explains why that rule is the best interpretation of Medicaid's reimbursement provision.
Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller
Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller
Journal of Law and Health
Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a …
How We Die: A New Prescription, Martin Bienstock
How We Die: A New Prescription, Martin Bienstock
Journal of Law and Health
The dawn of the twenty-first century brought with it a profound change in the way we experience death. Until the last decades of the twentieth century, our bodies died all at once: when the heart kidneys, lungs, or brain failed, the body's other organs failed with them. Modern medicine now allows us to die in pieces, with failing organs supported or supplanted by technology. Modern death is different not only biologically, but also sociologically. Until the twentieth century, death was a private event that took place in the home with the family. It offered one final opportunity for family members …
Book Review: Neither Kin Nor Kind: The Peculiar Ties That Bond Organ Donors, Their Families And Transplant Recipients, Bradley T. Miller
Book Review: Neither Kin Nor Kind: The Peculiar Ties That Bond Organ Donors, Their Families And Transplant Recipients, Bradley T. Miller
Journal of Law and Health
Reviewing Strange Harvest: Organ Transplants, Denatured Bodies, and the Transformed Self by Leslie A. Sharp, Berkeley, Cal., University of California Press, 2006.
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
Journal of Law and Health
According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United State's total population. . . Unfortunately, even though the First Amendment of the United States Constitution was designed on our founders' beliefs that religious freedom …
Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga
Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga
Journal of Law and Health
Mary Stephenson, a fifty-nine-year-old grandmother, visited dozens of counselors and experienced with an array of antidepressants but nothing worked to curb her suicidal feelings. Janie McDowell, a fifty-six-year-old housewife, suffered from hand tremors, leg-muscle spasms, recurring nausea, chronic bladder and kidney infections, severe depression, short-term memory loss, and slurred speech. Freya Koss, a former event planner, experienced dizziness and double vision. Physicians misdiagnosed Koss with lupus, multiple sclerosis, and, finally myasthenia gravis. The common theme among these medical tragedies is that the above victims all returned to being healthy, active adults after the removal of their mercury amalgam dental fillings. …
The Current State Of Advance Directive Law In Ohio: More Protective Of Provider Liability Than Patients Rights, Marie Ortman
The Current State Of Advance Directive Law In Ohio: More Protective Of Provider Liability Than Patients Rights, Marie Ortman
Journal of Law and Health
Ohio has adopted the Modified Uniform Rights of the Terminally Ill Act which governs the use and execution of written advance directives as expressions of a patient's desire to consent to or refuse future medical treatment. However, the Act also includes a provision that grants both civil and criminal immunity to health care providers who do not comply with a person's written advance directive. Unfortunately, because of the grant of civil and criminal immunity encompassed within the adopted written advance directive statutes, Ohio law today does not afford any greater protection of a patient's right to refuse medical treatment at …
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Journal of Law and Health
Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Journal of Law and Health
Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …
Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia
Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia
Journal of Law and Health
The fact of the matter is that residency laws often force all registered sex offenders to pay the price for a few high-profile cases and the public's fear and beliefs regarding sex offenders is often misguided and not well-founded. Sex offender residency laws may actually increase recidivism rates while placing unjustified burdens on sex offenders and their family members. Furthermore, because these laws target stranger perpetrators, they do not prevent the majority of sex crimes committed by acquaintances or family members of the victim. This results in parents being lulled into a false sense of security that their children are …
One And Done: How Ohio's One-Year, Nonrenewable Visiting Medical Faculty Certificate Is Harming The State's Economic Recovery, Austin Mcguan
One And Done: How Ohio's One-Year, Nonrenewable Visiting Medical Faculty Certificate Is Harming The State's Economic Recovery, Austin Mcguan
Journal of Law and Health
As this hypothetical illustrates, the one-year, nonrenewable Visiting Faculty Certificate harms Ohio. Not only does it drive highly-qualified doctors from the state, but it also discourages them from coming to Ohio. In recent years, Ohio has lost thousands of jobs as major corporations and government entities have left the state, but it also discourages them from coming to Ohio. In recent years, Ohio has lost thousands of jobs as major corporations and government entities have left the state. Meanwhile, Ohio has been trying to correct this trend by taking advantage of its universities, world-class hospitals, and research centers and moving …
In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy
Cleveland State Law Review
This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …
The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld
The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld
Journal of Law and Health
This article examines the problems currently associated with the practice of telemedicine and suggests that the best solution for this particular field of medicine is a national standard of care. This article also suggests that the Food and Drug Administration's (FDA) current functions are easily expandable to the telemedicine context; therefore, the agency should regulate the implementation of such a standard in the telemedicine field. This article proposes that the FDA use medical practice guidelines in developing the applicable standard. Other agencies, such as the American Medical Association (AMA) and other website alliances, could also aid the FDA in implementing …
An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio
An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio
Journal of Law and Health
This article explores the tensions between creating an effective public health system that would be able to respond to and protect against any public health threat, and protecting individuals against unnecessary intrusions on their civil liberties. It then considers approaches to this issue that might best strike a balance in a democratic society. While many Americans may recognize and even accept that greater security would entail some intrusion into individual rights, there is no formula for striking the appropriate balance. This article attempts to arrive at a workable framework by examining how the United States' public health system works. This …