Health Law and Policy Commons^™

International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson

University of Miami Inter-American Law Review

The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

The Fate Of The Advancing American Kidney Health Initiative In A Biden Administration, Seth Shepherd

Journal of the National Association of Administrative Law Judiciary

This article analyzes the Biden Administration’s healthcare priorities, contrasts them with those of the Trump Administration, discusses how Presidential administrations determine whether to continue policies, and examines the proper procedures for continuing previous administration policies. This article will then examine whether the Initiative will have a place in the Biden Administration’s healthcare policy. Part II considers Biden’s overall approach to healthcare. Part III discusses what the Trump Administration’s healthcare policy accomplished. Part IV dissects the Initiative and begins a discussion regarding its effectiveness. Part V explores an administration’s decision-making process regarding retention or rejection of a previous administration’s policies and …

To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim

Journal of the National Association of Administrative Law Judiciary

While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …

Comparative Laws In Public Health Unmasked, Christine Chasse

University of Miami International and Comparative Law Review

The COVID-19 pandemic lay bare the vulnerabilities of some countries’ public health responses and praise for others. Comparative law review in public health responses may glean lessons for the United States. For example, the United States had not had a pandemic of this magnitude in over a century and was reluctant to institute early masking policies. Meanwhile, the world raced for a COVID-19 vaccine. This begs the question of who will take the vaccine. Will—or can—governments force their citizens to be inoculated? Global comparisons in personal liberty, freedom, bodily autonomy, and how to parent intersect at the right to (or …

Immunization And Indemnification: Rethinking The Us Approach To Liability Protections For Vaccine Manufacturers During The Covid-19 Pandemic, Samantha Topper Berns

University of Miami International and Comparative Law Review

This note analyzes the legal mechanisms in the United States that provide compensation for vaccine injuries sustained as a result of inoculation against pandemic viruses when a public health emergency has been declared. While the United States has an every-day compensation scheme that deters litigation by providing just compensation yet upholds the right of injured parties to seek damages in court, it has a special compensation scheme applicable to vaccines developed to address public health emergencies that bars litigation by effectively providing vaccine manufactures with complete indemnification and severely restricts the ability of injured parties to receive compensation. Meanwhile, in …

Law School News: Professor Of The Year 2022: Brittany Reposa 05/19/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Brief Of Amici Curiae Catholic Medical Association And Coptic Medical Association Of North America In Support Of Appellees, Eric N. Kniffin, John A. Meiser, Francesca M. Genova

Court Briefs

No. 2021CA1855
Barbara Morris v. Centura Health Corporation

Appeal from: Colorado District Court, Arapahoe County Case No. 2019CV31980 (Hon. Peter Frederick Michaelson)

From the Summary of Argument

At its core, this case concerns a religious hospital’s right to provide care in accordance with its faith commitments. Centura Health is a Christian healthcare system that is composed of Catholic and Seventh-day Adventist hospitals, including St. Anthony Hospital, the Catholic Hospital for which Dr. Morris worked. In service of their religious mission, Centura Health and St. Anthony Hospital (collectively, “Centura”) require their doctors to abide by the Ethical and Religious Directives for …

Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte

University of Cincinnati Law Review

No abstract provided.

Ensuring Health Security Of (Covid-19) Innovative Vaccines In The Light Of The Algerian And Comparative Legislations, Dr. Abdelmoumen Abid

UAEU Law Journal

Although the Corona Virus Pandemic has stimulated Innovation, Research and Development to explore potential Vaccines; however, the expeditious launch of any of these products in the Markets should not be done at the expense of Patient Safety. So, this paper focuses on understanding how Health Laws and Regulations interfere in order to protect the Patients Health Security and peoples who exposed to future (COVID19) Vaccinations, and that's in different Health Systems; we starting with the US health system, passing through the Algerian health system, reached to the European health system. Keywords:

Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai

Shorter Faculty Works

Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.

Not Quite What The Doctor Ordered: The Third Circuit Pulls The Plug On Objective Falsity In United States Ex Rel. Druding V. Care Alternatives, Jenna L. Schaffer

Villanova Law Review (1956 - )

No abstract provided.

A Rapid And Accurate Pcr Test For Constitutionality Of Covid-19 Vaccine Mandates: The Appropriate Standard Of Review Adopted By Klaassen V. Trustees Of Indiana University, Natalie Anderson

Villanova Law Review (1956 - )

No abstract provided.

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.

A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler

Commonwealth Policy Papers

Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural areas …

Ovarian Tissue Cryopreservation: A Window Into The Reproductive Justice Concerns Underlying Assisted Reproductive Technologies, Caitlyn Pesavento

Connecticut Law Review

More regulatory framework is needed for assisted reproductive technologies. Taken together, the high costs of fertility treatment, lack of widespread insurance coverage, and social perceptions of motherhood make it nearly impossible for women from traditionally marginalized backgrounds to collectively overcome barriers of access to fertility treatments. Viewing the ovarian tissue cryopreservation procedure through a reproductive justice framework illustrates an inherent dichotomy between increasing availability and increasing access to assisted reproductive technologies. This Comment explores the current regulation—or lack thereof—of assisted reproductive technologies; advocates for the regulation of ovarian tissue cryopreservation by the U.S. Food and Drug Administration; scrutinizes the failings …

Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights, Laura C. Hoffman, Zachary E. Shapiro, Allison Rabkin Golden, Gregory E. Antill, Katherine Fang, Chaarushena Deb, Elizabeth Clarke, Alexis Kallen, Hanya M. Qureshi, Kai Shulman, Caroline V. Lawrence, Megan S. Wright, Joseph J. Fins

Law Faculty Articles and Essays

The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with serious brain injuries, this Article aims to provide insight into the shortcomings of the ADA, specifically focusing on lackluster enforcement of the legislation and its failure to incorporate promising new technologies. These limitations of the ADA are made even more clear in light of the evolution occurring in the understanding of rights and capabilities. As such, the …

Narrative Capacity, James Toomey

Elisabeth Haub School of Law Faculty Publications

The doctrine of capacity is a fundamental threshold to the protections of private law. The law only recognizes private decision-making—from exercising the right to transfer or bequeath property and entering into a contract to getting married or divorced—made with the level of cognitive functioning that the capacity doctrine demands. When the doctrine goes wrong, it denies individuals, particularly older adults, access to basic private-law rights on the one hand and ratifies decision-making that may tear apart families and tarnish legacies on the other.

The capacity doctrine in private law is built on a fundamental philosophical mismatch. It is grounded in …

Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann

William & Mary Journal of Race, Gender, and Social Justice

Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …

Emergency Use Authorizations In The Time Of Coronavirus, Laura Kent-Jensen

Utah Law Review

When COVID-19 first emerged in the United States, the pandemic sparked a rush to provide protective gear, develop tests to detect the disease, and implement effective containment strategies to stop the spread. The Food and Drug Administration (FDA) used its Emergency Use Authorization (EUA) process to facilitate the rapid market introduction of medical devices (authorized but unapproved) to combat the emergent public health threat. Unfortunately, performance problems with some medical devices stymied initial containment efforts, arguably resulting in greater spread and suggesting a need for improvement in the EUA process.

By reviewing the statutory requirements of the EUA process, this …

“Categorically Unsafe” To Donate, Marielle Forrest

Utah Law Review

Plasma donation centers routinely adopt policies that preclude individuals with mental illnesses from donating blood plasma. While plasma donation centers assert that their policies are motivated by employee and customer safety, such safety concerns are unsubstantiated. These policies are based on speculation and stereotypes, rather than scientific evidence. But discrimination against people with mental illness is only unlawful if perpetrated by an entity subject to the Americans with Disabilities Act (“ADA”), and circuit courts are split on whether blood plasma donation centers fall within the ADA’s parameters. In 2016, the Tenth Circuit held that blood plasma donation centers are “service …

Healthcare Law, Kathryn Dunnam Harden

Mercer Law Review

This Article serves as a review of significant healthcare developments in the United States Court of Appeals for the Eleventh Circuit during this past Survey period. Specifically, this Article will cover cases, legislation, and trends involving COVID-19, healthcare fraud, and reproductive rights.

Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell

William & Mary Law Review

Part I of this Note details the discovery of Truvada for PrEP [pre-exposure prophylaxis] and the ongoing patent infringement litigation brought by HHS [United States Department of Health and Human Services], discusses the patents currently held by CDC and Gilead, and examines the shortcomings of infringement litigation as a means to expand access to the drug. Part II analyzes the mechanism of march-in rights under the Bayh-Dole Act and discusses two previously attempted applications for the HIV-management drug ritonavir to demonstrate why march-in rights will always fail to expand access to life-saving medications or reduce costs to consumers. Part III …

Covid-19’S Impact On Dental Practice: Managing With Less Support, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial explores the impact of COVID-19 on dental practice, focusing on the challenges of managing with reduced support due to workforce shortages. The author shares personal experiences highlighting broader workforce realities, including stress, compensation concerns, and a desire for work-life balance contributing to the "Great Resignation." The dental field, already facing shortages, witnesses increased competition for skilled professionals, with corporate dentistry exacerbating the situation. The editorial discusses potential solutions, such as revising delegation rules, addressing relicensure barriers, and advocating for higher education funding. The lasting changes in dental practice administration and patient care delivery post-COVID-19, including potential shifts in …

Dentistry And The Law: What Is Illegal About Disclosing Fee Schedules?, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column addresses the question of disclosing fee schedules by dental plans. The author clarifies that dental plans often withhold fee schedule information, citing potential antitrust violations or illegality. However, the column asserts that this is an excuse rather than a legal constraint. The author explains that disclosing fee schedules does not violate antitrust laws; violations occur through agreements that unreasonably restrain competition. The reluctance of dental plans to disclose fee information is attributed to business objectives, not legal concerns. Dentists are encouraged to request fee schedules to make informed decisions about network participation, with a …

J Mich Dent Assoc May 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this May 2022 issue, the reader will find the following original content:

• A feature on “Periodontal Disease and COVID-19"
• A cover feature introducing Dr. Vince Benivegna 2022-23 MDA President
• A 10-Minute EBD: “Charcoal Toothpastes Pose Risks with Few Benefits”
• A Professional Ethics article on “How Can Our Office be More Inclusive of Transgender Patients”
• News you need: an Editorial, a profile on Dr. Jessica Rikert, recipient of the …

10-Minute Ebd: Charcoal Toothpastes Pose Risks With Few Benefits, Kelly Lemke Dds, Ms

The Journal of the Michigan Dental Association

The rising popularity of charcoal toothpaste, fueled by social media influencers and claims of teeth-whitening benefits, prompts an investigation into its effectiveness and potential risks. The article explores the evidence through a PICO (Population, Intervention, Comparison, Outcome) question focused on patients seeking whiter teeth. A literature review reveals limited scientific validation for the cosmetic or health benefits of charcoal-containing oral products. The abrasiveness of charcoal toothpaste poses risks, potentially leading to enamel loss, dentin exposure, and hypersensitivity. Lack of fluoride in many charcoal toothpaste formulations raises concerns about caries risk. The article emphasizes the importance of dental providers conducting due …

Staff Matters: Employees On Military Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses an employer's concern about an employee being deployed for military service and explores options for managing the situation. The response emphasizes the application of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). The article highlights that USERRA, applicable to all employers regardless of size, mandates unpaid leave for military service members and outlines re-employment rights. Practical suggestions for coping with the absence, including hiring temporary staff and having a clear policy in the employee handbook, are provided. The column also hints at future articles …

Periodontal Disease And Covid-19, Zhaozhao Chen Dds, Ms, Phd, Laurie K. Mccauley Dds, Ms, Phd, Purnima S. Kumar Bds, Ms, Phd, Hom-Lay Wang Dds, Ms, Phd

The Journal of the Michigan Dental Association

As the gateway to the respiratory system, the oral cavity can play an essential role in SARS-CoV-2 invasion and transmission. Besides high expression of angiotensin‐converting enzyme 2 (ACE2), the oral cavity can harbor viral particles in saliva, gingival crevicular fluid, and the periodontal pocket. Microbial and inflammatory associations closely link periodontitis and COVID-19. In this review, we summarize the possible oral manifestations of COVID‐19, its association with periodontal diseases, the plausible underlying mechanisms of microbial and inflammatory crosstalk between COVID‐19 and periodontal diseases, and mitigation protocols during periodontal treatment.

The Reckoning: The Return Of Genomic Results To 1444 Participants Across The Emerge3 Network, Ellen W. Clayton, Kathleen A. Leppig, Et Al.

Vanderbilt Law School Faculty Publications

The goal of Electronic Medical Records and Genomics (eMERGE) Phase III Network was to return actionable sequence variants to 25,084 consenting participants from 10 different health care institutions across the United States. The purpose of this study was to evaluate system-based issues relating to the return of results (RoR) disclosure process for clinical grade research genomic tests to eMERGE3 participants.