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Health Law and Policy Commons

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2022

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Articles 511 - 540 of 691

Full-Text Articles in Health Law and Policy

Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene Jan 2022

Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene

American University Journal of Gender, Social Policy & the Law

The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …


Sharenting Is Here To Stay, So Now What?, Anonymous Author Jan 2022

Sharenting Is Here To Stay, So Now What?, Anonymous Author

Seattle University Law Review

This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …


A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?, Haley Westman Jan 2022

A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?, Haley Westman

Seattle University Law Review

This Note suggests a better balance between allowing sunscreen innovation and protecting the public from unsafe products. Part I of this Note will review the factual background of the public’s attention to sunscreen, explain the current sunscreen issues in the news, and highlight the different actors involved in the growing discourse surrounding sunscreen. Part I will also show that the actors involved in the sunscreen industry—scientific researchers, social media influencers, and the public at large—have considerable influence on consumers’ trust in sunscreen, their buying habits, and the FDA’s approach to sunscreen regulation. Part II of this Note will outline the …


The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton Jan 2022

The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton

UIC Law Review

No abstract provided.


The Pitfalls Of Judicial Activism During Covid-19: An Analysis Of Wisconsin Legislature V. Palm, 55 Uic L. Rev. 94 (2022), Courtney Krznarich Jan 2022

The Pitfalls Of Judicial Activism During Covid-19: An Analysis Of Wisconsin Legislature V. Palm, 55 Uic L. Rev. 94 (2022), Courtney Krznarich

UIC Law Review

No abstract provided.


June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider Jan 2022

June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider

UIC Law Review

No abstract provided.


A Tale Of Two Cities: Interpreting Racial Disparity In Enforcement Of Stay-At-Home Orders & Social Distancing Rules In New York, 55 Uic L. Rev. 485 (2022), Sarah Hopkins Jan 2022

A Tale Of Two Cities: Interpreting Racial Disparity In Enforcement Of Stay-At-Home Orders & Social Distancing Rules In New York, 55 Uic L. Rev. 485 (2022), Sarah Hopkins

UIC Law Review

No abstract provided.


Pursuing A Right To Genetic Happiness, George P. Smith Ii Jan 2022

Pursuing A Right To Genetic Happiness, George P. Smith Ii

Scholarly Articles

With the continued expansion of assisted reproductive technology (ART), and society's inability to regulate it, complex medico-legal issues and ethical and social dilemmas are arising. Although the desire to prevent or limit genetic disease by, for example, gene editing and mitochondrial transfer is noble, what has been termed the "customization" of birth, raises the fundamental issue of procreative liberty, and, more specifically, the extent to which the state is obligated to assist in the use of ART which, in turn, validate the quest for genetic happiness. There is a current notion that reproductive freedom includes, within it, a right to …


When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia Jan 2022

When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia

Human Rights Brief

Eric Warner called his older brother Hank from San Quentin State Prison almost every Sunday. Though the prison only allowed the brothers to speak for fifteen minutes each week, the two spoke about their lives. In June 2021, Eric stopped calling, and Hank became worried. Hank tried to get in touch with the prison. However, his calls were met with a dead-end voicemail each time. He recalls that he “knew, by not hearing anything, that something was not good.” The following month, prison personnel returned Hank’s calls and told him that his brother Eric had been hospitalized. Later that month, …


The Doha Declaration At Twenty: Interpretation, Implementation, And Lessons Learned On The Relationship Between The Trips Agreement And Global Health, Eric M. Solovy Jan 2022

The Doha Declaration At Twenty: Interpretation, Implementation, And Lessons Learned On The Relationship Between The Trips Agreement And Global Health, Eric M. Solovy

Northwestern Journal of International Law & Business

No abstract provided.


Locked Up And Locked Down In The Land Of Free: A Look At The United States' Prisons And Covid-19'S Disproportionate Effect On Black Americans' Right To Health, Zachary Parrish Jan 2022

Locked Up And Locked Down In The Land Of Free: A Look At The United States' Prisons And Covid-19'S Disproportionate Effect On Black Americans' Right To Health, Zachary Parrish

American University International Law Review

The United States is infamous for having a large percentage of its population in prison. Each year since 2002, the United States has reported a higher incarceration rate than any other country in the world. Another unfortunate but widely prevalent issue that the United States has is systemic racism. The combination of the United States’ struggles with systemic racism and mass incarceration makes for a disproportionately devastating impact on Black Americans. As a result, Black Americans make up a disproportionate amount of the prisoners that fill American prisons.


El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko Jan 2022

El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko

American University International Law Review

El 3 de mayo de 2020, en el marco del Día Mundial de la Libertad de Prensa, el secretario general de la Organización de las Naciones Unidas (ONU) afirmó que la desinformación se ha convertido en la “segunda pandemia”. Unos meses antes, el Director General de la Organización Mundial de la Salud (OMS) ya había señalado que “las noticias falsas se difunden más rápido y con más facilidad que el virus, y que son igual de peligrosas”. Estos fueron comentarios recurrentes durante el 2020, un año que será recordado por el estallido de una pandemia mundial sin precedentes. Teorías conspirativas …


Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis Jan 2022

Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis

Human Rights Brief

On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.


Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman Jan 2022

Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman

Faculty Scholarship

Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions—often involving contracts—systemically benefitted White Americans and institutions at the expense of African-Americans. This essay focuses on a private law mechanism—loan contracts—as one important contributor to systemic racial wealth disparities, labels particular lending contracts and related government action as breaches of the social contract, and proposes a restitution-based form of reparations as a remedy for that breach.


When Not To Ask: A Defense Of Choice-Masking Nudges In Medical Research, Susanna Mcgrew, Sarah Raskoff, Benjamin E. Berkman Jan 2022

When Not To Ask: A Defense Of Choice-Masking Nudges In Medical Research, Susanna Mcgrew, Sarah Raskoff, Benjamin E. Berkman

Journal of Health Care Law and Policy

No abstract provided.


Patient Protection And Registered Nurse Retention: Model Legislation Addressing Inadequate Registered Nurse Staffing In Hospitals, Abbey Pirie Anderson Jan 2022

Patient Protection And Registered Nurse Retention: Model Legislation Addressing Inadequate Registered Nurse Staffing In Hospitals, Abbey Pirie Anderson

Journal of Health Care Law and Policy

No abstract provided.


Navigating Legalities In Crisis Standards Of Care, James G. Hodge Jr., Jennifer L. Piatt, Rebecca Freed Jan 2022

Navigating Legalities In Crisis Standards Of Care, James G. Hodge Jr., Jennifer L. Piatt, Rebecca Freed

Journal of Health Care Law and Policy

No abstract provided.


Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt Jan 2022

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.


The Regulation Of Lab-Grown Meat Under Existing Jurisdictional Authority, Kate Sollee Jan 2022

The Regulation Of Lab-Grown Meat Under Existing Jurisdictional Authority, Kate Sollee

Journal of Health Care Law and Policy

No abstract provided.


Atkins V. Parker: Maximizing Treatments In A "Cruel World" Of Limited Resources Or Minimizing Constitutional Rights, Emily Mcgowan Jan 2022

Atkins V. Parker: Maximizing Treatments In A "Cruel World" Of Limited Resources Or Minimizing Constitutional Rights, Emily Mcgowan

Journal of Health Care Law and Policy

No abstract provided.


Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome Jan 2022

Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome

American University International Law Review

After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).


Congressional Myopia In Biomedical Innovation Policy, W. Nicholson Price Ii Jan 2022

Congressional Myopia In Biomedical Innovation Policy, W. Nicholson Price Ii

Reviews

Innovation policy is hard. Getting it right requires balancing incentives for developers, consumer access, rewards for later innovators, safety concerns, and other factors. This balance is vitally important and wickedly difficult—even when it’s the focus of concerted, careful, informed effort. How well should we expect it to go when innovation policy is made by accident? Enter The Accidental Innovation Policymakers, an illuminating new project by Professor Rachel Sachs. Sachs persuasively shows how Congress has repeatedly made substantial changes to innovation policy, seemingly without talking about, seriously considering, or even recognizing that it is doing so. There’s an asymmetry to this …


Immigration Reforms As Health Policy, Medha D. Makhlouf, Patrick J. Glen Jan 2022

Immigration Reforms As Health Policy, Medha D. Makhlouf, Patrick J. Glen

Faculty Scholarly Works

The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine health policies designed to improve individual and population health. For example, immigration inadmissibility and deportability laws that chill noncitizens from enrolling in health-promoting public benefits contribute to health inequities in immigrant communities that spill over into the broader population—a fact highlighted by the still-raging COVID-19 pandemic. Restrictions …


Medicine, Structural Racism, And Systems, Daniel G. Aaron, Fatima Cody Stanford Jan 2022

Medicine, Structural Racism, And Systems, Daniel G. Aaron, Fatima Cody Stanford

Utah Law Faculty Scholarship

Medicine is having a reckoning with systemic racism. While some continue to believe medicine is apolitical and grounded purely in science, history and research reveal that medicine is inseparable from underlying systems, laws, and policies. Obesity is a useful case study. Weight loss trials have shown the immense difficulty in achieving and sustaining weight loss without addressing overlying systems. Barriers are double for Black, Indigenous, and People of Color (BIPOC) with obesity, who must contend with multiple layers of oppressive systems. Increasingly, illness is not a matter of bad luck, but is a function of oppressive structures. COVID-19 likely originates …


Opioid Accountability, Daniel G. Aaron Jan 2022

Opioid Accountability, Daniel G. Aaron

Utah Law Faculty Scholarship

The opioid crisis has steadily killed Americans for twenty years. In total, we have lost 450,000 American lives since the 1990s, and countless more suffer from chronic addiction.

After years of piecemeal efforts to address this massive loss of life and health, the opioid litigation, largely centralized in Ohio federal district court, has brought significant hope for change. But there is a notable divide between the popular sense of the litigation and its reality. A full 57% of Americans believe that opioid companies should be held accountable for precipitating a public health crisis. However, the litigation has been dedicated to …


Loneliness In Covid-19, Life, And Law, Olivia Ash, Peter H. Huang Jan 2022

Loneliness In Covid-19, Life, And Law, Olivia Ash, Peter H. Huang

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Electoral Determinants Of Health: State Voting Laws And Their Effects On Health Outcomes, Megan Schachter Jan 2022

The Electoral Determinants Of Health: State Voting Laws And Their Effects On Health Outcomes, Megan Schachter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Addressing Choice Of Law Challenges In Multi-State Precision Medicine Research: Experts' Assessment Key Factors, Leslie E. Wolf, Erin Fuse Brown, Roxanne Greeson, Catherine Hammack-Aviran, James W. Hazel, William Rencher, Laura M. Beskow Jan 2022

Addressing Choice Of Law Challenges In Multi-State Precision Medicine Research: Experts' Assessment Key Factors, Leslie E. Wolf, Erin Fuse Brown, Roxanne Greeson, Catherine Hammack-Aviran, James W. Hazel, William Rencher, Laura M. Beskow

Law Faculty Scholarship

This article explores potential frameworks for resolving choice-of-law challenges in multi-state precision medicine research. Through expert workshops involving legal scholars and research ethics specialists, the study identifies key factors relevant to determining which state laws should apply when research spans multiple jurisdictions. Participants emphasized the importance of considering the location of research institutions, participant residence, and the site of potential harm. The discussion also examined potential solutions including federal legislation, model state laws, and centralized databases of relevant statutes. The findings highlight the complexity of legal governance in large-scale biomedical research and propose strategies to improve clarity and consistency in …


Medicare Disadvantaged: A Raft Of Lawsuits Exposes Fraud In Medicare Part C, John J. Locurto Jan 2022

Medicare Disadvantaged: A Raft Of Lawsuits Exposes Fraud In Medicare Part C, John J. Locurto

Faculty Articles

Healthcare fraud is a massive and stubborn problem that can be confirmed by examining the annual Health Care Fraud and Abuse Control Program Report that the United States Departments of Justice and Health and Human Services prepare.


Educating The Whole Physician: The Case For Teaching The Business Of Medicine, John J. Locurto, Adam V. Ratner Jan 2022

Educating The Whole Physician: The Case For Teaching The Business Of Medicine, John J. Locurto, Adam V. Ratner

Faculty Articles

The century-old medical education paradigm emphasizes the basic sciences and clinical training. While this traditional approach churns out physicians with deep knowledge and technical proficiency, it does not prepare them for the business of practicing medicine. By omitting the business of medicine from their curricula, medical schools squander a chance to ready their students for the commercial, regulator, and legal environments in which they will treat patients. The cost of this omission is more than just a missed opportunity. Unprepared students are prone to exploitation, frustration, and burnout. While there may be no easy way to bridge the gulf between …