Health Law and Policy Commons^™

American Motherhood - A Taking, Nicole Knight

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen

Faculty Scholarship

Local jails in the United States incarcerate millions of people each year. The COVID-19 pandemic made jail health a pressing public health concern nationally, where releasing individuals from jails occurred across the country in order to prevent pandemic spread. But releases also faced substantial resistance and exposed long-standing challenges in delivering adequate healthcare in jail settings. People in jail have substantially higher levels of medical need than individuals in the general population, with large numbers having serious mental illnesses and substance use disorders. Further, overcrowded conditions and poor healthcare standards and delivery make jails harmful to those already-vulnerable people. What …

Why The Equal-Protection Case For Abortion Rights Rises Or Falls With Roe's Rationale, Sherif Girgis

Journal Articles

From the Post

For nearly 50 years, legal scholars who favor Roe v. Wade’s outcome but scorn its rationale have tried to find firmer footing for a constitutional abortion right. Roe and its follow-on case, Planned Parenthood v. Casey, claimed to derive such a right from the Due Process Clause. That proved deeply controversial, for reasons laid out in Dobbs v. Jackson Women’s Health Organization. Most prochoice critics of Roe would have relied instead on the Equal Protection Clause. Scores of essays on abortion rights have endorsed, developed, and refined the equality arguments over decades. A book of proposals about …

Misreading And Transforming Casey For Dobbs, Sherif Girgis

Journal Articles

From the Article

In Dobbs, Mississippi has asked the Supreme Court to uphold a 15-week abortion ban by overturning Roe and Casey. Some have proposed that the Court could instead uphold the ban under Casey’s undue-burden test, on the ground that a law that leaves women a fair opportunity to choose whether to abort (here, up to the 15th week) creates no undue burden. Many have noted that this proposal would flout Casey’s rejection of undue burdens until viability, which comes long after 15 weeks. This essay focuses on another problem: that the proposal would transform the meaning of the …

Reforming Reimbursement For The Us Food And Drug Administration’S Accelerated Approval Program To Support State Medicaid Programs, Rachel Sachs, Julie M. Donohue, Stacie B. Dusetzina

Scholarship@WashULaw

Importance The US Food and Drug Administration (FDA) has an accelerated approval program that has become the subject of scholarly attention and criticism, not only for the FDA’s oversight of the program but also for its implications for payers.

Observations State Medicaid programs’ legal obligations to provide reimbursement for accelerated approval products have created fiscal challenges for Medicaid that have been exacerbated by industry’s changing use of the accelerated approval program over time. Although strategies for accelerated approval reforms have been proposed, most focus on reforming the FDA’s accelerated approval pathway and product regulation without taking into account the implications …

A Free Appropriate Public Education: Examining What "Appropriate" Means For Students With Disabilities In A Global Pandemic, Bailey Kadian

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Why Govern Broken Tools?, Ryan Calo

Articles

In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT). In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going forward” may be misplaced.

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 …

Thanks For Noticing!, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

The 2021 Member Value Survey highlighted the Journal of the Michigan Dental Association (MDA) as the organization's top-rated service, reinforcing its importance as the primary internal marketing tool. The Editorial emphasizes the collaborative efforts involved in maintaining the Journal's quality, including the Editorial Advisory Board, peer-review process, and the dedicated MDA team. Despite success, the Editorial calls for continued improvement, announcing plans to restructure the Editorial Advisory Board and invites members to contribute and shape the Journal's future, ensuring its ongoing value for readers.

Dentistry And The Law: Network Leasing Arrangements And Their Effect On Fees, Dan Schulte Jd

The Journal of the Michigan Dental Association

Dentists entering network leasing arrangements often face uncertainty about fees due to the lack of transparent fee schedules. While leasing companies aim to connect dentists with insurers and plans, the absence of clear payment information poses challenges. Dentists may receive varying amounts for the same services, impacting financial predictability. The article emphasizes the importance of understanding contract terms, obtaining fee schedules, and monitoring patient volume to assess the arrangement's overall benefit.

10-Minute Ebd: Factors Impacting Gingival Margin Position Following Esthetic Crown Lengthening, I-Ting (David) Lee

The Journal of the Michigan Dental Association

The esthetic crown lengthening procedure aims to address gingival concerns and achieve harmonious crown proportions. This article explores factors influencing gingival margin position post-surgical intervention, focusing on patients with excessive gingival display. The PICO question investigates gingival changes six months post-surgery. A comprehensive literature search using keywords such as "esthetic crown lengthening" and "gummy smile" identifies relevant articles. Results indicate varied outcomes, emphasizing the importance of individualized approaches. Notably, factors like flap margin suture placement impact tissue rebound. This study underscores the complexity of esthetic crown lengthening, emphasizing the need for tailored strategies to ensure optimal outcomes.

Eating Disorders In Adolescents: Facts And Recommendations For The Oral Health Care Team, Catherine A. Miller Md, James R. Boynton Dds, Ms, Terrill Bravender Md, Mph

The Journal of the Michigan Dental Association

Eating disorders typically begin during the adolescent years. These disorders are a spectrum of thoughts and behaviors related to food, weight and exercise that lead to significant psychological and physical morbidity. Medical complications of eating disorders are common and can be life-threatening. Dental providers can play an important role in care by recognizing oral signs and symptoms associated with eating disorders, giving advice on mitigating these issues, and helping patients and families connect with appropriate care. In this article, we provide key information about eating disorders, the complications including oral health issues, and advice for dental providers regarding care and …

Inclusion Of The Mobility Impaired In Our Community: Ask First!, Jeffrey M. Heinz Dds, Msd

The Journal of the Michigan Dental Association

This DEI Series feature article provides a unique perspective on the inclusion of individuals with physical disabilities, focusing on mobility impairment, in the dental profession and community. The author, a paraplegic orthodontist, shares personal experiences and challenges, shedding light on the importance of considering physical disabilities in dental offices. Navigational difficulties in compliant yet wheelchair-unfriendly spaces are discussed, urging practitioners to have contingency plans. The article emphasizes the significance of etiquette in assisting individuals with disabilities, encouraging respectful communication and asking before offering help. Practical insights on dental chair usage and transfer assistance are provided, promoting a more inclusive environment …

Psychosocial Factors Of Covid-19 Impact Oral Health, Neeru Ramaswami Bds, Ms, Mph

The Journal of the Michigan Dental Association

The impact of psychosocial factors on oral health during the COVID-19 pandemic necessitates an interdisciplinary approach to patient care. This article, part of National Children’s Dental Health Month, focuses on adolescent oral health and eating disorders, authored by experts from the University of Michigan. With a dramatic increase in eating disorders among Michigan adolescents during the pandemic, especially affecting transgender and diverse youth, identifying such issues is crucial. General dentists, in an ideal position for interaction, can play a vital role in addressing these challenges, emphasizing the need for continued education and collaboration.

Fourth Amendment Issues And Covid-19 Tracking, Brooke A. Banks

Cardozo Arts & Entertainment Law Journal

The note argues that the special needs doctrine does not justify warrantless government access to cell site location information (CSLI) for COVID-19 tracking, as individual privacy interests outweigh public health benefits. It advocates for voluntary, privacy-protective measures, such as opt-in apps, to balance privacy and pandemic response.

Honoring The Public Trust: Curbing The Bane Of Physician Sexual Misconduct, Rebecca H. Allensworth, K. S. Sindhu, Et Al.

Vanderbilt Law School Faculty Publications

The Federation of State Medical Boards defines physician sexual misconduct as any "behavior that exploits the physician-patient relationship in a sexual way." Although several attempts have been made in recent years to clarify its incidence in the United States, physician sexual misconduct is almost certainly underreported. Physician sexual misconduct represents a severe and irreversible violation of the compact underlying the patient–physician relationship and can have far-reaching consequences on the lives of patients and their families. In addition, the credibility of and trust in physicians, both essential to the provision of medical care, could well erode in the eyes of the …

Survival Voting And Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, Natalie Blades

Publications

The health of American democracy has literally been challenged. The global pandemic has powerfully exposed a long-standing truth: electoral policies that are frequently referred to as "convenience voting" are really a mode of "survival voting" for millions of Americans. As our data show, racial minorities are overrepresented among voters whose health is most vulnerable, and politicians have leveraged these health disparities to subordinate the political voice of racial minorities.

To date, data about racial disparities in health has played a very limited role in assessing voting rights. A new health lens on the racial impacts of voting rules would beneficially …

Essential But Ignored: Covid-19 Litigation And The Meatpacking Industry, Alexia Brunet Marks

Publications

The spread of the novel coronavirus SARS-CoV-2 (COVID-19) among meatpacking employees forced closures and slowdowns at many plants across the United States. As the meatpacking giants JBS, Smithfield, and Tyson became hotbeds for COVID-19, national meat production plummeted. To forestall further supply chain disruptions, former President Trump passed an Executive Order compelling plants to continue operating as “essential businesses.” As work continued, employees reported that social distancing and mask-wearing were not being enforced, managers were pressuring sick employees to work and not revealing co-worker’s infections, and an overall lack of Personal Protective Equipment (PPE) or training to reduce the risk …

A Critique Of Expertise For Health Law, Aziza Ahmed

Faculty Scholarship

A health justice approach requires a progressive critique of expertise. This article considers two recent high-profile cases – the mask mandate and medication abortion -- to understand how we should think the mobilization of expertise in the context of public health law. Following from this, the article offers news ways to better understand how to think of the relationship between health law, expertise, and politics.

A Pandemic Instrument Can Start Turning Collective Problems Into Collective Solutions By Governing The Common-Pool Resource Of Antimicrobial Effectiveness, Isaac Weldon, Kathy Liddell, Susan Rogers Van Katwyk, Steven J. Hoffman, Timo Minssen, Kevin Outterson, Stephanie Palmer, A. M. Viens, Jorge Viñuales

Faculty Scholarship

To address the complex challenge of global antimicrobial resistance (AMR), a pandemic treaty should include mechanisms that 1) equitably address the access gap for antimicrobials, diagnostic technologies, and alternative therapies; 2) equitably conserve antimicrobials to sustain effectiveness and access across time and space; 3) equitably finance the investment, discovery, development, and distribution of new technologies; and 4) equitably finance and establish greater upstream and midstream infection prevention measures globally. Biodiversity, climate, and nuclear governance offer lessons for addressing these challenges.

Abortion Experts, Aziza Ahmed

Faculty Scholarship

The COVID-19 pandemic, and the overturning of Roe v. Wade,¹ has intensified the fight for access to medication abortion. ² As state governors put emergency orders into place limiting health care provisions to essential services, some also limited access to abortion, designating it a nonessential service. ³ In the face of these challenges, women's health advocates, in keeping with prior advocacy, have called for greater access to medication abortion.⁴ The increased reliance on telemedicine during the COVID-19 pandemic provides new possibilities for the provision of abortion medication that do not rely on a patient engaging in-person at a …

Trust, Brutality, And Human Dignity: How “Partial Birth Abortion” Helps Shape American Biopolitics, George J. Annas

Faculty Scholarship

In this Article, I explore how nearly continuous public rhetorical challenges to abortion in the political realm first led the public and the courts to turn away from a particular abortion procedure (intact dilation and extraction, also known as partial-birth abortion) which political agitators labeled as “barbaric” and then to view physicians who performed abortions not as legitimate professionals, but simply as “abortionists,” and sometimes as evil “Frankensteins.” “Abortionists” use no “medical judgment” and are unworthy of deference by state legislatures, Congress, or the courts when deciding how or when to perform an abortion. The concentration on the welfare of …

When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz

Faculty Scholarship

As the Covid-19 pandemic wears on, patients have asked courts to compel hospitals to administer unproven therapies, with mixed legal results. Although talk radio hosts, politicians, and social media users have promoted various treatment approaches, they have given particular attention to ivermectin. The Food and Drug Administration (FDA) has approved ivermectin for use in humans for treating onchocerciasis (river blindness), intestinal strongyloidiasis, certain other parasitic worms, head lice, and skin conditions such as rosacea. Although this approval facilitates legal offlabel use for prophylaxis against or treatment of other conditions, both the FDA and the Centers for Disease Control and Prevention …

Asking Too Much: The Ninth Circuit’S Erroneous Review Of Social Security Disability Determinations, Stephen E. Smith

Lewis & Clark Law Review

Disability determinations made by the Social Security Administration’s administrative law judges are subject to judicial review by Article III courts. By statute, these courts apply the “substantial evidence” standard of review on appeal from the agency. The substantial evidence standard is a forgiving one that defers to the findings of the agency. But the Ninth Circuit Court of Appeals has modified this standard. It now reviews certain categories of SSA findings not only for substantial evidence, but for support by “clear and convincing reasons.” This heightened standard of review is facially at odds with the statutorily mandated substantial evidence standard. …

'The Perfect Shouldn't Be The Enemy Of The Good' — What Canada Can Do Today, Tomorrow & Next Week To Enhance Equitable Access To Covid-19 Biopharmaceutical Interventions, Matthew Herder

Reports & Public Policy Documents

There is overwhelming evidence of inequitable access to a range of COVID-19 targeting biopharmaceutical interventions, including not only vaccines but also anti-viral drug therapies, diagnostic tests, and various materials that are incorporated into these products. As recently explained by Yamey et al. in the British Medical Journal, inequitable access is baked into every phase of the biopharmaceutical system—from production and allocation to affordability and deployment. Yet, it is still possible to improve access to these critically important biopharmaceutical interventions in low and middle-income countries (LMICs). Intellectual property (IP) rights are one crucial site where policy intervention can make an immediate …

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 …

Staff Matters: Evaluating Performance During Covid-19 And Staffing Shortages, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Amidst COVID-19 and staffing shortages, evaluating employee performance requires a nuanced approach. Recognizing the impact of pandemic stress, leaders must balance feedback with understanding. Acknowledge the challenges, celebrate achievements, and discuss growth areas collaboratively. Adjust expectations, focusing on essential issues and fostering a positive, forward-facing environment. Tailor evaluations to individual contributions, addressing concerns constructively. Prioritize one-on-one conversations to convey appreciation and align goals, ensuring a supportive workplace.

J Mich Dent Assoc January 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 January 2022 issue, the reader will find the following original content:

• A cover feature, “Eating Disorders in Adolescents: Facts and Recommendations for the Oral Health Team”
• An introduction to the Pediatric Health Series, “Psychosocial Factors of COVID-19 Impact Oral Health”
• A DEI Feature, “Inclusion of the Mobility Impaired in Our Community”
• A 10-Minute EBD, “Factors Impacting Gingival Margin Position Following Esthetic Crown Lengthening”
• News you need, an …

Righting A Reproductive Wrong: A Statutory Tort Solution To Misrepresentation By Reproductive Tissue Providers, Yaniv Heled, Hillel Y. Levin, Timothy D. Lytton, Liza Vertinsky

Scholarly Works

Fraud, misrepresentation, and other unfair trade practices plague the market for human reproductive tissue. The sale of sperm, eggs, and embryos is virtually unregulated in almost all states, and courts have been inhospitable to victims. As a result, children are born with genetic disorders that impose extreme financial and personal hardship. Proposals for direct government oversight have, for the most part, failed to gain traction, and litigation has yielded inadequate remedies.

This Article assesses these problems and proposes model legislation that would eliminate doctrinal obstacles to holding unscrupulous reproductive tissue providers liable. By making it easier for parents to bring …