Health Law and Policy Commons^™

The Effect Of Corona Pandemic On Crime Within The Family From The Researchers’ Point Of View In The Ministry Of Social Development In The Southern West Bank, Kifah Manasra, Muhammad Okkeh

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The study aimed to identify the extent to which the family crimes in the Palestinian society are spread due to the Corona pandemic. It also aimed to reveal the psychological, economic and social effects of the Corona pandemic on the crimes within the family in the Palestinian society in the Southern West Bank. The researcher s used a questionnaire to collect the data and the descriptive approach to analyze it. The purposive sample consisted of (74) researchers from the total population which was (120) researchers from the Ministry of Social Development in the governorates of Hebron and Bethlehem in the …

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Megan Baumgardner

Annals of Health Law and Life Sciences

No abstract provided.

A Band-Aid Solution: The Need For A Better Treatment Plan For The Physician Burnout Crisis, Sarah Mangroo

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Megan Baumgardner

Annals of Health Law and Life Sciences

No abstract provided.

Imperfect Access: Structural Barriers And External Threats To Preventative Care, Richard Hughes Iv, Dorit R. Reiss

Annals of Health Law and Life Sciences

No abstract provided.

Dignity In Detention: Addressing Gynecological Healthcare Needs Of People Detained By U.S. Immigration Authorities, Glykeria Teji, Esq., Shira Wisotsky, Esq.

Annals of Health Law and Life Sciences

People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no immediate abolition of immigrant detention facilities, how international human law principles can and should guide a reimagining of the system. We also propose interim steps that U.S. authorities can take to protect access to basic and needed gynecological care for the people that they detain. Beginning with an overview of immigration detention as …

Defending Olmstead: Strategies For Combatting Institutional Bias To Improve Access To Mental Health Services In The Least Restrictive Setting, Craig Ismaili, Esq., Adrienne Langlois, Esq., Bren Pramanik, Esq.

Annals of Health Law and Life Sciences

No abstract provided.

Transformative Experiences, Anticipatory Regret, And Informed Consent, Elizabeth Lanphier, Shannon Fyfe

Scholarly Articles

Regret risk is not consistently part of information sharing within informed consent. Yet two kinds of decisions that often invoke concerns about future regret, abortion and sterilization, raise considerations for the role of regret in clinical decision-making and informed consent, particularly regarding decisions about potentially transformative experiences. We distinguish between first-personal and second-personal anticipatory regret and argue that first-personal anticipatory regret can play a productive role, but second-personal anticipatory regret can function in ways that are pernicious. Introducing second-personal anticipatory regret into medical informed consent processes is, we argue, not only not required for informed medical decision-making, but impermissible within …

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Mason Pope, Jd, Phd

Annals of Health Law and Life Sciences

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

Reducing Discrimination In Organ Transplant Candidacy Evaluation Against Persons Who Use Drugs, Hannah Rahim, Bhsc

Annals of Health Law and Life Sciences

Many organ transplant centers deny persons who use drugs eligibility for receiving a transplant because of concerns about the impact of drugs on transplant success. These policies are often not based on sufficient medical evidence and are highly variable between transplant centers. Restricting persons who use drugs from organ transplantation can exacerbate existing racial and geographic inequities in access to organ transplantation. This paper explores discrimination against persons who use drugs in organ transplantation. I examine when considering a patient’s drug use in organ transplant eligibility assessment is illegal and when it is immoral and I offer recommendations for statutory, …

The Supreme Court During Covid-19: Keeping Its Head When Those About It Were Losing Theirs, Timothy C. Macdonnell

Scholarly Articles

Alexander Hamilton's Federalist No. 78 suggests that one of the reasons for a life-tenured judiciary whose pay cannot be altered is because "judges may be an essential safeguard against the effects of occasional ill humours in the society." Our Nation's history is replete with instances of ill humor leading to violations of constitutional rights. Wars, epidemics, natural disasters, civil unrest, and economic crises all demand governments to act and act swiftly. But courts, and particularly the United States Supreme Court, are necessary to check governments when they go too far in contending with an emergency.

Historically the country's courts have …

Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson

Faculty Publications

With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver's ability to operate a vehicle safely can be compromised. This not only puts the …

Tap To Talk: Leveraging Teletherapy For Mental Health In Higher Education, Stephanie Davis, Santiago Lima, Jaylin Drewry, Frenchi Jones, Louis Gordon

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Pumpable Hours: Legal Protections For Lactating Individuals Through The Lens Of The Legal Profession, Elise Gonzalez

American University Journal of Gender, Social Policy & the Law

The Supreme Court denied women the right to be admitted to the legal profession in 1872. Since this ruling, women have entered the legal profession with force in growing numbers. Today, women comprise nearly 55% of law students across the country and 40% of practicing attorneys in the United States. Despite the growing number of women in the legal profession, women are often reminded of the profession’s sexist history, particularly during a period that is uniquely connected to women—motherhood.

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Legal Barriers To Maternal Healthcare Equity, Ashley Keith

Akron Law Faculty Publications

In examining contemporary maternal healthcare inequity in clinical care delivery, we must study the critical role played by the legal institutions in creating and perpetuating this problem. Comprehensive systems within the United States require legal advocacy and judicial enforcement to take shape and maintain their structural integrity. Healthcare in this country is no different. Legal institutions helped form and further, both intentionally and inadvertently, the racial disparities that we currently battle. Legal history plays an integral role in understanding why racial disparities in maternal mortality persist. One way for legal professionals to contribute to the ongoing efforts to achieve maternal …

Antitrust In The Health Care Sector, Doug Ross

Chapters in Books

This chapter is an opportunity for students to apply the concepts addressed elsewhere in the book, but at a deeper level and in the context of a sector that accounts for a very large share of antitrust activity on the part of government enforcers and private plaintiffs. The topics chosen illustrate some of the nuances in applying antitrust law in the real world and show how the application of antitrust principles has evolved over time. The chapter also raises important policy questions regarding how to apply antitrust to a sector that is rife with market failures, including what tools and …

Who Regulates Abortion Now?, Nathan G. Cortez, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Contrary to both conventional wisdom and recent Supreme Court pronouncements, abortion is not simply a matter of state oversight. For a quarter century now, the federal government has been intimately involved in “regulating” abortion through the U.S. Food and Drug Administration’s approval and continued oversight over mifepristone and other abortion medications. This Article considers the extent to which federal abortion law both coexists and conflicts with state law, as it does with most areas of medicine. We evaluate which body of law is better able at achieving the goals of modern medicine that is evidence-based, ethical, consistent, and individualized.

Who Decides: The Role Of Parental Rights In Abortion And Gender-Affirming-Care Decisions For Minors, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The American legal system presumes that children’s interests are best protected by their parents and, secondarily, by the state’s parens patriae authority. Yet this structure falters when parental authority and state power are infused with political and ideological agendas. This Essay examines how these dynamics have distorted decision-making authority in two contexts—minors’ access to abortion and gender-affirming medical care—and allowed children’s welfare and autonomy to be sacrificed to partisan aims. The law is inconsistent on the role of parental rights—typically empowering parents to grant or withhold consent to a minor’s abortion but categorically stripping them of the power to consent …

Abundance And Other Food Fixations, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Although most people in the United States no longer devote the majority of their time to food production, processing, and distribution, food remains a daily fixation. This Article explores three driving food fixations--abundance, thinness, and health--and situates each against an inverse fear--scarcity, fatness, and illness, respectively. Mapping these threats onto U.S. food policy, this Article examines, among other policy arenas, food waste policy, nutrition and health claim labeling law, and food additive regulations. Across food policy, these fixations feed what this Article calls the “politics of abundance.” This politics helps to insulate the food industry from deeper systemic reform aimed …

Cronyism In Creating Chronic Disease—A Path To Food Justice, Martha Leonard

St. Thomas Law Review

Central to this discussion is a quote often attributed to the ancient Greek physician Hippocrates: “Let food be thy medicine, and medicine be thy food.” Today, physicians recognize the crucial role of diet in maintaining good health and preventing chronic disease, but U.S. laws fail to reflect this understanding. The health field has seen significant progress in scientific research on pathology; however, nutritional research presents a challenging and contradictory landscape. Corporate influence in scientific research leads to a lack of consensus on the most optimal diet for promoting general health, presenting a challenge for policymaking. The dark reality is that …

Reformed But Not Repaired, Nia Johnson

Michigan Journal of Race and Law

Traditionally, scholars and policymakers concerned with making improvements to health care systems and structures have focused on insurance reform. The ACA— the United States’ most recent and substantial healthcare reform—was hoped to be an intervention that would help provide equity to all Americans. Indeed, scholars and policymakers viewed increasing access to health care through insurance coverage as a victory. And yet, despite these interventions, the COVID-19 pandemic revealed a number of policy gaps that disproportionately impacted racial minorities. Specifically, racially marginalized Americans still experienced the starkest disparities in COVID-19 complications and mortality. This has left scholars and policymakers to answer …

Don’T Trust The Process: The Viability Of Eighth Amendment Claims For Ultra-Processed Food Overconsumption In Prisons, Markus C. Johnson, Rita L. Rahoi-Gilchrest

Marquette Law Review

With the largest prison population worldwide, American prisons serve more food than anywhere else. To cut costs, American prisons overwhelmingly (or even entirely) serve prisoners ultra-processed foods, which, if overconsumed, have detrimental and long-lasting health effects. Prisoners taking issue with the food being served to them rely on the courts to counteract any inappropriate prison dietary practices, wielding the Eighth Amendment as a constitutional guarantee to be free from cruel and unusual punishment. But courts are failing to protect this constitutional guarantee by relying on precedent that is at odds with modern Eighth Amendment principles. Indeed, when it comes to …

Protecting Older Adults Who Are Incarcerated: Does The 8th Amendment Work?, Jalayne J. Arias

Health Matrix: The Journal of Law-Medicine

Older adults in prison and within other carceral systems (i.e. jails, parole) are uniquely at risk for elder mistreatment. Emerging research has begun to consider the experiences of older adults within carceral settings, including aging in prison, chronic conditions and medical care, compassionate release, and end-of-life care. This research exposes evidence that prisons and other carceral settings lack resources and services for older adults. Given increased vulnerability and a lack of protective resources, older adults experiencing incarceration may experience disproportional rates and consequences of elder mistreatment. A public health approach to develop tools and resources that would prevent, detect, and …

Decision-Making Supports And Cognitive Decline, Rebekah Diller

Health Matrix: The Journal of Law-Medicine

For persons with a range of cognitive disabilities, supported decision-making, rooted in a human rights approach to disability, has emerged as a tool that permits them to make legally binding decisions and avoid guardianship. As supported decision-making policy has evolved in the United States, state statutes have primarily focused on formal agreements through which individuals can designate trusted supporters to assist in obtaining information, processing that information, and communicating a decision. This Article argues that supported decision-making has promise for preserving the autonomy of persons living with dementia, but that the model of a supported decisionmaking agreement embodied in the …

Planning For Cognitive Decline: Combining Formal Supported Decision-Making Agreements And Healthcare Power Of Attorney, Megan S. Wright

Health Matrix: The Journal of Law-Medicine

Patients who have impaired decision-making abilities may not be permitted to make contemporaneous medical decisions. Instead, a substitute decision maker, including a healthcare agent, may be asked to decide on the patient’s behalf even if the patient wants to participate in the medical decision making. Being marginalized in decisions made about their medical care may lead to a decline in wellbeing for these patients. But supported decision making, wherein a person with cognitive impairments receives decision-making assistance, may facilitate such patients making contemporaneous medical decisions. As supported decision-making legislation spreads throughout the United States, there are questions about how this …

The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun

Loyola University Chicago Law Journal

This Comment explores the legal, ethical, and regulatory challenges surrounding the use of psilocybin-assisted psychotherapy for terminally ill patients under the federal Right to Try (RTT) Act. While psychedelics like psilocybin are demonstrating extraordinary therapeutic potential, particularly in easing end-of-life psychological distress, patients remain barred from access due to the Controlled Substances Act (CSA) and the Drug Enforcement Administration's (DEA) narrow interpretation of its authority. Through a comprehensive analysis of legislative history, regulatory frameworks, and administrative law principles, this Comment argues that the DEA's position not only misinterprets the statutory relationship between the RTT Act and the CSA, but also …