Health Law and Policy Commons^™

Symposium Introduction: Illuminating Public Health Struggles Behind Bars, Justin Iverson, Javiera Sothers

Nevada Law Journal

No abstract provided.

Keynote: Promoting Disability Equality Behind Bars, Margo Schlanger

Nevada Law Journal

No abstract provided.

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Aparna Komarla, Hadar Aviram

Nevada Law Journal

No abstract provided.

Decades Of Indifference And Failures In Accountability In The Provision Of Medical Care In Federal Prisons, Nicole B. Godfrey

Nevada Law Journal

No abstract provided.

Be Aware Of These Hazard Communication Standard Changes, Jennifer Cosey

The Journal of the Michigan Dental Association

Executive Summary: This regulatory update outlines OSHA's revised Hazard Communication Standard published on May 20, 2024, with staggered compliance dates ranging from 18 to 42 months after publication. The changes primarily affect manufacturers and distributors, who must now provide Safety Data Sheets (SDSs) with their first shipments and updates. For dental practices, the standard applies to products containing 1% hazardous ingredients or 0.1% carcinogens, such as disinfectants, medications, amalgam, and adhesives. Key changes include new definitions for liquids, solids, and physical hazards, updated labeling requirements for small containers (≤100 ml), and improved accessibility requirements for SDSs. Manufacturers must now provide …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

The Activists’ Choice: Ballot Initiatives As A Step Towards Pro-Choice Efforts, Levi C. Mahler

Culture, Society, and Praxis

Following the overturn of Roe V. Wade, many U.S. state legislatures failed to implement abortion rights that satisfy the general population. When the public disapproves of legislative law, some U.S. states allow citizens and activists the right to pursue a ballot initiative. With enough voter signatures, these ballots can turn into new laws. However, with ballot initiatives being a multi-step, lengthy process, what ultimately pushes activists to pursue this path? My research analyzes this novel intersection of political science and sociology fields to contribute to the current lack of literature on activists' decisions to pursue ballot measures for abortion rights. …

Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino

Texas A&M Law Review

This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …

The Hidden Revolution: How Patent Law Is Shaping Women's Health Tech, Daniel Mendoza

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

State Legislatures And Trans* Genocide (?) In The United States, Shannon Fyfe

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Connection Between An Unequitable Distribution Of Care Responsibilities And A Widening Gender Nutrition Gap In Latin America, Alexis Nicole Bodlak

Honors Program: Senior Projects (Public)

The notion of care refers to activities that satisfy the basic needs of existence and reproduction. Within rural communities, care work such as the production and preparation of food contributes to food security at the household level. Care work supports the paid workforce, allowing workers to focus on commercial productive activities that generate economic income in rural communities. Women perform 6.3 to 29.5 more hours per week than men in unpaid care work, reducing their time for income-generating activities and personal nutrition management. Affecting their economic independence and ability to access and consume nutritious food. Studies show that in food-insecure …

Reaching Communities And Serving People: Assessing Utah's Legal Needs, Pamela Beatse J.D, Scotti Hill J.D, Keenan Carroll J.D., Hannah Kiely M.A

Utah Conference on Community Engagement

"Utah Legal Services (ULS) conducted a comprehensive legal needs assessment in 2024 to gather the necessary data and information to better meet its mission of providing high-quality civil legal aid without cost to people who are unable to afford legal representation or are facing disadvantages. Using the combination of an online survey, a series of focus groups throughout the Wasatch front, individual or group interviews, and several community soundboards, ULS conducted a broad, statewide survey. We connected with representatives, organizations, advocates, case managers, and leaders in the community as well as with client-eligible Utahns and ULS staff. This process allowed …

An Investigation Into Barriers Preventing Access To Health Insurance In Mississippi, Robert D. Tickner Iv

Honors Theses

As Mississippians continue to be one of the unhealthiest populations in the U.S. and the rate at which they are able to access health insurance remains low, it becomes more important than ever to understand what barriers are preventing them from gaining access to health insurance. This thesis will specifically explore what barriers are preventing access to health insurance in Mississippi, identify common factors that are preventing this access, and recommend policy solutions based on the results. To gain a better understanding of barriers preventing access to health insurance in Mississippi, I interviewed six healthcare professionals who work in Mississippi. …

Integrating Positive Psychology And Spirituality To Foster Meaning And Well-Being In Older Adults, Crystal Morris

Adultspan Journal

This perspective article explores the integration of positive psychology interventions (PPIs) and spirituality in therapy to foster meaning and well-being in older adults. It highlights exercises such as the positive introduction, positive legacy, character strengths, mindfulness, mindful-based yoga, and a manifestation prayer journaling. The interventions presented are tools to support older adults that may experience depression, difficult life transitions, and the search for renewed meaning. Therapists who integrate PPIs and spirituality into therapy can promote a holistic, non-pathological approach to treatment.

Doctors Playing Lawyers: Lessons For Professional Regulation In Crisis, Rebecca H. Allensworth

Vanderbilt Law School Faculty Publications

When someone gets in legal trouble in America, their case is almost invariably decided by a lawyer (a judge), lay people (a jury), or a combination of the two. Professional discipline, however, is a giant unexplained exception. In professional discipline matters, accusations of dangerous or incompetent practice are decided, usually in the first instance but always in the last, by state licensing boards composed of other members of the accused’s profession. These licensing boards wield immense power as labor regulatory institutions, covering ten times as many American workers as the minimum wage and more workers than private and public sector …

Endocrinology Expert Witness: Bridging Healthcare And Law To Uphold Standards, Mihail Zilbermint, Stacey B. Lee

Journal of Community Hospital Internal Medicine Perspectives

The role of a medical expert witness is vital in bridging the gap between the healthcare and legal systems, ensuring that justice is served while maintaining high standards of medical care. This perspective highlights the importance of medical professionals engaging in expert witness work, examining both the challenges and rewards of this role. Initially, community physicians may hesitate to participate due to misconceptions about legal risks or potential professional backlash. However, expert witness work provides a unique opportunity to supplement income, contribute to the integrity of the medical profession, and deepen medical knowledge.

The development of legal knowledge, such as …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

A Fate Worse Than Death: The Perpetuation Of Ableism Through California's "End Of Life Option Act", Skyler Powell

William & Mary Bill of Rights Journal

This Note discusses why physician-assisted suicide is inconsistent with California’s laws and how it should be remedied. First, Part I examines the history of physician-assisted suicide in the United States; the federal and Californian stances on the issue; how the EOLOA [End of Life Option Act] works today; and California’s stance on suicide prevention. Next, Part II looks at how California’s Equal Protection Clause and Civil Rights laws apply to individuals eligible for aid-in-dying medication, then analyzes a recent lawsuit brought against the state of California by disability advocacy groups regarding the EOLOA. Part III considers California and supporters’ interests …

The Price Of Profit: A Literature Review On Private Equity's Impact On Patient Care And Healthcare Costs, Sahil Shrimankar

Finance Undergraduate Honors Theses

In healthcare, private equity (PE) firms have rapidly expanded their presence across sectors, acquiring and consolidating providers. They typically operate on short investment cycles and employ strategies like heavy debt financing, roll-ups of fragmented practices, and aggressive cost-cutting to maximize returns. This expansion has sparked debate: supporters argue PE provides needed capital and efficiency to struggling providers, while critics contend that profit-driven ownership risks compromising care quality and access. This literature review synthesizes current evidence on how PE’s profit-driven approach affects patient care and healthcare costs. Overall, the findings suggest that PE ownership often raises costs—through higher prices and increased …