Social Welfare Law Commons^™

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures

Criminalizing Pregnancy, Cortney Lollar

Indiana Law Journal

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her preg-nancy. Tennessee’s 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the harm …

Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin

Seattle University Law Review

This article discusses: (I) the current legal approaches to addressing cybersecurity in general, (II) the shortcomings of current legal approaches, (III) a proposal for legislation to narrow the scope of the Medical Device Amendments (MDA) preemption clause, and (IV) the benefits and shortcomings of the proposed legislation.

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women …

An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas

Georgia State University Law Review

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …

Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel

Georgia State University Law Review

Americans’ poor health and high health care costs largely stem from social, environmental, and behavioral factors that adversely impact health. Yet, health care providers traditionally have neglected the social determinants of health, focusing instead on medically treating patients’ symptoms. As a result, addressing the social determinants of health has primarily been the domain of government and community groups. Unfortunately, the efforts of the public health and social services sectors are stymied by chronic underfunding, a situation unlikely to change in the current political environment. This article identifies a potential solution to this problem: recent health care reforms that encourage health …

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

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Redefining Medical Care, Lauren R. Roth

Scholarly Works

President Donald J. Trump has said he will replace the Affordable Care Act (ACA) with health savings accounts (HSAs). Conservatives have long preferred individual accounts to meet social welfare needs instead of more traditional entitlement programs. The types of “medical care” that can be reimbursed through an HSA are listed in § 213(d) of the Internal Revenue Code (Code) and include expenses “for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.”

In spite of the broad language, regulations and court interpretations have narrowed this definition substantially. …

Immigration And Disability In The United States And Canada, Mark Weber

College of Law Faculty

Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock

Fordham Urban Law Journal

No abstract provided.

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Introduction - Fact Patterns From Anonymous Closed Medical Liability Cases, Steven E. Pegalis J.D., Irwin R. Merkatz M.D.

Anonymous Closed Medical Liability Cases

Introduction to the anonymous closed medical liability cases. New York Law School's Patient Safety Project was granted special permission by the New York State Office of Court Administration to obtain and make available these closes cases for the purpose of stimulating "diligent conversations" about the fact patterns so that the discussions can positively impact the safety processes and reduce the future incidence of patient injury.

Case No. 12 - Diagnosis Of A Stage Iii High Grade Right Breast Ductal Carcinoma In Right 1 Breast Of A 35 Year Old Woman Who Palpated A Lump Two Years Earlier., New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Diagnosis of a Stage III High Grade Right Breast Ductal Carcinoma in Right 1 Breast of a 35 year old woman who Palpated a Lump two years earlier.

Case No. 5 - Paraplegia And Spinal Cord Signs Following A Breech Extraction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Case - Paraplegia and Spinal Cord Signs Following a Breech Extraction

Case No. 7 - Postpartum Maternal Death Associated With Pulmonary Edema And Severe Anemia In A Patient With Preeclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Postpartum Maternal Death Associated with Pulmonary Edema and Severe Anemia in a Patient with Preeclampsia

Case No. 19 - Risks To The Sciatic Nerve Related To A Leg Lengthening Attempt In A Patient With Congenital Leg Shortening, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Risks to the Sciatic Nerve Related to a Leg Lengthening Attempt in a Patient with Congenital Leg Shortening

Case No. 14 - Pprom, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - PPROM

Case No. 15 - Preterm Cervical Funneling And Incompetent Cervix Leading To A Preterm Birth, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preterm Cervical Funneling and Incompetent Cervix Leading to a Preterm Birth

Case No. 22 - Paraplegia In A 12 Year Old With A Delayed Diagnosis And Treatment Of Transverse Myelitis, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Paraplegia in a 12 year old with a Delayed Diagnosis and Treatment of Transverse Myelitis

Case No. 24 - Postpartum Anemia And Pulmonary Edema Complicating A Hellp Syndrome Patient With Gallstone Surgery Resulting In A Maternal Death, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Postpartum Anemia and Pulmonary Edema Complicating a HELLP Syndrome Patient with Gallstone Surgery Resulting in a Maternal Death