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Articles 1 - 5 of 5
Full-Text Articles in Medicine and Health Sciences
Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir
Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir
Brigham Young University Prelaw Review
In 2018, the constitutionality of the Mississippi Gestational Act was called into question by the Jackson Women’s Health Organization. This act illegalized the majority of abortions after 15 weeks of pregnancy. Given the constitutional right to abortion granted by Roe v. Wade and upheld by Planned Parenthood v. Casey, both the U.S. District Court for the Southern District of Mississippi and the U.S. Court of Appeals for the Fifth Circuit deemed the Act unconstitutional as a violation of that right. The State of Mississippi brought the case under the review of the United States Supreme Court in 2021, seeking …
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Brigham Young University Prelaw Review
Within the past century, the United States attempted different legal
avenues to address drug abuse. Some of these efforts made access
to drugs punishable and illegal. Others encouraged research to look
at underlying issues of drug abuse and implement those findings.
Within the past fifty years, these laws tended to treat drug addicts
as criminals instead of as persons suffering from a health crisis.
According to the FBI and Uniform Crime Reports, from the 1980’s
to the 2000’s, drug arrests rose by 1.5 million per year, while drug
usage rates stayed the same.3 The severe increase in the criminalization
and …
Stretching The Law: The Application Of Public Nuisance To The Opioid Epidemic, Lindsay Manning, Hannah L. Thompson
Stretching The Law: The Application Of Public Nuisance To The Opioid Epidemic, Lindsay Manning, Hannah L. Thompson
Brigham Young University Prelaw Review
Opioid use in the United States increased five-fold in the last decade.
Every day ninety Americans die from drug abuse overdose. Is it
illegal opioid trafficking, or is it a problem within the medical profession?
Recent litigation strategies, like those used in the recent
landmark case of Oklahoma v. Johnson and Johnson, show that opioid
production and distribution are being linked to fueling the opioid
epidemic. Oklahoma is just one of the states that have concluded that
Johnson and Johnson, a large pharmaceutical company, is “overstating”
the efficiency of opioids and “understating” the harmful effects
of these drugs. Consequently, litigation …
A New Medical Malpractice Tort System: It's Time To Prioritize The Patient, Jaden Cowdin, Tyler Lindley
A New Medical Malpractice Tort System: It's Time To Prioritize The Patient, Jaden Cowdin, Tyler Lindley
Brigham Young University Prelaw Review
The current medical malpractice tort system often promotes inefficiency and perverse incentives for doctors. Attempts at reform, to date, have been largely ineffective or harmful to the patient. A total overhaul—including a state-run medical review board, a centralized no-fault compensation fund, and a publicly accessible black mark database—should be tailored and enacted by each state.
More Than Just A Trim In The Workforce: The Barriers Of Inconsistent Occupational Licensing In The United States, Ethan A. Schow
More Than Just A Trim In The Workforce: The Barriers Of Inconsistent Occupational Licensing In The United States, Ethan A. Schow
Brigham Young University Prelaw Review
In the United States today, inconsistent occupational licensing requirements create barriers for professionals crossing state lines. In order to deal with this multistate problem without resorting to federal oversight, the states should consider forming an interstate compact to oversee and make recommendations for licensing requirement standardization and uniformity. This compact could oversee licensing for many professions. Multistate coordination has been successful before in other areas such as taxation of multistate businesses. Standardizing occupational licensing requirements would make initial licensure and subsequent relocation easier for professionals, and it would provide consumers with uniform quality of services and uniform protection of their …