Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice,
2021
University of Pittsburg School of Law
Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley
Annals of Health Law and Life Sciences
No abstract provided.
Leveraging Community-Based Integrated Health Teams To Meet The Needs Of Vulnerable Populations In Times Of Crisis,
2021
University of Houston Law Center
Leveraging Community-Based Integrated Health Teams To Meet The Needs Of Vulnerable Populations In Times Of Crisis, Jessica Mantel
Annals of Health Law and Life Sciences
No abstract provided.
Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations,
2021
University of Cincinnati College of Medicine
Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations, Elizabeth Lanphier, Shannon Fyfe
Scholarly Articles
After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of the blanket prohibition against off-label pediatric Covid-19 vaccination in the VPA, as it blocks clinicians from providing the care they may determine to be clinically and ethically appropriate for their patient. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests.
Remembering Professor Rhonda Gay Hartman,
2021
Duquesne University
Remembering Professor Rhonda Gay Hartman, Ken Gormley
Duquesne Law Review
Professor Rhonda Gay Hartman, who passed away unexpectedly in April of 2021 as this issue of the Duquesne Law Review was being finalized, was an elegant, forward-thinking, brilliant scholar and teacher. She left a lasting imprint on legal academia, on the Duquesne community, and on the thousands of students whom she taught and mentored for over twenty-five years.
Table Of Contents,
2021
Loyola University Chicago, School of Law
Table Of Contents, Annals Of Health Law & Life Sciences
Annals of Health Law and Life Sciences
No abstract provided.
Medicaid's Gold Standard Coverage For Children And Youth: Past, Present, And Future,
2021
National Health Law Program
Medicaid's Gold Standard Coverage For Children And Youth: Past, Present, And Future, Jane Perkins, Sarah Somers
Annals of Health Law and Life Sciences
No abstract provided.
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate,
2021
University of Maryland Francis King Carey School of Law
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Women, Leadership & Equality
No abstract provided.
Deprivation Of The Right To Counsel For Federal Pretrial Detainees During The 2019 Novel Coronavirus Pandemic, 54 Uic L. Rev. 659 (2021),
2021
UIC School of Law
Deprivation Of The Right To Counsel For Federal Pretrial Detainees During The 2019 Novel Coronavirus Pandemic, 54 Uic L. Rev. 659 (2021), Mary Vukovich
UIC Law Review
No abstract provided.
Kidney, Money, And The Shī‘Ah Implementation Of The Rule Of Necessity,
2021
University of Denver
Kidney, Money, And The Shī‘Ah Implementation Of The Rule Of Necessity, Zahra Takhshid
Sturm College of Law: Faculty Scholarship
In the U.S., over 43,000 people die every year waiting for a kidney. In Iran, however, monetary incentives have eliminated such a waitlist. Iran is the only country in the world with an unrelated living kidney donor program that has allowed for monetary incentives in the form of an altruistic gift, which has become known as “the Iranian Model.” Nevertheless, the legal details of the system remain vague and scholars both in and outside of Iran continue to debate the nature of the system. Does the Iranian system consider kidneys a commodity? Can you legally buy a kidney in Iran? …
Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions,
2021
University of Denver
Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions, Govind Persad
Sturm College of Law: Faculty Scholarship
Consistent and well-designed frameworks for ethical oversight enable socially valuable research while forestalling harmful or poorly designed studies. I suggest some alterations that might strengthen the valuable checklist Rattani and Hyder propose in this issue of Journal of Law, Medicine & Ethics Reference Rattani and Hyder for the ethical review of health policy and systems research (HPSR), or prompt future work in the area.
Pricing Drugs Fairly,
2021
University of Denver
Pricing Drugs Fairly, Govind C. Persad
Sturm College of Law: Faculty Scholarship
Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …
Allocating Medicine Fairly In An Unfair Pandemic,
2021
University of Denver
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Sturm College of Law: Faculty Scholarship
America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …
Fair Allocation At Covid-19 Mass Vaccination Sites,
2021
University of Chicago
Fair Allocation At Covid-19 Mass Vaccination Sites, William F. Parker, Govind C. Persad, Monica E. Peek
Sturm College of Law: Faculty Scholarship
On February 26, 2021, the Federal Emergency and Management Agency (FEMA) announced 18 community vaccination centers in major cities capable of administering up to 6000 vaccines daily. Mass vaccination sites like these arrive amid staggering socioeconomic and racial disparities in COVID-19 vaccination. Black and Hispanic people are being vaccinated at less than half the rate of White people, despite being twice as likely to die of COVID-19. The wealth gap is similarly substantial, reaching up to a 65% difference between the wealthiest and poorest counties in Connecticut. The federal government is supporting mass vaccination sites, in part, to alleviate disparities, …
Barriers To Medical Board Discipline: Cultural And Organizational Constraints,
2021
Saint Louis University
Barriers To Medical Board Discipline: Cultural And Organizational Constraints, Elizabeth Chiarello
Saint Louis University Journal of Health Law & Policy
Medical boards are responsible for disciplining physicians who inflict egregious harm on their patients, yet they often fail to do so. This Article develops a cultural and organizational framework for explaining why boards so often fail to discipline physicians. The framework highlights three types of barriers that impede board action: (1) input barriers that prevent hospitals and clinics from reporting harm to boards, (2) processing barriers that prevent boards from taking sufficient action against physicians who do harm, and (3) output barriers that prevent boards from sharing information about physicians who do harm with other disciplinary agencies like other medical …
Social Justice, Civil Rights, And Bioethics,
2021
Nova Southeastern University
Social Justice, Civil Rights, And Bioethics, Kathy Cerminara
Faculty Scholarship
A stunning confluence of events in the United States in the first few months of 2020 have illustrated pervasive systemic prejudice against vulnerable people resulting in increased risk of death. Combined and situated among other, similar incidents too numerous to mention here, they present an opportunity for bioethicists to help change the impact of implicit bias, white privilege, and prejudice in shaping the very ability to live a healthy life in America. The current lack of care and even outright cruelty rendering a variety of vulnerable populations susceptible to early death illustrate why there must be more attention paid to …
Workers' Comp And Contagious Disease: History And Future,
2021
University of Michigan Law School
Workers' Comp And Contagious Disease: History And Future, Kate E. Britt
Law Librarian Scholarship
Modern workers’ compensation schemes set out to provide financial relief to employees who contract an occupational disease during employment, like miners contracting black lung or contractors exposed to asbestos. Certain professions are understood to stand a particular risk of exposure to contagious diseases. Health-care workers interact with persons carrying contagious disease as a matter of course. What workers’ compensation does not cover are diseases which are so prevalent they are considered an “ordinary disease of life.” These diseases, like the common cold, influenza, or pneumonia, could be contracted by persons regardless of their profession, and workers’ compensation acts generally limit …
Supported Decision-Making In The United States And Abroad,
2021
University of Maryland Francis King Carey School of Law
Supported Decision-Making In The United States And Abroad, Emily A. Largent, Andrew Peterson
Journal of Health Care Law and Policy
No abstract provided.
Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions,
2021
University of Maryland Francis King Carey School of Law
Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian
Journal of Health Care Law and Policy
No abstract provided.
Hipaa, Katz, And The Privacy Gap,
2021
University of Maryland Francis King Carey School of Law
Hipaa, Katz, And The Privacy Gap, Ryan L. Paukert
Journal of Health Care Law and Policy
No abstract provided.
Protecting Financial Stability: Lessons From The Covid-19 Pandemic,
2021
Duke Law School
Protecting Financial Stability: Lessons From The Covid-19 Pandemic, Howell E. Jackson, Steven L. Schwarcz
Faculty Scholarship
The COVID-19 pandemic has produced a public health debacle of the first order. But the virus has also propagated the kind of exogenous shock that can precipitate-and to a certain degree did precipitate-a systemic event for our financial system. This still not fully resolved systemic shock comes a little more than a decade after the last financial crisis. In the intervening years, much has been written about the global financial crisis of 2008 and its systemic dimensions. Considerable scholarly attention has focused on first devising and then critiquing the macroprudential reforms that ensued, both in the Dodd-Frank Act and the …
