Health Law and Policy Commons^™

Missing: Where Are The Migrants In Pandemic Influenza Preparedness Plans?, Kolitha Wickramage, Lawrence O. Gostin, Eric A. Friedman, Phusit Prakongsai, Rapeepong Suphanchaimat, Charles Hui, Patrick Duigan, Eliana Barragan, David R. Harper

Georgetown Law Faculty Publications and Other Works

Influenza pandemics are perennial global health security threats, with novel and seasonal influenza affecting a large proportion of the world’s population, causing enormous economic and social destruction. Novel viruses such as influenza A(H7N9) continue to emerge, posing zoonotic and potential pandemic threats. Many countries have developed pandemic influenza preparedness plans (PIPPs) aimed at guiding actions and investments to respond to such outbreak events.

Migrant and mobile population groups—such as migrant workers, cross-border frontier workers, refugees, asylum seekers, and other non-citizen categories residing within national boundaries—may be disproportionately affected in the event of health emergencies, with irregular/undocumented migrants experiencing even greater …

Making "Meaningful Access" Meaningful: Equitable Healthcare For Divisive Times, Leslie Francis

Center for Law and Biomedical Sciences (LABS)

Another anniversary of President Bush’s signing of the Americans with Disabilities Act (ADA) is coming up in late July, yet the nation remains far from offering even a semblance of equitable societal opportunity to most individuals with disabilities.

For them, full social participation is dismissed as merely an idealistic dream. With its focus on restoration of full functioning for patients, the health care delivery system might be supposed an exception, but a closer look shows the opposite is true.

Physicians’ offices, clinics, and hospitals too often have not been made accessible. Too frequently, these facilities have diagnostic or treatment equipment …

Illness, Injury And Medical Deportations At The Frontier: The Canadian Legal Regime For Health Care Protections For Agricultural Migrant Workers, Constance Macintosh

Articles, Book Chapters, & Popular Press

This paper explores how health interests and rights play out in the temporary agricultural worker regime. In particular, it illustrates how a system that–as discussed below–is formally positioned as granting such workers the same rights as nationals, may not in practice provide equivalent or meaningful protections. The assessment is not just about the social exclusion challenges that often undermine the ability or possibility of migrant workers to activate their legal rights (which is the usual critique of why post-national citizenship writing is overly optimistic), but about how the legal and regulatory system itself misses the mark.

Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk

Concordia Law Review

Fertility medicine is seeing a rapid advancement with the emergence of a new procedure called three-parent in vitro fertilization (IVF). This novel procedure provides an opportunity for women who have defective mitochondria to bear their own healthy genetic children. As women encounter fertility issues, they will often turn to regular IVF by receiving an egg from a donor—ultimately resulting in a child with no genetic relation to the mother. Women with defective mitochondria will likely pass down a mitochondrial disease to their children, therefore, bearing a child without the assistance from a donor does not present a viable option. Mitochondrial …

Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.

Banning Abortion In Cases Of Down Syndrome: Important Lessons For Advances In Genetic Diagnosis, Rebecca Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In December 2017, Ohio passed into law legislation that prohibited physicians from performing abortions if the pregnant woman’s decision was influenced by her belief that the fetus has Down syndrome. Physicians who perform abortions in these cases would face fourth-degree felony charges and revocation of their medical license. No other state bans abortion specifically for Down syndrome, but several ban abortions in cases of genetic diseases. Lower courts have struck down most such laws, holding they violate the constitutional rights of women. In February 2018, a federal district court judge blocked enforcement of Ohio’s law pending a final determination.

This …

Should Legal Precedent Based On Old, Flawed, Scientific Analysis Regarding When Life Begins, Continue To Apply To Parental Disputes Over The Fate Of Frozen Embryos, When There Are Now Scientifically Known And Observed Facts Proving Life Begins At Fertilization?, Rita Lowery Gitchell

DePaul Journal of Health Care Law

No abstract provided.

Emerging Governance Of Mitochondrial Replacement Therapy: Assessing Coherence Between Scientific Evidence And Policy Outcomes, Katherine Drabiak

DePaul Journal of Health Care Law

In the fall of 2016, media headlines reported news of several births of children born through “three parent IVF” or mitochondrial replacement therapy (MRT). MRT refers to an experimental procedure that entails removing the nuclear DNA from the mother’s egg or fertilized zygote and transferring it to a donor’s egg or fertilized zygote. This procedure constitutes a modification of the human germline, which has been prohibited by numerous declarations, directives, and laws promulgated by the United Nations, the Council of Europe, and other nations. In 2016, the Human Fertilisation and Embryology Authority in the United Kingdom was the first nation …

The Impact Of Sex And Gender On Innovation And Health Technology, Dima Elissa, Neelum Aggarwal, Natalie Ficek, Kyle Mitchell, Sophia Pribus

DePaul Journal of Health Care Law

No abstract provided.

Advancing Knowledge, Protecting Information: Precision Medicine And Population Health Research In Health Systems, Raj C. Shah, Alissa A. Bugh, Mary Jane Welch, Andrew Reeder

DePaul Journal of Health Care Law

No abstract provided.

Essential Medicines Beyond Guilt Trips And Acta-Ing Up: A Global Pharmaforum For A New Era?, Veronica Pastor

DePaul Journal of Health Care Law

No abstract provided.

Jury Trial Outcomes For Medical Malpractice Cases Involving Pulmonary Embolism, Frank Griffin

DePaul Journal of Health Care Law

No abstract provided.

Judith Jarvis Thomson On Abortion; A Libertarian Perspective, Walter E. Block

DePaul Journal of Health Care Law

Introduction:

Judith Jarvis Thompson, an eminent philosopher from MIT, has written the most widely cited article of all those ever written about abortion. She likens the fetus to a trespasser. Suppose you wake up in bed next to a famous violinist who is (innocently) connected to your kidney, through a sort of umbilical cord, without which he will die. What rights does he have? What obligations do you have? Using this brilliant analogy to pregnancy, she sheds light on the abortion controversy.

Method:

The method used in the present paper is to widely quote Thompson’s (1971) essay, and then to …

Ptsd In Military Service Members, Janelle M. Langan

DePaul Journal of Health Care Law

No abstract provided.

“Talk And Die Syndrome” – The Medical And Legal Consequence Of An Intracranial Hemorrhage, Samuel D. Hodge Jr., Jack E. Hubbard

DePaul Journal of Health Care Law

No abstract provided.

Fraud & The Medicaid Drug Rebate Program, Kyle Mitchell

DePaul Journal of Health Care Law

No abstract provided.

The Universe In The Palm Of Your Hand: How A Universal Electronic Health Record System Could Improve Patient Safety And Quality Of Care, Kathryn Green

DePaul Journal of Health Care Law

No abstract provided.

The Consequences For Private Practice Physicians After Transitioning From Icd-9 To Icd-10, Natalie Ficek

DePaul Journal of Health Care Law

No abstract provided.

Telehealth: Exploring The Ethical Issues, Jeremy D. Young, Scott A. Borgetti, Philip J. Clapham

DePaul Journal of Health Care Law

No abstract provided.

Personalized Medicine And Patient Privacy Concerns In The Telemedicine Age, Kevin E. Noonan

DePaul Journal of Health Care Law

No abstract provided.