Assisted Reproduction Inequality And Marriage Equality,
2017
Barry University
Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans,
2017
University of Wyoming College of Law
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
Guardianship And Clinical Research Participation: The Case Of Wards With Disorders Of Consciousness,
2017
Boston University School of Public Health
Guardianship And Clinical Research Participation: The Case Of Wards With Disorders Of Consciousness, Megan S. Wright, Michael Ulrich, Joseph J. Fins
Faculty Scholarship
We review relevant federal law about research on human subjects and state laws on guardian authority to determine whether guardians can consent on behalf of their wards to participation in research. The Common Rule is silent on the issue as are most state guardianship laws. Our analysis shows significant variation in guardians’ decision-making authority in the states that do regulate wards’ participation in research. We consider how the appointment of guardians for patients with disorders of consciousness (DOC) impacts such patients’ access to research. We assert that it is important that such persons be permitted to participate in research, so …
The Institutional Case For Partisan Gerrymandering Claims,
2017
Georgetown University Law Center
The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons
Cardozo Law Review de•novo
For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.
The Gmo/Ge Debate,
2017
California Western School of Law
The Gmo/Ge Debate, Joanna K. Sax
Faculty Scholarship
The scientific community and the public sphere are having different debates about the application of genetic engineering to improve our food supply. Many that are deeply steeped in the science view genetically engineered food as a more precise way to accomplish what we have been doing for centuries, which is genetically modifying our food supply. Some members of the public view genetically engineered food with skepticism especially as it relates to health, safety and the environment. A disconnect between the scientific consensus and public perception is not a new phenomenon. This Article attempts to bridge this gap by explaining what …
Biotechnology And Consumer Decision-Making,
2017
California Western School of Law
Biotechnology And Consumer Decision-Making, Joanna K. Sax
Faculty Scholarship
Society is facing major challenges in climate change, health care and overall quality of life. Scientific advances to address these areas continue to grow, with overwhelming evidence that the application of highly tested forms of biotechnology is safe and effective. Despite scientific consensus in these areas, consumers appear reluctant to support their use. Research that helps to understand consumer decision-making and the public’s resistance to biotechnologies such as vaccines, fluoridated water programs and genetically engineered food, will provide great social value. This article is forward-thinking in that it suggests that important research in behavioral decision-making, specifically affect and ambiguity, can …
Side Effects Of The Abortion Wars,
2017
American University Washington College of Law
Side Effects Of The Abortion Wars, Maya Manian
Scholarly Articles in Law Reviews & Journals
Over the last several decades, as part of the movement against abortion rights, abortion has become increasingly stigmatized and isolated in women's health. The current segregation of abortion from the rest of women's medical needs brings us full circle back to questions raised by Roe v. Wade. Although Roe was rightly criticized as over-medicalizing the abortion decision and empowering doctors rather than women, we have now shifted to the opposite extreme of severing abortion completely from the realm of women's health. While it remains important to understand abortion access as necessary to sustaining women's right to equal citizenship, the public's …
Wearables And Personal Health Data: Putting A Premium On Your Privacy,
2017
Brooklyn Law School
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Brooklyn Law Review
Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy, particularly …
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains,
2017
S.J. Quinney College of Law, University of Utah
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, David Wofford
Utah Law Faculty Scholarship
In 2002, shortly after Paul Hunt was named as the first UN Special Rapporteur on the right to health, he presented his vision for promoting the right to health as a fundamental human right, clarifying the content of this right and identifying good practices at the community, national, and international levels. His vision remains true today for women’s health at the workplace in global supply chains. In an era where women and families must often migrate to find work, leaving behind their homes and support networks, the workplace can be a site where they can access resources and information to …
The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry,
2017
Case Western Reserve University School of Law
The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry, Al Lewis
Health Matrix: The Journal of Law-Medicine
On its surface, who can argue with the concept of workplace wellness? How could there be anything wrong with corporations helping their employees reduce their risk of disease while saving money in the process?
The Eeoc, The Ada, And Workplace Wellness Programs,
2017
Case Western Reserve University School of Law
The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos
Health Matrix: The Journal of Law-Medicine
The article focuses on the role of Equal Employment Opportunity Commission (EEOC) and Americans with Disabilities Act (ADA) in workplace wellness programs in the U.S.
Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health,
2017
Case Western Reserve University School of Law
Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey
Health Matrix: The Journal of Law-Medicine
Tax-exempt hospitals' community health needs assessments ("CHNAs") provide an underutilized resource for healthcare organizations and communities. These studies and action commitments, which the Affordable Care Act ("ACA") requires, are linked to financial incentives for hospitals to manage population health.
Essay: Creating A Culture Of Health - One University's Experience,
2017
Case Western Reserve University School of Law
Essay: Creating A Culture Of Health - One University's Experience, Elizabeth Click
Health Matrix: The Journal of Law-Medicine
The article focuses on the university wellness initiative programs made for improving employee health, enhancing morale and the culture of health, and modifying healthcare expenses in the U.S.
The Dubious Empirical And Legal Foundations Of Wellness Programs,
2017
Case Western Reserve University School of Law
The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll
Health Matrix: The Journal of Law-Medicine
The article offers information on the dubious empirical and legal foundations of workplace wellness programs in the U.S. Topics discussed include enactment of Affordable Care Act for expanding the scope of incentives availas; analysis of financial incentives offered to the employees for encouraging their participation in wellness programs; and targeting incentives specifically toward individuals diagnosed with chronic diseases.
Sponsorship Of National Health Organizations By Two Major Soda Companies,
2017
S.J. Quinney College of Law, University of Utah
Sponsorship Of National Health Organizations By Two Major Soda Companies, Daniel G. Aaron, Michael B. Siegel
Utah Law Faculty Scholarship
This is the first study to systematically catalog sponsorship of national health organizations by soda companies. Because health organizations have strong voices in lawmaking and politics, it is important to understand the extent and nature of sponsorships by soda companies. This study found that the Coca-Cola Company sponsored 94 and PepsiCo sponsored 13 national health organizations. Although it seems the Coca-Cola Company may invest more than PepsiCo in sponsorships, this result is likely due to bias from increased availability of Coca-Cola sponsorship records. These records were released as part of the transparency initiative, which the Coca-Cola company started after it …
Big Data And The Americans With Disabilities Act,
2017
Case Western Reserve University School of Law
Big Data And The Americans With Disabilities Act, Sharona Hoffman
Faculty Publications
While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and …
Trial And Error: Legislating Adr For Medical Malpractice Reform,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Scholarly Works
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers' dominant focus on reducing providers' liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution ("ADR"). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients' access …
Teaching The Hipaa Privacy Rule,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Teaching The Hipaa Privacy Rule, Stacey A. Tovino
Scholarly Works
Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include, but certainly are not limited to, a final rule published on January 25, 2013, governing the use and disclosure of protected health information by covered entities and their business associates (the …
The Use And Abuse Of Mutual-Support Programs In Drug Courts,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Use And Abuse Of Mutual-Support Programs In Drug Courts, Sara Gordon
Scholarly Works
There is a large gap between what we know about the disease of addiction and its appropriate treatment, and the treatment received by individuals who are ordered into treatment as a condition of participation in drug court. Most medical professionals are not appropriately trained about addiction and most addiction treatment providers do not have the education and training necessary to provide appropriate evidence-based services to individuals who are referred by drug courts for addiction treatment. This disconnect between our understanding of addiction and available addiction treatment has wide-reaching impact for individuals who attempt to receive medical care for addiction in …
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino
Scholarly Works
In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …
