Power To The People: Data Citizens In The Age Of Precision Medicine,
2016
University of Houston Law Center
Power To The People: Data Citizens In The Age Of Precision Medicine, Barbara J. Evans
Vanderbilt Journal of Entertainment & Technology Law
Twentieth-century bioethics celebrated individual autonomy but framed autonomy largely in terms of an individual's power to make decisions and act alone. The most pressing challenges of big data science in the twenty-first century can only be resolved through collective action and common purpose. This Article surveys some of these challenges and asks how common purpose can ever emerge on the present bioethical and regulatory landscape. The solution may lie in embracing a broader concept of autonomy that empowers individuals to protect their interests by exercising meaningful rights of data citizenship. This Article argues that twentieth-century bioethics was a paternalistic, top-down …
Healthcare Access In Women’S Prisons: An Intersectional Perspective,
2016
Virginia Commonwealth University
Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray
UROP Posters
This project will be identifying the key factors that contribute to the significant lack of health care in prisons in the U.S., specifically in women’s correctional facilities. I will be lending my focus to disparities in mental health, HIV/AIDs care, reproductive health, trans health, and physical health issues among women who are either currently incarcerated or those who have completed their sentences and are at higher risk for re-entry after attempting re-integration. There is a lack of care, access, and proper treatment for women inmates in U.S. prisons and reform is needed. I foresee the best possible way to accomplish …
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016),
2016
UIC School of Law
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger
UIC Law Review
Youth in the foster care system often have no one person who is clearly authorized to make medical decisions for them. From a caseworker insisting upon a vaccine to a birth parent refusing permission for psychotropic medication, the evidence supports the argument that who makes these decisions matters for children’s rights. The Author reviewed relevant laws and policies, surveyed stakeholders to understand actual practices, then interviewed a subset of these stakeholders to get further details about who decides what care a young person receives. This Article argues that policies should be nuanced but consistent, promoting birth parent involvement and family …
A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016),
2016
UIC School of Law
A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston
UIC Law Review
This comment will explain the necessity for federal regulation of surrogacy contracts by analyzing the current state of surrogacy laws across the United States. This will be accomplished by examining the fragmented state system and how this largely ignored area of the law has been a feeding ground for widespread forum shopping and inconsistent results. This comment will then address the public policy reasons in support of enforcing these contracts. Next, this comment will examine the avenues of congressional power for regulating these types of contracts. Lastly, this comment will propose that the federal government implement legislation containing key language …
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016),
2016
UIC School of Law
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook
UIC Law Review
The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation,
2016
Barry University
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law,
2016
Boston University School of Public Health
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich
Faculty Scholarship
As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …
Instrumental And Transformative Medical Technologies,
2016
Boston University School of Public Health; Boston University School of Law
Instrumental And Transformative Medical Technologies, Nicole Huberfeld
Faculty Scholarship
This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (A CA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health …
International Cooperation To Improve Access To And Sustain Effectiveness Of Antimicrobials,
2016
University of Oslo
International Cooperation To Improve Access To And Sustain Effectiveness Of Antimicrobials, Christine Årdal, Kevin Outterson, Steven Hoffman, Abdul Ghafur, Mike Sharland, Nisha Ranganathan, Richard Smith, Anna Zorzet, Jennifer Cohn, Didier Pittet, Nils Daulaire, Chantal Morel, Zain Rizvi, Manica Balasegaram, Osman Dar, David Heymann, Alison Holmes, Luke Moore, Ramanan Laxminarayan, Marc Mendelson, John-Arne Røttingen
Faculty Scholarship
Securing access to effective antimicrobials is one of the greatest challenges today. Until now, efforts to address this issue have been isolated and uncoordinated, with little focus on sustainable and international solutions. Global collective action is necessary to improve access to life-saving antimicrobials, conserving them, and ensuring continued innovation. Access, conservation, and innovation are beneficial when achieved independently, but much more effective and sustainable if implemented in concert within and across countries. WHO alone will not be able to drive these actions. It will require a multisector response (including the health, agriculture, and veterinary sectors), global coordination, and financing mechanisms …
Contours Of Gmo Regulation And Labeling,
2016
California Western School of Law
Contours Of Gmo Regulation And Labeling, Joanna K. Sax
Faculty Scholarship
No abstract provided.
The Uneasy Case For Food Safety Liability Insurance,
2016
Brooklyn Law School
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
Brooklyn Law Review
Foodborne illnesses sicken millions and kill thousands of Americans every year, leading many to conclude that our dysfunctional government food safety system, which still relies heavily on physical inspections of food and facilities, is incapable of protecting us. As a result, many now look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This article examines the benefits and drawbacks to food safety liability insurance and raises doubts about its ability to improve food safety. The market for safe food is plagued by overwhelming information problems that …
Reforming Healthcare Reform,
2016
University of South Carolina - Columbia
Reforming Healthcare Reform, Jacqueline Fox
Faculty Publications
No abstract provided.
Introduction - Fact Patterns From Anonymous Closed Medical Liability Cases,
2016
New York Law School
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.
Wage Theft As Public Larceny,
2016
Brooklyn Law School
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Brooklyn Law Review
Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …
Hiv/Aids Care And Prevention Infrastructure In The U.S. Deep South,
2016
Duke Law School
Hiv/Aids Care And Prevention Infrastructure In The U.S. Deep South, Susan S. Reif, Kristen Sullivan, Elena Wilson, Miriam Berger, Carolyn Mcallaster
Faculty Scholarship
No abstract provided.
Electronic Health Records And Medical Big Data: Law And Policy,
2016
Case Western Reserve University School of Law
Electronic Health Records And Medical Big Data: Law And Policy, Sharona Hoffman
Faculty Publications
This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It is useful both as a primer for students and as a resource for knowledgeable professionals. The book analyzes the shortcomings and benefits of EHR systems, explores the law's response to the technology’s adoption, highlights gaps in the current legal framework, and develops detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns, but also other important challenges, such as those related to data quality …
Masthead,
2016
Case Western Reserve University School of Law
The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade,
2016
Case Western Reserve University School of Law
The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup
Health Matrix: The Journal of Law-Medicine
A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.
The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession,
2016
Case Western Reserve University School of Law
The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan
Health Matrix: The Journal of Law-Medicine
The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.
Improving The Emergency Medical Services System’S Response To Domestic Violence,
2016
Case Western Reserve University School of Law
Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin
Health Matrix: The Journal of Law-Medicine
The article examines the need of a strategy in the U.S. for the emergency health care that would include an role for emergency medical services (EMS) in preventing domestic violence. Topics discussed include ways to increase the degree of consistency and accountability of the EMS system, training on domestic violence for EMS personnel, and requirement of universal screening of female patients for domestic violence.
