The Grapes Of Wrath: On The Health Of Immigration Detainees,
2016
University of Oklahoma College of Law
The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino
Faculty Articles
This Article challenges the lack of health care provided to individuals in U.S. Immigration and Customs Enforcement (“ICE”) custody. As background, many immigration detainees are physically and emotionally vulnerable at the time of initial confinement due to a history of torture and trauma, which may include human trafficking, sexual violence, political oppression, psychosocial trauma, and acculturative stress. Detention can exacerbate preexisting vulnerabilities and contribute to severe physical and mental illness as well as death. Between October 2003 and October 2015, 153 individuals died while in ICE custody. Although most proposals for detainee health reform borrow heavily from constitutional law, international …
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power,
2016
Indiana University Maurer School of Law
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney
Indiana Law Journal
The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.
It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits,
2016
Indiana University Maurer School of Law
It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd
Indiana Law Journal
With lifestyle-related disease on the rise and an increasing number of employers being held responsible for providing health insurance to their employees, we as a society have incentives to promote wellness, even if only to cut health care costs. Part I of this Note outlines a brief history of employer-provided wellness benefits and provides a concise summary of the employer-provided wellness benefits available. Part II analyzes the relevant federal income tax law, specifically, the fringe benefits provision of the Internal Revenue Code, and concludes that under existing tax law, on-premises gym facilities do not yield any taxable income to employees, …
Diy Solutions To The Hobby Lobby Problem,
2016
Loyola Marymount University and Loyola Law School
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Loyola of Los Angeles Law Review
No abstract provided.
Improving The Medical Services System's Response To Domestic Violence,
2016
Florida State University College of Law
Improving The Medical Services System's Response To Domestic Violence, Nat Stern, Karen Oehme, Elizabeth Donnelly, Rebecca Melvin
Scholarly Publications
No abstract provided.
El Aborto En El Derecho Transnacional: Casos Y Controversias: Introducción,
2016
Dalhousie University Schulich School of Law
El Aborto En El Derecho Transnacional: Casos Y Controversias: Introducción, Rebecca Cook, Joanna Erdman, Bernard Dickens
Articles, Book Chapters, & Popular Press
El debate jurídico y judicial sobre el aborto ha tenido, a lo largo del siglo XX y principios del XXI, importantes revoluciones en su abordaje teórico y práctico, que son expresión de estrategias de sectores sociales, religiosos y políticos que en ocasiones resultan contrapuestas. Éste es un completo balance dinámico sobre las nuevas transiciones actuales y posibles y los desarrollos jurídicos más significativos a nivel transnacional en el tema del aborto, y da cuenta del nuevo desarrollo conceptual que concibe la idea de que no sólo la sanción penal, sino también la amenaza de la sanción penal, ponen en riesgo …
‘And Miles To Go Before I Sleep’: The Future Of End Of Life Law And Policy In Canada,
2016
Dalhousie University Schulich School of Law
‘And Miles To Go Before I Sleep’: The Future Of End Of Life Law And Policy In Canada, Jocelyn Downie
Articles, Book Chapters, & Popular Press
This paper reviews the legal status of a number of end-of-life law and policy issues that have, to date, been overshadowed by debates about medical assistance in dying. It suggests that law reform is needed in relation to palliative sedation without artificial hydration and nutrition, advance directives for the withholding and withdrawal of oral hydration and nutrition, unilateral withholding and withdrawal of potentially life-sustaining treatment, and the determination of death. To leave the law in its current uncertain state is to leave patients vulnerable to having no access to interventions that they want or, at the other extreme, being forced …
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?,
2016
Dalhousie University Schulich School of Law
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The tort system is roundly indicted for its inadequacies in providing compensation in response to injury. More egregious is its response to injuries incurred due to negligence in the provision of healthcare services specifically. Despite numerous calls for reform, tort-based compensation has persisted as the norm to date. However, recent developments regarding physician malpractice lead to consideration of the possibility of a move to “no-fault” compensation for healthcare-related injuries. In this paper, I explore these developments, examine programs in various foreign jurisdictions which have adopted no-fault compensation for medical injury, and discuss the wisdom and feasibility of adopting an administratively-based …
Agonizing Identity In Mental Health Law And Policy (Part I),
2016
Dalhousie University Schulich School of Law
Agonizing Identity In Mental Health Law And Policy (Part I), Sheila Wildeman
Articles, Book Chapters, & Popular Press
In this two-part paper, the author explores the significance of identity in mental health law and policy. In this as in other socio-legal domains, identity functions to consolidate dissent as well as to effect social control. The author asks: where do legal experts stand in relation to the identity categories that run so deep in this area of law and policy? More broadly, she asks: is “mental health” working on us — on the mental health disabled, legal scholars, all of us — in ways that are impairing our capacity for social justice? In the first part of the paper, …
Agonizing Identity In Mental Health Law And Policy (Part Ii): A Political Taxonomy Of Psychiatric Subjectification,
2016
Dalhousie University Schulich School of Law
Agonizing Identity In Mental Health Law And Policy (Part Ii): A Political Taxonomy Of Psychiatric Subjectification, Sheila Wildeman
Articles, Book Chapters, & Popular Press
This is the second part of a two-part essay exploring the function of identity in mental health law and policy, or more broadly, the function of identity in the politics of mental health. Part one began with the Foucauldian exhortation to undertake a “critical ontology of ourselves,” and adopted the methodology of autoethnography to explore the construction or constructedness of the author’s identity as an expert working in the area of mental health law and policy. That part concluded with a gesture of resistance to identification on one or the other side of the mental health/ illness divide (the divide …
International Human Rights And The Mistreatment Of Women During Childbirth,
2016
Dalhousie University Schulich School of Law
International Human Rights And The Mistreatment Of Women During Childbirth, Rajat Khosla, Christina Zampas, Joshua P. Vogel, Meghan A. Bohren, Mindy Roseman, Joanna Erdman
Articles, Book Chapters, & Popular Press
International human rights bodies have played a critical role in codifying, setting standards, and monitoring human rights violations in the context of sexual and reproductive health and rights. In recent years, these institutions have developed and applied human rights standards in the more particular context of maternal mortality and morbidity, and have increasingly recognized a critical human rights issue in the provision and experience of care during and after pregnancy, including during childbirth. However, the international human rights standards on mistreatment during facility-based childbirth remain, in an early stage of development, focused largely on a discrete subset of experiences, such …
Carter, Medical Aid In Dying, And Mature Minors,
2016
Schulich School of Law, Dalhousie University
Carter, Medical Aid In Dying, And Mature Minors, Constance Macintosh
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada’s decision in Carter v Canada (AG) decriminalized medical aid in dying in certain defined circumstances. One of those circumstances is that the person seeking assistance be an “adult.” This article argues that the regulatory response to this decision must approach the idea of “adult” in terms of the actual medical-decisional capacity of any given individual, and not rely upon age as a substitute for capacity. This article surveys jurisdictions where minors are included in physician-assisted dying regimes, and identifies what little empirical evidence exists regarding requests from minors. The heart of the article considers the …
Permitting Voluntary Euthanasia And Assisted Suicide: Law Reform Pathways For Common Law Jurisdictions,
2016
Dalhousie University - Schulich School of Law
Permitting Voluntary Euthanasia And Assisted Suicide: Law Reform Pathways For Common Law Jurisdictions, Jocelyn Downie
Articles, Book Chapters, & Popular Press
End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences …
Medical Certificates Of Death: First Principles And Established Practices Provide Answers To New Questions,
2016
Dalhousie University - Schulich School of Law
Medical Certificates Of Death: First Principles And Established Practices Provide Answers To New Questions, Jocelyn Downie, Kacie Oliver
Articles, Book Chapters, & Popular Press
Voluntary euthanasia became legal in Quebec in December 2015,1 although the legislation is currently the subject of litigation. In addition, physician-assisted death will become legal across Canada in February 2016, barring an extension on the deadline being given by the Supreme Court of Canada. There are many questions about how physician-assisted death should be regulated. One as-yet-unanswered question is “Should physician-assisted death be recorded anywhere on the medical certificate of death?” If so, a second question follows: “How should it be recorded — as manner and/or cause?” and if the latter, “Which category of cause: immediate, antecedent or underlying?”
To …
Judging The Social Sciences In Carter V Canada (Ag),
2016
Dalhousie University Schulich School of Law
Judging The Social Sciences In Carter V Canada (Ag), Jodi Lazare
Articles, Book Chapters, & Popular Press
This paper examines a recent example of evidence-based decision making affecting social policy at the trial court level. It offers a close reading of Carter v Canada (AG), decided by the British Columbia Supreme Court, and of Justice Lynn Smith's careful scrutiny of the social science evidence when invalidating the Criminal Code prohibition on assistance in dying. Drawing on literature which examines the legal system's use of social science evidence and expert witnesses, this paper suggests that Justice Smith's treatment of the evidence in Carter provides an example of skilled judicial treatment of the extensive amounts of social science evidence …
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot),
2016
Dalhousie University Schulich School of Law
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman
Articles, Book Chapters, & Popular Press
The aim of this chapter is to go back to the basics on consent to treatment, starting with the right to refuse and building from there. Part II addresses the leading judicial statements on the value of medical self-determination, and in light of these statements, considers what is at stake in psychiatric treatment choice. Part III explores the three core elements of valid consent to treatment -- namely that consent be voluntary, informed and capable -- with attention to variation in the law amongst provinces and territories, and some lines of analysis and critique specifically applicable to mental health care …
Carter, Medical Aid In Dying, And Mature Minors,
2016
Schulich School of Law, Dalhousie University
Carter, Medical Aid In Dying, And Mature Minors, Constance Macintosh
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada’s decision in Carter v Canada (AG) decriminalized medical aid in dying in certain defined circumstances. One of those circumstances is that the person seeking assistance be an “adult.” This article argues that the regulatory response to this decision must approach the idea of “adult” in terms of the actual medical-decisional capacity of any given individual, and not rely upon age as a substitute for capacity. This article surveys jurisdictions where minors are included in physician-assisted dying regimes, and identifies what little empirical evidence exists regarding requests from minors. The heart of the article considers the …
Legal Limits And The Implementation Of The Affordable Care Act,
2016
University of Michigan Law School
Legal Limits And The Implementation Of The Affordable Care Act, Nicholas Bagley
Articles
Accusations of illegality have dogged the Obama Administration's efforts to implement the Affordable Care Act (ACA), the most ambitious piece of social legislation since the advent of Medicare and Medicaid. Some of the accusations have merit; indeed, it would be surprising if they did not. Even as the ACA's rollout has exposed unanticipated difficulties in the statutory design, congressional antipathy to health reform has precluded looking to the legislature to iron out those difficulties. To secure his principal achievement, President Obama has repeatedly tested the limits of executive authority in implementing the ACA. Six years after its enactment and two …
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720,
2016
Osgoode Hall Law School of York University
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
We Have The Tools To End Hiv: Benefits, Barriers, And Solutions To Expanded Utilization Of Pre-Exposure Prophylaxis (Prep) In The Us Deep South,
2016
Duke Law School
We Have The Tools To End Hiv: Benefits, Barriers, And Solutions To Expanded Utilization Of Pre-Exposure Prophylaxis (Prep) In The Us Deep South, Jason Ervin, Allison Weller Tikare, Carolyn Mcallaster
Faculty Scholarship
No abstract provided.
