Health Law and Policy Commons^™

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue To Ignore Modern Medicine And Contort The Standard Of Care?, Marc D. Ginsberg

Journal of Law and Health

The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine. Nevertheless, various states in the U.S. continue to adhere to a locality rule. This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas. The paper concludes by suggesting that locality rules should be eliminated in favor of a national standard of care.

Rest In The Mourning: Navigating Assisted Suicide And Autonomy, Jada Rhome

Journal of Law and Health

Life, in all its diversity, has always been revered for its beauty, be it in the myriad opportunities it presents, the relationships we forge, or the cyclical changes that shape our journey. Yet, life’s harsh winters, those prolonged periods of suffering, often push the boundaries of endurance, prompting the question: Should we insist on perseverance when the hope of relief seems distant? This paper aims to explore this very question in the context of assisted suicide. This paper delves into the intricate ethical landscape of assisted suicide, navigating the complex interplay between autonomy, dignity, and the sanctity of life. At …

Cannabis In The Clink: An Argument In Favor Of Medical Marijuana For Disabled Inmates, Sophia Dechurch

Journal of Law and Health

In recent decades, medical marijuana programs have become commonplace, and most states in the United States of America are ready to accept marijuana as a natural alternative to treat symptoms of certain conditions such as chronic pain, cancer, mental illness, multiple sclerosis (MS), HIV/AIDS, and substance use disorder; as such, medical marijuana is readily accessible to those who have a qualifying diagnosis – the exception being those who are incarcerated. Although disability, substance abuse, and mental illness are prevalent among those under state supervision, these individuals are effectively prohibited from enjoying the benefits of medical marijuana. This Note will provide …

Public Funds, Public Functions, Private Actors: The Cognitive Dissonance Of Us Health Law, William M. Sage

Faculty Scholarship

This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain.

Lawyering As A Public Health Tool: Enforcing Title Ii Of The Americans With Disabilities Act With Preventative Litigation, Elena Cohen

Fordham Law Review

A recent ruling by the U.S. Court of Appeals for the Fifth Circuit held that plaintiffs cannot bring a claim alleging a risk of unnecessary institutionalization under Title II of the Americans with Disabilities Act (ADA). This directly contradicts the holdings of six other circuit courts and guidance issued by the Department of Justice (DOJ)—all of which maintain that Title II of the ADA (Title II), the integration mandate, and the U.S. Supreme Court’s decision in Olmstead v. L.C. ex rel. Zimring permit these claims. This Note explores how the circuit courts have evaluated risk of unnecessary institutionalization claims, including …

Criminal Abortion And Citizen’S Arrest, Ira P. Robbins

Utah Law Review

In the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long …

Dentistry And The Law: How To Handle Visits Or Contacts By An Ice Agent, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

The article addresses how dental practices should handle visits from Immigration and Customs Enforcement (ICE) agents following the January 2025 revocation of the "sensitive locations" policy. While ICE agents can enter public areas without warrants, they require judicial warrants, administrative warrants, or subpoenas to access private areas. Practices should verify agents' identities, follow established law enforcement policies, and protect patient information under HIPAA guidelines. The article recommends developing comprehensive policies and training staff to handle law enforcement visits appropriately.

J Mich Dent Assoc March 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. This month’s issue offers an insightful article on general-purpose AI to boost creativity and efficiency in dental practice. Helpful tips on protecting your reputation are provided in an article on Myths, Tips, and Tricks to manage online reviews. Readers then learn that ADA Commons provides much more than access to current and past articles and issues of the Journal of the Michigan Dental …

Celebrating 70 Years Of Health Law At Bu, Christopher Robertson, Elizabeth Mccuskey, Aziza Ahmed, Dionne Lomax, Kathryn Zeiler, Dianne Mccarthy, Laura Stephens, Michael Ulrich, Lawrence Vernaglia, Danielle Pelfrey Duryea, Nicole Huberfeld, Kevin Outterson

Faculty Scholarship

This essay celebrates the BU Health Law Program upon its 70th anniversary, offering reflections on the founders of the program, Fran Miller, George Annas, and Wendy Mariner (“FGW,” endearingly), and their contributions to the field.

Current faculty offer reflections, including: Several speak to scholarly research, including Elizabeth McCuskey on health care finance, Aziza Ahmed on human rights, Dionne Lomax on antitrust, Christopher Robertson on trust, and Kathy Zeiler on the marketplace. Other contributors speak to the student experience, with Dianne McCarthy on mentorship, Laura Stephens on demanding excellence, Michael Ulrich on teaching, and Larry Vernaglia on merging law and public …

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

A Constitutional Mandate To Adopt Avs, Kevin Frazier

Washington and Lee Law Review Online

The rapid advancement of autonomous vehicle (“AV”) technology presents a unique opportunity to enhance public safety by drastically reducing road fatalities. Despite significant private sector investment and demonstrated improvements in AV performance, public adoption and integration remain hindered by regulatory gaps and societal skepticism. This Article argues that the federal government has an affirmative obligation, rooted in the doctrine of a right to effective government, to champion the adoption of technologies like AVs that meaningfully promote the general welfare.

Drawing on the Preamble’s mandate to advance the general welfare and lessons from the transition from the Articles of Confederation to …

The Shift: Claims Upon Which Relief Can Be Granted For Medication-Assisted Treatment-A Survey Of Rokita V. Pennsylvania Department Of Corrections, Kiara R. Douglass

Widener Commonwealth Law Review

Opioid addiction is a rising issue in the United States and is continually recognized as a public health issue. This epidemic is also rising inside prison walls. In fact, the risk of overdose death associated with opioid use is higher for individuals recently incarcerated compared to individuals who are free in society. To counteract the epidemic and help those with addiction, Medication-Assisted Treatment (MAT) programs are being used more frequently. However, the lack of availability of MAT programs in prisons continues to be a concern.

Strengthening Legal Frameworks And Patient Safety: A Narrative Review Of Medical And Dental Malpractice In Indonesia, Ghulam Mustafa, Ede Surya Darmawan

Jurnal ARSI : Administrasi Rumah Sakit Indonesia

Many cases of medical and dental malpractice in Indonesia are still related to patient safety and healthcare quality. This narrative review aims to identify solutions that can be implemented. The main focus is to compare the incidence of malpractice in clinical medical and dental practice, emphasizing legal implications, coverage, and internal organizational issues. A systematic literature search was conducted through databases such as Pubmed, ScienceDirect, Google Scholar, Springer, Garuda, and other online databases. Articles published no later than 2024. Eleven studies were selected that discussed the problem of malpractice in Indonesia. Independent screening and critical appraisal were carried out to …

The State Of The Medical Cannabis Industry And Enforcement Against Illegal Cannabis Shops, Chaz Brooks

Legislative Testimony & Comments

My name is Professor Chaz Brooks, and I am joined by several of my students who have assisted on this project, Khumar Gasimzada, Christian Nunez, and Olivia Woodmansee. Professor Priya Baskaran and I co-lead the Entrepreneurship Law Clinic at American University Washington College of Law, where we provide legal support to small businesses and entrepreneurs in Washington, D.C. (the “District” or “D.C.”). Over the past year, we have worked closely with Sean and Lashonia Thompson-El of DC Native Botanicals who received a Conditional Social Equity License for a cultivation center in October 2023. Today, we testify not only on their …

Changemaker: Justin Pruett : Juris Doctorate : More Than Words: Insurance Lawyer Justin Pruett L'11 Takes A Different Route Into The Courtroom 2-10-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Kickbacks In The Healthcare Space: Resolving The Causation Split, Joseph M. Hill

Catholic University Law Review

A three circuit split has left federal courts around the country struggling to find and apply the correct causation standard when faced with a False Claims Act suit which has been brought by way of the Anti-Kickback Statute. Uncertainty was created after one court found a lesser standard of causation was acceptable between the kickback and the false claim, while other courts found “but for” causation was required for these cases to survive. This comment analyzes the decisions of the relevant courts, as well as the common law origins of the False Claims Act, canons of construction, as well as …

The Ai-Robotic Prescription: Legal Liability When An Autonomous Ai Robot Is Your Medical Provider, Erika Sophia Grossbard

University of Miami Business Law Review

As AI-driven healthcare accelerates, lawmakers must race against time to establish vital regulations, striving to protect patient safety in an era of increasingly autonomous medical devices. The real challenges arise when an automated AI medical device harms a patient during medical care, and the law has yet to clarify how liability should be allocated among its stakeholders. Currently, semi-autonomous robots are diagnosing medical conditions and performing surgeries. Eventually, autonomous AI medical providers will enter the market, capable of making independent medical decisions and providing treatment. These autonomous robots will function more like medical practitioners rather than merely as assistive tools …

February 5, 2025 — Letter To The House Ways And Means Committee On Tax, American Dental Association

Advocacy in Action letters

No abstract provided.

Restoring The Soul To Birthing In Miami: A Call For Justice For Obstetric Racism In Miami–Dade County, Jordan Brooks, Jamarah Amani, Sannisha Dale, Dr. Karen A. Scott

University of Miami Race & Social Justice Law Review

For far too many Black mothers and birthing people, U.S. hospitals are dangerous and fail to keep our Black mothers and birthing people and their babies safe, alive, and thriving during and after childbirth. The confluence of medical racism and obstetric violence—obstetric racism—leads to a disproportionate rate of predictable, preventable, and unfair death, sickness, and trauma for Black birthing people and babies in the afterlife of slavery. Obstetric racism, as defined by Davis, is both an analytic and phenomenon that describes mechanisms of subordination, control, and dominance to which Black mothers and birthing people are subjected by health systems and …

An Examination Of The Standard Of Judgment For Court–Ordered Electroshock Therapy, Anna Irving

University of Miami Race & Social Justice Law Review

No abstract provided.