Criminalizing The Transmission Of Hiv: Consent, Disclosure, And Online Dating,
2014
SJ Quinney College of Law, University of Utah
Criminalizing The Transmission Of Hiv: Consent, Disclosure, And Online Dating, Alexandra Mccallum
Utah Law Review
Ever since Human Immunodeficiency Virus (HIV) was first recognized as a widespread public health problem, policymakers and legal scholars have considered how criminal law should be used to influence the sexual behavior of people with HIV. Surely, HIV is a problem that affects the general health, safety, and welfare of citizens. Thus, as most cases of HIV are transmitted through sexual conduct, states can regulate this conduct pursuant to their police powers. Generally, states that criminalize the transmission of HIV through sexual conduct provide an exception for HIV-positive individuals who disclose their status and obtain consent5 from their partners. However, …
Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect,
2014
St. John's University School of Law
Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malavé
Faculty Publications
Inadequate prison health care has created a health crisis for reentering prisoners and their communities—a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the “evolving standards of decency” that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …
Pacific Nortwest Perspective: The Impact Of The America Invents Act On Nonprofit Global Health Organizations,
2014
University of Washington School of Law
Pacific Nortwest Perspective: The Impact Of The America Invents Act On Nonprofit Global Health Organizations, John Morgan, Veronica Sandoval
Washington Journal of Law, Technology & Arts
The Leahy-Smith America Invents Act of 2011 (AIA) makes fundamental changes to the legislative landscape governing patent law in the United States and will bring about corresponding changes in the manner in which inventors and attorneys address patent issues. While the law is newly implemented, inventors in all sectors of the economy are eager to formulate reactions to it. In this Article, we explore the effects of the AIA on nonprofit research organizations dedicated to global health and life sciences. We report the perspectives of counsel representing such organizations throughout the Pacific Northwest. We also consider the patent system, and …
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention,
2014
University of Richmond
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Richmond Public Interest Law Review
This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality,
2014
Center for Human Rights & Global Justice
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf
Cardozo Journal of Equal Rights & Social Justice
Regular menstruation signals a woman's health and fertility. menstruation is surrounded by shame, secrecy, embarrassment, fear, humiliation, silence, taboo, and stigma. Linked to this taboo, many cultural and religious norms-often grounded in patriarchal assumptions-seek to prevent contact with menstruating women and girls in order to avoid 'contamination' or 'becoming impure'. To some extent, this perception of menstruation is a paradox, given that motherhood is glorified. However, menstruation is not perceived as feminine', and it does not conform to the stereotypical role and behavior of women. Such stereotypes require women to be beautiful and beautified, deodorized and fresh, not bloody and …
Redescribing Health Privacy: The Importance Of Information Policy,
2014
Brooklyn Law School
Redescribing Health Privacy: The Importance Of Information Policy, Frank Pasquale
Faculty Scholarship
No abstract provided.
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda,
2014
Brooklyn Law School
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank Pasquale
Faculty Scholarship
No abstract provided.
Protecting Public Health From Inside A Jail Cell,
2014
Loyola University Chicago, School of Law
Protecting Public Health From Inside A Jail Cell, Sarah Geduldig
Public Interest Law Reporter
No abstract provided.
No Longer Uninsured: Residents Of Illinois With A Preexisting Condition Of Aids, Hiv, Mental Health, Or Substance Use Are Now Covered Under The Affordable Care Act,
2014
Chief Administrative Law Judge and Bureau Chief of Administrative Hearings, IL Dept. of Healthcare and Family Services
No Longer Uninsured: Residents Of Illinois With A Preexisting Condition Of Aids, Hiv, Mental Health, Or Substance Use Are Now Covered Under The Affordable Care Act, Sonia A. Antolec, Alexis D. Figueroa
Public Interest Law Reporter
No abstract provided.
Presuming Consent To Posthumous Reproduction ,
2014
University of New Brunswick College of Law
Presuming Consent To Posthumous Reproduction , Hilary Young
Journal of Law and Health
I begin by explaining what presuming consent to posthumous reproduction would mean, then justify a presumed consent policy in some circumstances by considering the relevant interests at stake. Specifically, I distinguish between a person’s interest, while alive, in not being made a genetic parent after his death, and a dead person’s interest in not being made a genetic parent. I then examine the nature of the surviving partner’s interest in reproducing with her deceased partner. Each of these interests varies depending on the type of posthumous reproduction at stake. For example, all things being equal, reproduction involving interferences with a …
Elder Self-Neglect And Adult Protective Services: Ohio Needs To Do More,
2014
Cleveland State University
Elder Self-Neglect And Adult Protective Services: Ohio Needs To Do More, William White
Journal of Law and Health
Ohio APS statutes are antiquated, do not reflect the increasingly complex needs of self-neglecting elderly, and need to be changed to decrease the likelihood of significant self-harm or even death, as represented in the story of Carlene. Section II of this paper provides background information on elder self-neglect and APS. Section III discusses why Ohio needs to mandate that APS jurisdiction includes nursing facilities and how the law could be effectively changed. Section IV discusses how APS interventions need to evolve to meet the diverse needs of the growing elderly population; a singular investigative response no longer fits for every …
The Highs Of Tomorrow: Why New Laws And Policies Are Needed To Meet The Unique Challenges Of Synthetic Drugs ,
2014
Cleveland State University
The Highs Of Tomorrow: Why New Laws And Policies Are Needed To Meet The Unique Challenges Of Synthetic Drugs , Joseph A. Cohen
Journal of Law and Health
This article reviews the federal government’s attempts to control the influx of synthetic drugs, particularly synthetic cannabinoids and cathinones, into the U.S. recreational drug market since 2008. It offers three recommendations targeted at Congress, the DEA, and the Department of State on ways to prevent and control synthetic drug use in America: (1) Congress should grant the DEA a new “immediate scheduling” authority; (2) the DEA should improve information sharing with states; and (3) the Department of State and the DEA should prioritize the development of a global early warning system.
Can I See Some Id? Banning Access To Cosmetic Breast Implant Surgery For Minors Under Eighteen ,
2014
Cleveland State University
Can I See Some Id? Banning Access To Cosmetic Breast Implant Surgery For Minors Under Eighteen , Katherine Cohen Cooper
Journal of Law and Health
In many situations it is perfectly reasonable, and in fact preferable, to allow parents to consent to medical interventions on the behalf of their minor children. Parents enjoy a constitutional liberty interest in directing the upbringing of their children; it is presumed that parents will act in the best interests of their children when they substitute their experiences and judgment for a child’s in making important life decisions.8 This article highlights, however, that when it comes to providing consent for their children to undergo medically unnecessary breast implant surgery, the rationales underlying the presumption of deference to parents and medical …
Hacking Health Care: Authentication Security In The Age Of Meaningful Use ,
2014
Cleveland State University
Hacking Health Care: Authentication Security In The Age Of Meaningful Use , Gordon Gantt Jr.
Journal of Law and Health
The rapid adoption of EHRs (Electronic Health Records), to store and communicate highly personal data, raises serious concerns in terms of privacy, security, and civil and criminal liability. This note will examine the current statutory framework for addressing electronic breaches in the health care context, examine the vulnerabilities of EHRs, and look to the established world of online banking for possible legislative and practical solutions to the challenge of keeping private health information private. Finally, this note will propose key amendments to the Health Insurance Portability and Accountability Act (HIPAA) regulations to enhance authentication security.
Dispute Resolution Mechanisms For Intractable Medical Futility Disputes,
2014
Director of the Health Law Institute and an Associate Professor of Law at Hamline University
Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope
NYLS Law Review
No abstract provided.
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law.,
2014
St. Mary's University
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
St. Mary's Law Journal
It is important for all Texas lawyers to be knowledgeable about mandamus relief. Unfortunately, there is no bright line rule in terms of mandamus relief. The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals. A clear of abuse of discretion is determined if no other trial court would have come to the same conclusion. In deciding if mandamus relief is proper, appellate courts apply a balancing test. The appellate court considers several factors including: preserving relator’s substantive …
The Computer Fraud And Abuse Act: An Attractive But Risky Alternative To Texas Trade Secret Law.,
2014
St. Mary's University
The Computer Fraud And Abuse Act: An Attractive But Risky Alternative To Texas Trade Secret Law., Paul Hanna, Matthew Leal
St. Mary's Law Journal
Abstract Forthcoming.
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket.,
2014
St. Mary's University
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint
St. Mary's Law Journal
A trial court’s broad discretion in granting a new trial has been one of the mainstays of Texas jurisprudence since early statehood. Historically, this discretion was not subject to review through the ordinary appellate processes. This principle remains inviolate today, as the granting of a new trial is an interlocutory order from which the appellate courts of Texas do not have jurisdiction. Furthermore, the use of an original mandamus proceeding to compel a trial court to set aside the granting of a new trial has had only limited application. However, in response to the case of In re Columbia Medical …
A Guide To Properly Using And Responding To Requests For Admission Under The Texas Discovery Rules.,
2014
St. Mary's University
A Guide To Properly Using And Responding To Requests For Admission Under The Texas Discovery Rules., Robert K. Wise, Katherine Hendler
St. Mary's Law Journal
This article’s purpose is to provide a guide for properly using and responding to requests for admission under the Texas discovery rules. Requests for admission are an extremely effective discovery tool when used and responded to properly. Their use can save litigants considerable time and expense by eliminating and narrowing the issues involved in the cause of action. Often misunderstood, requests for admission are perhaps the least used of the major discovery devices available to litigants. Even though requests for admission have the potential to eliminate unnecessary proof at trial, streamline discovery and motion practice, and reduce pretrial and trial …
A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports.,
2014
St. Mary's University
A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports., Edward J. Imwinkelried
St. Mary's Law Journal
Abstract Forthcoming.
