Health Law and Policy Commons^™

Draining Chicago’S Food Swamps: Legal Approaches, Sofia Fernandez

DePaul Journal of Health Care Law

Public health is a collective responsibility of society to improve the health and wellbeing of communities, focusing on preventing disease and promoting health as opposed to providing medical care for those already ill.1 The law consists of rules issued and enforced by government entities “through which populations organize their governments, regulate social and economic interactions, and guide behavior.”2 Public health law exists at the intersection of these two fields, comprising “the legal powers and duties of the state to identify, prevent, and ameliorate risks to the health of populations, as well as the study of legal structures that have a …

Random Drug Testing Of Physicians: A Question Of Safety, Jeffrey Julian, Eli Y. Adashi, I. Glenn Cohen

DePaul Journal of Health Care Law

The prospect of mandatory random drug testing of physicians in the U.S. has been the subject of active discussion for well over three decades.1 To this day, however, such programs remain the exception rather than the rule.2 In this paper, we examine the state of mandatory random drug testing of physicians in the U.S. and explore the future prospects thereof. It was a 1986 Executive Order (Drug-Free Federal Workplace) of President Reagan that saw to it that physicians in the employ of the federal government were to be subjected to mandatory random drug testing.3 This development was attributable to the …

Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner

Washington and Lee Law Review Online

A person’s home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental disability the equal opportunity to use and enjoy their home. Fair housing law’s reasonable accommodation requirement works to ensure those living with mental illness receive the accommodations they need in order to live safely and comfortably in their own home. …

Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp

Articles

The upstream framework presented in public health and medicine considers health problems from a preventive perspective, seeking to understand and address the root causes of poor health. Medical-legal partnerships (MLPs) have demonstrated the value of this upstream framework in the practice of law and engage in upstream lawyering by utilizing systemic advocacy to address root causes of injustices and health inequities. This article explores upstreaming and its use by MLPs in reframing legal practice.

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi

Minnesota Journal of Law, Science & Technology

No abstract provided.

High Stakes: Analyzing The Legal And Law Enforcement Challenges Of Mississippi's Medical Marijuana Industry, Brighton Bensley

Honors Theses

Despite opposition from law enforcement and government officials, Mississippi citizens overwhelmingly voted in favor of establishing a medical marijuana program in 2020. The passing of Senate Bill 2095 (or the Mississippi Medical Cannabis Act) marks a significant shift in the state’s drug policy and is a rare example of my home state at the forefront of an emerging industry. My thesis examines the effects of the Mississippi Medical Cannabis Act by providing an overview of the challenges it creates for the state’s law enforcement agencies and legal community. By analyzing local news stories, public statements from officials, and studies from …

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder

Honors Projects

The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …

Compounding Inequities Through Drug Ip And Unfair Competition, Shweta Kumar

IPIPC Papers & Reports

In 2024, the United States experienced its worst drug shortage in over a decade—more than 300 drugs are in shortage, leaving patients without access to lifesaving medicines. Luckily, drug manufacturers are not the only source of drugs. Through drug compounding, licensed pharmacists can create medications that are not commercially available due to discontinuations, shortages, or other supply chain issues. The recent slew of severe drug shortages has forced patients and physicians to rely on compounding pharmacies to make critical drugs for patients—particularly vulnerable patient populations, including pediatric, disabled, and transgender patients—such as mixed amphetamine salts (sold as Adderall), semaglutide (sold …

Unplanned Pregnancy As An Independent Risk Factor For Antepartum Si In A Post Roe Vs. Wade World, Rianna Mcnamee

Rowan-Virtua Research Day

Abstract: The objective of this literature review is to determine whether unplanned pregnancy is an independent risk factor for developing antepartum SI. Background: The Supreme Court of the United States of America recently ruled that the constitution of the United States does not confer a right to abortion to its citizens. As of October 2023, twenty-one states had developed full or partial bans on abortion, resulting in millions of Americans residing in areas where terminating unplanned pregnancy is not a viable option. There is evidence that indicates antepartum suicidal ideation (SI) is higher than that of the general population, however …

Seventy-Five Years Of Global Health Lawmaking Under The World Health Organization: Evolving Foundations Of Global Health Law Through Global Health Governance, Benjamin Mason Meier, Alexandra Finch

O'Neill Institute Papers

The World Health Organization (WHO) has been shaped by global health law throughout its history. Drawing from the post-war establishment of global governance under the United Nations (UN), the modern foundations of global health law were laid by the WHO Constitution, which provided WHO with a range of normative authorities to realize its mandate as the UN’s directing and coordinating authority in global health. Yet WHO has faced political challenges in exercising these normative authorities to advance global health law, revealing the limitations of law as a foundation of global health governance. This article chronicles the 75-year evolution of global …

On The Defensive: Analyzing Insurers' Duty To Defend Pharmaceutical Companies For Contributing To The Opioid Epidemic, Madison Perry

Vanderbilt Law Review

Opioids have had a devastating impact on the United States. They have drained governmental agencies’ resources, decreased property values, and destroyed families and entire communities. A growing number of individuals, local governments, and states have filed lawsuits, aiming to hold pharmaceutical companies accountable for their negligent contributions to the epidemic. Such manufacturers, distributors, and retailers have called upon their insurers, asserting that their commercial general liability policies demand an insurer- backed and bankrolled defense. Courts are divided in their interpretation of the language contained within the at-issue policies. Some consider the claims made by certain states and local governments to …

A Problem-Based Approach To Racial And Ethnic Inequities In The German Health System, Thomas C. Lane

German Studies Undergraduate Senior Theses

This work is the first comprehensive book-length survey of racial and ethnic inequities in Germany’s health system. It takes a novel approach to understanding health inequities by focusing on the overarching structures which shape them in the German context, using examples from various areas of the health system to clarify their nuances. The Introduction grounds the need for understanding and combating health inequities in Germany’s unique postwar constitutional commitment to human dignity. Next, Chapter 1 outlines the current methods by which inequities are measured in Germany and why they are problematic. Chapter 2 covers current inequities in the provision of …

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …

There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford

Journal of Legislation

Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.

A Medical Perspective On Policy Prohibiting Gender-Affirming Care For Missouri Minors: A Policy Review, Hayley Lange

Capstone Experience: Master of Public Health

The Save Adolescents from Experimentation (SAFE) Act is a law enacted in August of 2023 that bans gender-affirming medical care for individuals under eighteen years old in Missouri and states any medical provider who gives medical gender-affirming care to a minor will have their professional medical license revoked. The impact of medical professionals withholding proven gender-affirming care is a clear concern for the medical community, advocates, and other care professionals.

PURPOSE: The purpose of this policy review is to compare the content of the Missouri Save Adolescents from Experimentation (SAFE) Act with states with similar policies and standard-of-care practices set …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

Advocacy Spotlight: Sen. Sam Singh, Mda Legislator Of The Year, Neema Katibai Jd

The Journal of the Michigan Dental Association

Sen. Sam Singh, Michigan Senate Majority Floor Leader and MDA Legislative Achievement Award recipient, discusses oral health priorities and legislative successes. In an interview, Singh highlights the passage of SB 280, which ensures oral health assessments for kindergarteners, and SB 281, which enhances network leasing transparency. Singh emphasizes the importance of oral health in overall well-being and bipartisan support for these initiatives. He credits the Michigan Dental Association for its advocacy and advises dentists to engage in advocacy through associations and direct communication with elected officials.

J Mich Dent Assoc May 2024

The Journal of the Michigan Dental Association

Every 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.

In the May 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story interview introducing MDA President Todd Christy

• A feature clinical case report on Proliferative Verrucous Leukoplakia Progressing to Squamous Cell Carcinoma

• Profiles of the 2024 MDA Awards Recipients

• A New Professional Column: “Navigating the Journey: Finding Your Practice Philosophy as a New …

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