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Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher 2023 Touro University Jacob D. Fuchsberg Law Center

Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher

Touro Law Review

In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).


Stopping Criminalization At The Bedside, Wendy A. Bach, Mishka Terplan 2023 University of Tennessee College of Law

Stopping Criminalization At The Bedside, Wendy A. Bach, Mishka Terplan

Scholarly Works

Low-income women and, disproportionately low-income women of color seeking reproductive and pregnancy care are increasingly subject to what this article terms carceral care – care compromised by its’ proximity to punishment systems. This article identifies the legal and health care practice mechanisms leading to carceral care and proposes solutions designed to stop criminalization at the bedside.


Drug Strategy: The City Of Marshall, Arif Akgul 2023 Indiana State University

Drug Strategy: The City Of Marshall, Arif Akgul

2022 Fall Reports (Marshall, IL)

This course introduces the students the main themes and elements of intelligence. Specifically, the students will identify the intelligence community, intelligence cycle, policy making process, and critical issues about intelligence discipline. According to Clark (2016, p.294) “strategic intelligence is about the production of intelligence that is required for forming policy, strategy and plans in government, the military, law enforcement, and industry. Strategic Intelligence is typically a product of intelligence research.” This course is divided into three parallel tracks covering strategic theory, the practice of strategic intelligence, and the application of those principles to “real life” problems. Students will participate throughout …


Hipaa V. Dobbs, Wendy A. Bach, Nicolas Terry 2023 University of Tennessee College of Law

Hipaa V. Dobbs, Wendy A. Bach, Nicolas Terry

Scholarly Works

A few days after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the Biden administration issued guidance seeking to reassure doctors and patients that the federal HIPAA Privacy Rule would allow women to feel confident that they could still seek reproductive healthcare without worrying that the information in their medical records would end up in the hands of police. As scholars focused respectively on the criminalization of poverty and reproductive conduct (Wendy Bach) and health policy and privacy (Nicolas Terry), we were less than reassured. We write this essay to emphasize how, rather than revealing the strength of …


Intellectual Property And The Politics Of Public Good In Covid-19: Framing Law, Institutions, And Ideas During Trips Waiver Negotiations At The Wto, Sara E. Fischer, Lucia Vitale, Akinyi Lisa Agutu, Matthew M. Kavanagh 2023 University of Puget Sound

Intellectual Property And The Politics Of Public Good In Covid-19: Framing Law, Institutions, And Ideas During Trips Waiver Negotiations At The Wto, Sara E. Fischer, Lucia Vitale, Akinyi Lisa Agutu, Matthew M. Kavanagh

O'Neill Institute Papers

Context: To facilitate the manufacturing of COVID-19 medical products, in October 2020, India and South Africa proposed a waiver of certain WTO intellectual property (IP) provisions. After 18 months, a narrow agreement that did little for vaccine access passed the ministerial, despite the pandemic’s impact on global trade, which the WTO is mandated to safeguard.

Methods: The authors conducted a content analysis of WTO legal texts, key actor statements, media reporting, and the WTO’s procedural framework to explore legal, institutional, and ideational explanations for the delay.

Findings: IP waivers are neither legally complex nor unprecedented within WTO …


Disciplining Doctors: A Call For Caution When Responding To Physicians' Counter-Consensus Speech In The Time Of Covid-19, Timothy MacDonnell 2023 Washington and Lee University School of Law

Disciplining Doctors: A Call For Caution When Responding To Physicians' Counter-Consensus Speech In The Time Of Covid-19, Timothy Macdonnell

Scholarly Articles

The COVID-19 pandemic affected nearly every aspect of life in the United States, including most notably, work-life, home-life, and community-life. During the pandemic, the government took extraordinary steps to try and reduce the spread of the disease by closing businesses, mandating the wearing of masks, and requiring vaccines. Government officials repeatedly justified their actions by stating that they were "following the science." However not all members of the scientific/medical community agreed with these actions. Some of these counter-consensus opinions were labeled mis/dis/mal/information.

As the COVID-19 pandemic dragged on, calls to punish doctors for COVID-19 misinformation increased. Some doctors who claimed …


Dobbs V. Jackson Women's Health Organization, Anna Grace Cole 2023 University of Tennessee College of Law

Dobbs V. Jackson Women's Health Organization, Anna Grace Cole

Tennessee Law Review

No abstract provided.


Table Of Contents, Annals of Health Law and Life Sciences 2023 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley 2023 Loyola University Chicago, School of Law

Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Micaela Enger 2023 Loyola University Chicago Law School

Foreword, Micaela Enger

Annals of Health Law and Life Sciences

No abstract provided.


There's A Pill For That: The Supreme Court's Misguided Jurisprudence On Commercial Speech Under The First Amendment And Its Implications On Direct-To-Consumer Advertising Of Prescription Drugs, Benjamin Smith 2023 Loyola University Chicago, School of Law

There's A Pill For That: The Supreme Court's Misguided Jurisprudence On Commercial Speech Under The First Amendment And Its Implications On Direct-To-Consumer Advertising Of Prescription Drugs, Benjamin Smith

Annals of Health Law and Life Sciences

No abstract provided.


Serving Two Masters: Conflicts Between Physician Employment Contracts And The Physician's Duty Of Care, Steven L. Hendler, M.D. 2023 University of Kansas School of Law, Lawrence

Serving Two Masters: Conflicts Between Physician Employment Contracts And The Physician's Duty Of Care, Steven L. Hendler, M.D.

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals of Health Law and Life Sciences 2023 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Micaela Enger 2023 Loyola University Chicago Law School

Foreword, Micaela Enger

Annals of Health Law and Life Sciences

No abstract provided.


Limiting Overall Hospital Costs By Capping Out-Of-Network Rates, David Orentlicher, Kyra Morgan, Barak Richman 2023 UNLV William S. Boyd School of Law

Limiting Overall Hospital Costs By Capping Out-Of-Network Rates, David Orentlicher, Kyra Morgan, Barak Richman

Annals of Health Law and Life Sciences

No abstract provided.


Religious Nondelegation, B. Jessie Hill 2023 Case Western Reserve University

Religious Nondelegation, B. Jessie Hill

Loyola University Chicago Law Journal

The problem of religious exemptions has given rise to a rich body of scholarly literature, as well as a flood of litigation. One recent set of cases involved challenges to the Affordable Care Act’s (ACA) health care mandates—Section 1557 and the contraceptive mandate—and their religious exemptions. Some scholars have argued that religious exemptions violate the Establishment Clause when they confer a benefit on religious individuals, the costs of which are largely borne by those who do not share the religious individuals’ beliefs—a notion that is sometimes expressed in terms of “third-party harms.” The third-party harms approach to Establishment Clause violations …


Disregarding Uncertainty, Marginalizing Patients, Elissa Philip Gentry 2023 Florida State University

Disregarding Uncertainty, Marginalizing Patients, Elissa Philip Gentry

Scholarly Publications

No abstract provided.


An Overlooked Argument For A Single-Payer Healthcare System: Eliminating Misalignment Among Payment Models, Jessica Mantel 2023 University of Houston Law Center

An Overlooked Argument For A Single-Payer Healthcare System: Eliminating Misalignment Among Payment Models, Jessica Mantel

Annals of Health Law and Life Sciences

No abstract provided.


Masking Vulnerability: Including Ppe As A Covered Service In Health Insurance, Mary Leto Pareja 2023 University of New Mexico - School of Law

Masking Vulnerability: Including Ppe As A Covered Service In Health Insurance, Mary Leto Pareja

Faculty Scholarship

The COVID-19 pandemic laid bare the shared vulnerability inherent in the human condition, prompting a collective recognition of our physical susceptibility to infectious diseases. While great strides have been made in combating COVID-19 through vaccinations and treatments, a portion of the population remains profoundly vulnerable due to health conditions that make the disease more dangerous, that limit vaccine efficacy, or that prevent vaccination altogether. This article explores a path forward by proposing a solution within health benefit plans—encompassing both private health insurance and public health benefits. Specifically, the article advocates for a coverage mandate for over-the-counter personal protective equipment (PPE) …


Fair Domestic Allocation Of Monkeypox Virus Countermeasures, Govind C. Persad, R. J. Leland, Trygve Ottersen, Henry S. Richardson, Carla Saenz, G. Owen Schaefer, Ezekiel J. Emanuel 2023 University of Denver

Fair Domestic Allocation Of Monkeypox Virus Countermeasures, Govind C. Persad, R. J. Leland, Trygve Ottersen, Henry S. Richardson, Carla Saenz, G. Owen Schaefer, Ezekiel J. Emanuel

Sturm College of Law: Faculty Scholarship

Countermeasures for mpox (formerly known as monkeypox), primarily vaccines, have been in limited supply in many countries during outbreaks. Equitable allocation of scarce resources during public health emergencies is a complex challenge. Identifying the objectives and core values for the allocation of mpox countermeasures, using those values to provide guidance for priority groups and prioritisation tiers, and optimising allocation implementation are important. The fundamental values for the allocation of mpox countermeasures are: preventing death and illness; reducing the association between death or illness and unjust disparities; prioritising those who prevent harm or mitigate disparities; recognising contributions to combating an outbreak; …


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