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The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study, Ellen W. Clayton, Congning Ni, et al. 2022 Vanderbilt University Law School

The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study, Ellen W. Clayton, Congning Ni, Et Al.

Vanderbilt Law School Faculty Publications

In November 2018, a Chinese researcher reported that his team had applied clustered regularly interspaced palindromic repeats or associated protein 9 to delete the gene C-C chemokine receptor type 5 from embryos and claimed that the 2 newborns would have lifetime immunity from HIV infection, an event referred to as #GeneEditedBabies on social media platforms. Although this event stirred a worldwide debate on ethical and legal issues regarding clinical trials with embryonic gene sequences, the focus has mainly been on academics and professionals. However, how the public, especially stratified by geographic region and culture, reacted to these issues is not ...


Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights, Zachary E. Shapiro, Allison Rabkin Golden, Gregory E. Antill, Katherine Fang, Chaarushena Deb, Elizabeth Clarke, Alexis Kallen, Hanya M. Qureshi, Kai Shulman, Caroline V. Lawrence, Laura C. Hoffman, Megan S. Wright, Joseph J. Fins 2022 Weill Cornell Medical College

Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights, Zachary E. Shapiro, Allison Rabkin Golden, Gregory E. Antill, Katherine Fang, Chaarushena Deb, Elizabeth Clarke, Alexis Kallen, Hanya M. Qureshi, Kai Shulman, Caroline V. Lawrence, Laura C. Hoffman, Megan S. Wright, Joseph J. Fins

Boston College Law Review

The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with serious brain injuries, this Article aims to provide insight into the shortcomings of the ADA, specifically focusing on lackluster enforcement of the legislation and its failure to incorporate promising new technologies. These limitations of the ADA are made even more clear in light of the evolution occurring in the understanding of rights and capabilities. As such, the ...


Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary LeCompte 2022 University of Cincinnati College of Law

Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte

University of Cincinnati Law Review

No abstract provided.


Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai 2022 Boston University School of Law

Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai

Shorter Faculty Works

Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.


“Dueling” Experts And The False Claims Act: Weaponizing Legal Falsity To Combat Hospice Fraud, Kristen Parnigoni 2022 Boston College Law School

“Dueling” Experts And The False Claims Act: Weaponizing Legal Falsity To Combat Hospice Fraud, Kristen Parnigoni

Boston College Law Review

In 2020, in United States ex rel. Druding v. Care Alternatives, the United States Court of Appeals for the Third Circuit advanced a broad interpretation of “falsity” under the federal False Claims Act (FCA) to allow conflicting medical opinions on a patient’s medical prognosis as evidence of false certification for hospice eligibility. In doing so, the court rejected a blanket rule that clinical judgments are immune from legal challenge and dismissed an “objective falsehood” requirement because it inappropriately conflated elements of the statute. The holding has important implications in industries with high risk for fraud, particularly the for-profit hospice ...


Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas 2022 Wellesley College

Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas

The Compass

No abstract provided.


Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians, 2022 Touro College Jacob D. Fuchsberg Law Center

Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians

Touro Law Review

No abstract provided.


Resuscitating Consent, Megan S. Wright 2022 Pennsylvania State University

Resuscitating Consent, Megan S. Wright

Boston College Law Review

The scholarly focus on autonomy in healthcare decision making largely has been on information about, rather than consent to, medical treatment. There is an assumption that if a patient has complete information and understanding about a proposed medical intervention, then they will choose the treatment their physician thinks is best. True respect for patient autonomy means that treatment refusal, whether informed or not, should always be an option. But there is evidence that healthcare providers sometimes ignore treatment refusals and resort to force to treat patients over their contemporaneous objection, which may be facilitated by the incapacity exception to informed ...


Disaster Vulnerability, Lisa Grow, Brigham Daniels, Doug Spencer, Chantel Sloan, Natalie Blades, M. Teresa Gómez, Sarah R. Christensen 2022 BYU Law School

Disaster Vulnerability, Lisa Grow, Brigham Daniels, Doug Spencer, Chantel Sloan, Natalie Blades, M. Teresa Gómez, Sarah R. Christensen

Boston College Law Review

Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a ...


Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder 2022 Liberty University

Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder

Helm's School of Government Conference

No abstract provided.


Fertility Fraud: The Child's Claims, Fredrick E. Vars 2022 University of Alabama - Tuscaloosa

Fertility Fraud: The Child's Claims, Fredrick E. Vars

Boston College Law Review

A shocking number of fertility doctors surreptitiously use their own sperm during insemination procedures. Courts and commentators have explained how medical malpractice and common-law tort claims can provide the mother with remedies. The children of fertility fraud have received less attention. This Essay is the first to systematically analyze the potential claims of these children, whose identities may be shattered by discovering the truth about their biological father. It concludes that creative use of existing common-law torts can provide remedies for children of fertility fraud.


Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope 2022 University of Maine School of Law

Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope

Maine Law Review

Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions ...


Legal Age, Alexander A. Boni-Saenz 2022 Chicago-Kent College of Law

Legal Age, Alexander A. Boni-Saenz

Boston College Law Review

How old are you? This deceptively simple question has a clear answer in the law, which is a number measuring the amount of time that has elapsed since birth. However, as scientists discover various biomarkers of human aging and individuals openly embrace more fluid identities, this chronological definition will soon have to compete with biological and subjective alternatives. Legal scholars have previously examined the role of age in the legal system, but they have done so assuming a chronological definition. This is the first Article to examine critically the antecedent question of how we should define legal age after one ...


How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard 2022 Brooklyn Law School

How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard

Brooklyn Law Review

The sharply rising deaths associated with use of synthetic opioids in the United States highlight the failure of a legislative strategy focused on reducing the availability of prescription opioids. However, since synthetic opioids prescribed for pain relief have never been a major contributor to either developing opioid dependence or dying from opioid use, it is not surprising that these measures have not only failed to reduce deaths, but have also caused considerable harm to people in need of pain relief. Yet reversing them and taking a public health approach focused on preventing the most serious harms associated with synthetic opioids ...


Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood 2022 Brooklyn Law School

Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood

Brooklyn Law Review

Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing ...


Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer 2022 The Institute of World Politics

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer

Chicago-Kent Law Review

No abstract provided.


The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter 2022 University of Virginia School of Law

The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter

Chicago-Kent Law Review

No abstract provided.


Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum 2022 Yale University and Zvi Meitar Institute for Legal Implications of Emerging Technologies

Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum

Chicago-Kent Law Review

No abstract provided.


A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky 2022 Georgia State University College of Law

A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky

Chicago-Kent Law Review

No abstract provided.


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