After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine,
2022
University of Maine School of Law
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
Maine Law Review
When someone presents to an emergency room with a mental illness manifesting in danger to themselves or others, they can be admitted against their will on an emergency basis to inpatient mental health care through a process colloquially known as a Blue Paper application. However, when an inpatient bed is not immediately available, patients are “boarded” against their will in emergency rooms with little to no therapeutic care, sometimes for several weeks at a time before they are transferred to inpatient care, or their condition stabilizes enough for them to be discharged into the community. In February 2020, a man …
No-One Receives Psychiatric Treatment In A Squad Car,
2022
Barry University School of Law
No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Criminal, Legal, And Ethical Kidney Donation And Transplantation: A Conceptual Framework To Enable Innovation,
2022
Stanford University
Criminal, Legal, And Ethical Kidney Donation And Transplantation: A Conceptual Framework To Enable Innovation, Alvin E Roth, Ignazio R Marino, Kimberly D Krawiec, Michael A Rees
Department of Surgery Faculty Papers
No abstract provided.
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers,
2022
The Catholic University of America, Columbus School of Law
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers, Jennifer Bard
Catholic University Law Review
When the history of the first year of the United States Government’s response to the COVID-19 virus is written, there is likely to be mention of the still unexplained vehemence with which then president Donald J. Trump made use of his access to social media to promote seldom used anti-malaria drug, hydroxychloroquine, for both the prevention and treatment of COVID-19 despite the active growing opposition of most of the world’s scientists, including his own government scientists. While the use of drugs developed and approved by the FDA for different purposes to combat new diseases, off-label prescribing, is legal in the …
Madeira Serves As Legal Commentator In Netflix’S “Our Father”,
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,
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,
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.
Narrative Capacity,
2022
Elisabeth Haub School of Law at Pace University
Narrative Capacity, James Toomey
Elisabeth Haub School of Law Faculty Publications
The doctrine of capacity is a fundamental threshold to the protections of private law. The law only recognizes private decision-making—from exercising the right to transfer or bequeath property and entering into a contract to getting married or divorced—made with the level of cognitive functioning that the capacity doctrine demands. When the doctrine goes wrong, it denies individuals, particularly older adults, access to basic private-law rights on the one hand and ratifies decision-making that may tear apart families and tarnish legacies on the other.
The capacity doctrine in private law is built on a fundamental philosophical mismatch. It is grounded in …
National Medical Commission Act, 2019: The Need For Parity,
2022
National Law School of India University
National Medical Commission Act, 2019: The Need For Parity, Ov Nandimath, S. Suhas, Y. Malik, B.C. Malathesh
Articles
The National Medical Commission (NMC) has replaced the erstwhile Medical Council of India with the intention of bringing about positive reforms in medical education and enforcing ethical standards in the practice of medicine in India. The NMC Act of 2019, under clauses 3 and 4 of Section 30, details the procedure of grievance redressal. However, these clauses in their current form empower doctors and patients unequally. While the Act empowers an aggrieved medical professional to approach the relevant appellate fora under the NMC, it is silent on a similar opportunity for an aggrieved patient or caregiver to appeal against the …
Direct Entry Midwives: Political Factors Shaping Variation In Regulation,
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 University Jacob D. Fuchsberg Law Center
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
Shadow Nursing Home Ownership: How A Failure In Government Oversight Of For-Profit Nursing Homes In New York Has Allowed Profits To Balloon And Standards Of Care To Plummet,
2022
Brooklyn Law School
Shadow Nursing Home Ownership: How A Failure In Government Oversight Of For-Profit Nursing Homes In New York Has Allowed Profits To Balloon And Standards Of Care To Plummet, Marissa Espinoza
Cardozo Journal of Equal Rights & Social Justice
Complex corporate nursing home structures have become commonplace in for-profit nursing home ownership. These structures, designed to shield owners from regulation and liability, allow owners to evade public scrutiny by obscuring the identify of true owners and allow the true owners to direct revenue to other companies they own or benefit from, such as staffing agencies, payroll businesses, and management companies. This has led to a deterioration in the standard of care for nursing home residents, society's most vulnerable population, while providing a boon in profits for the true owners. Money that should be spent on care is instead diverted …
Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax,
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 - 2021-2024
No abstract provided.
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk,
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 …
How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll,
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,
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 the …
The Art Of Regulating Art,
2022
University of Virginia School of Law
The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter
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,
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.
Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas,
2022
The Institute of World Politics
Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas, Barbara Pfeffer-Billauer
Chicago-Kent Law Review
No abstract provided.
From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design,
2022
College of Law and Science, Sha'arei Mishpat Law School
From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design, Pamela Laufer-Ukeles
Chicago-Kent Law Review
No abstract provided.
