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The Catholic University of America, Columbus School of Law

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Articles 1 - 30 of 85

Full-Text Articles in Health Law and Policy

It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Dr. Tracey B. Carter Mar 2018

It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Dr. Tracey B. Carter

Catholic University Law Review

Concussions and their long term effects resulting from football collisions have recently entered the forefront of social debate. Movies like Concussion as well as high-profile lawsuits due to post-concussion health effects have casted a spotlight on brain injuries at the collegiate and professional level. However, this debate has equal application in youth sports—recent studies show that sports-related concussions at the elementary, middle, and high school levels are equally concerning.

Youth sports are safer when fewer athletes suffer from sports-related concussions. But litigation is not the best avenue to make youth sports safer. Youth sports can be improved by: 1 ...


Privacy Of Information And Dna Testing Kits, Shanna Raye Mason Jan 2018

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson Jan 2017

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow Jan 2017

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the ...


Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony Sep 2016

Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony

Catholic University Law Review

In Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court struck down regulations that it believed would inhibit a woman’s ability to receive meaningful personal consultation and support before choosing to have an abortion. The Court thus echoed what it had emphasized in Roe v. Wade more than 40 years earlier—that an abortion decision would follow an extensive discussion between a woman and her physician. An ob/gyn who provides a woman with regular care likely is best equipped to offer this type of consultation, but most ob/gyns do not perform abortions, and there is ...


Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete Jun 2016

Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete

Catholic University Law Review

The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a ...


The Affordable Care Act Is Not Tort Reform, Andrew F. Popper Feb 2016

The Affordable Care Act Is Not Tort Reform, Andrew F. Popper

Catholic University Law Review

On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced ...


The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg Sep 2015

The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg

Catholic University Law Review

Explaining why the additive menthol in tobacco products creates major public health risks, this article advocates for restricting the addition of menthol in cigarettes as a way to reduce smoking-related disease and death. Author Michael Freiberg describes how the decision to regulate menthol in tobacco products, on a federal level, was historically delegated by Congress to the discretion of the U.S. FDA, outlines the U.S. FDA’s subsequent failure to regulate menthol, and surveys state and local government efforts to regulate menthol in response to the FDA’s inaction. The article proposes additional actions that these state and ...


Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy Apr 2015

Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy

Catholic University Law Review

This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision ...


Masthead Jan 2015

Masthead

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Table Of Contents Jan 2015

Table Of Contents

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Burwell V. Hobby Lobby Stores, Inc. - The U.S. Supreme Court Holds That The Religious Freedom Restoration Act Trumps The Affordable Care Act, Sue Ganske Jan 2015

Burwell V. Hobby Lobby Stores, Inc. - The U.S. Supreme Court Holds That The Religious Freedom Restoration Act Trumps The Affordable Care Act, Sue Ganske

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Navigating The Law Of Defense Counsel Ex Parte Interviews Of Treating Physicians, Joseph Regalia, V. Andrew Cass Jan 2015

Navigating The Law Of Defense Counsel Ex Parte Interviews Of Treating Physicians, Joseph Regalia, V. Andrew Cass

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Dead Soldiers And Their Posthumously Conceived Children, Charles P. Kindregan Jr. Jan 2015

Dead Soldiers And Their Posthumously Conceived Children, Charles P. Kindregan Jr.

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Unjust Barriers: Prenatal Care And Undocumented Immigrants, Casey Colleen Lee Jan 2015

Unjust Barriers: Prenatal Care And Undocumented Immigrants, Casey Colleen Lee

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


From The New Deal To The New Healthcare: A New Deal Perspective On King V. Burwell And The Crusade Against The Affordable Care Act, Sarah Helene Duggin Jan 2015

From The New Deal To The New Healthcare: A New Deal Perspective On King V. Burwell And The Crusade Against The Affordable Care Act, Sarah Helene Duggin

Scholarly Articles and Other Contributions

Americans describe the new healthcare system established by the Patient Protection and Affordable Care Act (“ACA”) as both a blessing and a nightmare. For millions of low and middle income Americans, the ACA offers access to health insurance they could not otherwise afford. The ACA’s opponents, however, view the new healthcare system as a threat to economic prosperity, an intrusion on personal liberty and a violation of the principles of federalism at the heart of our system of government. These same kinds of arguments were made more than eighty years ago in response to President Franklin Delano Roosevelt’s ...


The Subsidy Question In King V. Burwell, Antonio F. Perez Jan 2015

The Subsidy Question In King V. Burwell, Antonio F. Perez

Scholarly Articles and Other Contributions

On the surface, King v. Burwell appears to be a simple case about statutory interpretation. In the Affordable Care Act (widely known as Obamacare), when Congress referred to the “State,” in the provision triggering federal subsidies to insurance consumers for purchases made from federally-authorized insurance providers selling federally-authorized insurance products, should the “State” be understood to refer to the federal market (i.e., exchanges) as well as “State” markets. Simple tools of statutory construction–namely, that Congress knew full well how to refer to a “federal” exchange and failed to do so–would seem to be sufficient to supply a ...


Table Of Contents Aug 2014

Table Of Contents

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Expanding Medicaid: A Cross-State Comparative Analysis, Brian J. Farnkoff Aug 2014

Expanding Medicaid: A Cross-State Comparative Analysis, Brian J. Farnkoff

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper Aug 2014

Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner Aug 2014

Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd Aug 2014

Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


The Need To Reexamine Gina: A Call For A Business Necessity Exception To The Genetic Information Nondiscrimination Act, Alyson Horn Aug 2014

The Need To Reexamine Gina: A Call For A Business Necessity Exception To The Genetic Information Nondiscrimination Act, Alyson Horn

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Reforming Medicare-Financed Graduate Medical Education, Kate Maher Aug 2014

Reforming Medicare-Financed Graduate Medical Education, Kate Maher

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30 Aug 2014

The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Masthead Aug 2014

Masthead

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge Jun 2014

Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge

Catholic University Law Review

No abstract provided.


Re-Negotiating A Theory Of Social Contract For Universal Health Care In America Or, Securing The Regulatory State?, George P. Smith Ii Jan 2014

Re-Negotiating A Theory Of Social Contract For Universal Health Care In America Or, Securing The Regulatory State?, George P. Smith Ii

Scholarly Articles and Other Contributions

Political ideologies and evolving notions of social justice have shaped public health policies throughout American history in a quest to find a point of balance between the collective good and economic realities. In pursuit of this balance, Congress enacted the Affordable Care Act in 2010. This Article first examines the new law through the lens of the social contract as envisioned by Rousseau and adopted by the Framers of the Constitution. Using economic data, public opinion, and information from the medical community, Smith and Gallena proceed to offer a frank appraisal of the state of health care in America and ...


Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller Jan 2013

Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller

Catholic University Law Review

No abstract provided.


Gently Into The Good Night: Toward A Compassionate Response To End-Stage Illness, George P. Smith Ii Jan 2013

Gently Into The Good Night: Toward A Compassionate Response To End-Stage Illness, George P. Smith Ii

Scholarly Articles and Other Contributions

End-of-life decision making by health care providers must respect individual patient values. Indeed, these values must always be viewed as the baseline for developing and pursuing patient-centered palliative care for those with terminal illness. Co-ordinate with this fundamental bioethics principle is that of beneficence or, in other words, respect for conduct which benefits the dying patient by alleviating end-stage suffering — be it physical or existential. Compassion, charity, agape and/or just common sense, should be a part of setting normative standards and of legislative and judicial responses to the task of managing death. Aided by the principles of medical futility ...