Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

10,219 Full-Text Articles 7,511 Authors 3,654,423 Downloads 195 Institutions

All Articles in Health Law and Policy

Faceted Search

10,219 full-text articles. Page 3 of 274.

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill 2019 Columbia Law School

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...


Super Unleaded Malbec? A Case Study In Flawed International Standard Setting At The Codex Alimentarius, Justin Schwegel 2019 University of Arkansas, Fayetteville

Super Unleaded Malbec? A Case Study In Flawed International Standard Setting At The Codex Alimentarius, Justin Schwegel

Journal of Food Law & Policy

The World Trade Organization’s (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) provides rules on the adoption and enforcement of SPS measures. It also presumes that food safety regulations adopted by WTO Members that conform to relevant international standards are consistent with the SPS Agreement. The relevant international standard setting body for food safety is the Codex Alimentarius Commission, which conducts most of its food safety risk management work through subsidiary bodies such as the Codex Committee on Contaminants in Food (CCCF). CCCF establishes maximum limits for food contaminants and codes of practice for reducing ...


Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum 2019 Loyola University Chicago, School of Law

Foreword, Daniel Marino, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum 2019 Loyola University Chicago, School of Law

Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum 2019 Loyola University Chicago, School of Law

Foreword, Christopher Carlson, Daniel Marino, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum 2019 Loyola University Chicago, School of Law

Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum

Megan Bess

No abstract provided.


The Future Of Physicians’ First Amendment Freedom: Professional Speech In An Era Of Radically Expanded Prenatal Genetic Testing, Wynter K. Miller, Benjamin E. Berkman 2019 Washington and Lee University School of Law

The Future Of Physicians’ First Amendment Freedom: Professional Speech In An Era Of Radically Expanded Prenatal Genetic Testing, Wynter K. Miller, Benjamin E. Berkman

Washington and Lee Law Review

This Article explores the First Amendment questions prenatal whole genome sequencing (PWGS) is likely to raise. It argues that most of the foreseeable options for state intervention in conversations between physicians and prospective parents about genetic sequencing should trigger at least heightened scrutiny. Part I provides an overview of the most recent advances in genetic testing. It assesses the ongoing impact of non-invasive prenatal testing (NIPT) for providers and patients and charts the course from NIPT to PWGS. Part II establishes a foundational background for evaluating First Amendment claims. Part II.A describes the development of First Amendment jurisprudence, focusing ...


Responding To Biological Attacks, Barry Kellman 2019 DePaul University

Responding To Biological Attacks, Barry Kellman

DePaul Journal of Health Care Law

No abstract provided.


Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise 2019 Loyola University Chicago, School of Law

Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise

DePaul Journal of Health Care Law

No abstract provided.


The “Conscience” Rule: How Will It Affect Patients’ Access To Health Services?, Lawrence O. Gostin 2019 Georgetown University Law Center

The “Conscience” Rule: How Will It Affect Patients’ Access To Health Services?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On May 2, 2019, the US Department of Health and Human Services (HHS) and Office of Civil Rights (OCR) released a final rule that heightens the rights of hospitals and health workers to refuse to participate in patients’ medical care based on religious or moral grounds. The rule covers OCR’s authority to investigate and enforce violations of 25 federal “conscience protection” laws. Tied to the US Constitution’s spending power, the rule applies to state and local governments, as well as public and private health care professionals and entities if they receive federal funds such as Medicare or Medicaid ...


U.S. Policymaking To Address Menstruation: Advancing An Equity Agenda, Jennifer Weiss-Wolf 2019 College of William & Mary Law School

U.S. Policymaking To Address Menstruation: Advancing An Equity Agenda, Jennifer Weiss-Wolf

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


State Abortion Restrictions And The New Supreme Court: Women’S Access To Reproductive Health Services, Rebecca Reingold, Lawrence O. Gostin 2019 Georgetown University Law Center

State Abortion Restrictions And The New Supreme Court: Women’S Access To Reproductive Health Services, Rebecca Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The US Supreme Court’s landmark 1973 ruling in Roe v Wade established a privacy right to choose abortion. In 1992, Planned Parenthood of Southeastern Pennsylvania v Casey reaffirmed Roe with the Supreme Court calling reproductive decisions “the most intimate and personal choices a person may make…central to personal dignity.” Casey allows abortion regulations, but states cannot impose an “undue burden,” where the law’s “purpose or effect” places a substantial obstacle in a woman’s path in accessing an abortion previability.

State abortion restrictions—meaning laws that restrict whether, when, and under what circumstances a woman may obtain ...


Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza 2019 Seton Hall Law

Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza

Health Law Outlook

No abstract provided.


Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander

Nevada Law Journal

No abstract provided.


The Public Charge Rule As Public Health Policy, Medha D. Makhlouf 2019 Penn State Dickinson Law

The Public Charge Rule As Public Health Policy, Medha D. Makhlouf

Faculty Journal Articles

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters. Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration. On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


“You Do It Without Their Knowledge”: Is Nonconsensual Comdom Removal The New Public Health Emergency?, Marwa Awad Mohamed 2019 California State University - San Bernardino

“You Do It Without Their Knowledge”: Is Nonconsensual Comdom Removal The New Public Health Emergency?, Marwa Awad Mohamed

Electronic Theses, Projects, and Dissertations

Background: Sexual consent is often defined as the voluntary agreement to participate in a sexual act, though the differing definitions across and within countries make legal consensus difficult. In recent years, due to popularization through social media, nonconsensual condom removal, termed stealthing, is becoming common, especially among young adults. Yet, little to no empirical evidence exists on this sexual behavior.

Methods: In this exploratory sequential mixed methods approach, we aimed to address the current perception of stealthing among young adults. College students were recruited from general education courses at a medium-sized four- year public university. Focus groups were conducted to ...


Respecting The Right To Research: Proxy Consent And Subject Assent In Alzheimer's Disease Clinical Trials, Mikaela L.J. Louie 2019 University of Washington School of Law

Respecting The Right To Research: Proxy Consent And Subject Assent In Alzheimer's Disease Clinical Trials, Mikaela L.J. Louie

Washington Law Review

Alzheimer’s Disease is the sixth-leading cause of death in the United States and the only disease in the top ten causes of death with no prevention, treatment, or cure. To find any meaningful treatment or cure, researchers must conduct clinical trials on subjects with Alzheimer’s Disease. Subjects with Alzheimer’s Disease, however, generally lack legal capacity to consent to research due to diminished cognition. While informed consent standards for individuals who lack capacity are well settled in the medical treatment context, such standards are much less clear in the research context. A patchwork of legal and regulatory guidance ...


Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler 2019 West Virginia University College of Law

Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler

Faculty Scholarship

Stigma is an established driver of population-level health outcomes. Antidiscrimination laws can generate or alleviate stigma and, thus, are a critical component in the study of improving population health.


Currently, antidiscrimination laws are often underenforced and are sometimes conceptualized by courts and lawmakers in ways that are too narrow to fully reach all forms of stigma and all individuals who are stigmatized.


To remedy these limitations, we propose the creation of a new population-level surveillance system of antidiscrimination law and its enforcement, a central body to enforce antidiscrimination laws, as well as a collaborative research initiative to enhance the study ...


The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin 2019 Georgetown University

The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A new report by The Lancet-O’Neill-Georgetown University Commission on Global Health and the Law shows how law can fulfill the global pledge of the human right to health, while “leaving no one behind.” I call this “global health with justice.” We need both health and justice. By global health, I mean ever increasing indicators of good health and increased longevity in all countries around the world. By justice I mean that the global “good” of health must be fairly distributed both within and among countries. The Lancet Commission report offers a comprehensive roadmap towards realizing the law’s power ...


The Public Charge Rule As Public Health Policy, Medha Makhlouf 2019 Penn State Dickinson Law

The Public Charge Rule As Public Health Policy, Medha Makhlouf

Medha D. Makhlouf

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters.  Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration.  On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


Digital Commons powered by bepress