Data Re-Use And The Problem Of Group Identity, 2019 S.J. Quinney College of Law, University of Utah
Data Re-Use And The Problem Of Group Identity, Leslie Francis, John G. Francis
Utah Law Faculty Scholarship
Reusing existing data sets of health information for public health or medical research has much to recommend it. Much data repurposing in medical or public health research or practice involves information that has been stripped of individual identifiers but some does not. In some cases, there may have been consent to the reuse but in other cases consent may be absent and people may be entirely unaware of how the data about them are being used. Data sets are also being combined and may contain information with very different sources, consent histories, and individual identifiers. Much of the ethical and ...
Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, 2019 Georgia State University College of Law
Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong
Georgia State University Law Review
This Note addresses the growing issue of surprise medical bills and how the United States Tax Code can be used to prevent many patients from receiving these bills. Part I provides a background on surprise billing and market factors that have led to an increase in the bills as well as current legislative solutions to the problem. Part II analyzes the role that hospitals play in the insurance market, the current standards for nonprofit hospitals to receive tax exemption under Internal Revenue Code (IRC) § 501, and how these legal standards fall short of accomplishing the goals of the tax exemption ...
Animal Healthcare Robots: The Case For Privacy Regulation, 2019 University of Washington School of Law
Animal Healthcare Robots: The Case For Privacy Regulation, Sulaf Al-Saif
Washington Journal of Law, Technology & Arts
Animal healthcare robots are a form of healthcare or wellness devices that possess the appearance of animals or pets and that collect data on the user. The appearance, use, and nature of data collected by these robots illustrate two types of devices for which privacy regulation falls short: Internet of Things (“IoT”) devices and healthcare devices. This paper surveys the animal healthcare robots currently in the market, details the special privacy concerns associated with such robots, examines the current state of potentially relevant privacy laws, and makes recommendations for privacy regulation in the future.
Science And Privacy: Data Protection Laws And Their Impact On Research, 2019 University of Washington School of Law
Science And Privacy: Data Protection Laws And Their Impact On Research, Mike Hintze
Washington Journal of Law, Technology & Arts
While privacy laws differ in their scope, focus, and approach, they all involve restrictions on the collection, use, sharing, or retention of information about people. In general, privacy laws reflect a societal consensus that privacy violations can lead to a wide range of financial, reputational, dignitary, and other harms, and that excessive collection and harmful uses of personal information should therefore be constrained. These laws require organizations to comply with a number of obligations concerning personal information. In practice, these requirements can lead organizations to refrain from collecting certain data, only use data with the consent of the individual, or ...
Law & Health Care Newsletter, Spring 2019, 2019 University of Maryland Francis King Carey School of Law
Law & Health Care Newsletter, Spring 2019
Law & Health Care Newsletter
No abstract provided.
"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, 2019 DePaul University College of Law
"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael
Dignity: A Journal on Sexual Exploitation and Violence
For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.
Abortion Talk, 2019 Fordham Law School
Abortion Talk, Clare Huntington
Michigan Law Review
Review of Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First-Century America.
21st Century Cures Act: The Problem With Preemption In Light Of Deregulation, 2019 University of Michigan Law School
21st Century Cures Act: The Problem With Preemption In Light Of Deregulation, Megan C. Andersen
University of Michigan Journal of Law Reform
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regulatory processes. In an effort to address the slow, costly, and burdensome approval process for high-risk devices, the Cures Act modernized clinical trial data by allowing reviewers to determine whether devices merit expedited review and to consider post-market surveillance data in the premarket approval process. These changes will get life-saving devices to the people who need them faster than ever before. But the tradeoff is a greater risk of injury to the patient. The 2008 Supreme Court decision Riegel v. Medtronic, Inc., held that any ...
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, 2019 Denver Sturm College of Law
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad
Boston College Law Review
Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. I defend a distributive justice approach to age-based criteria and contrast it with two prevailing theoretical approaches to age-based criteria, nondiscrimination and discretion. I propose a detailed normative framework ...
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, 2019 Special Counsel, Association to Benefit Children; Associate Professor, Thomas Jefferson School of Law
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford
In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the ...
Hard Choices And Deficient Choosers, 2019 Stanford Law School
Hard Choices And Deficient Choosers, Mark Kelman
Northwestern Journal of Law & Social Policy
No abstract provided.
Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, 2019 College of William & Mary Law School
Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley
William & Mary Environmental Law and Policy Review
In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter ...
Healthtech: How Blockchain Can Simplify Healthcare Compliance, 2019 Washington and Lee University School of Law
Healthtech: How Blockchain Can Simplify Healthcare Compliance, Kathryn M. Bennett
Washington and Lee Journal of Civil Rights and Social Justice
This Note broadly explores solutions to modern-day accessibility and security problems latent in electronic health records. Specifically, this Note discusses HIPAA and HITECH, the current law in place, and how blockchain technology can be used to fix the accessibility and security problems of current electronic health records. This Note proposes that blockchain technology can help a healthcare industry struggling to adhere to the current rule of law in an era of Big Data. Further, Blockchain technology can help individual consumers, particularly those with significant health issues, obtain the best possible medical care while simultaneously keeping their private and sensitive information ...
Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, 2019 Fordham University School of Law
Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, Tracey Tomlinson
Fordham Law Review Online
This Essay will address current concerns pertaining to ART-related negligence, and ultimately recommends the adoption of a new tort— negligent disruption of genetic planning (NDGP). This tort would enable plaintiffs to recover damages when an ART clinic’s negligent actions thwart reproductive planning, while simultaneously balancing the serious moral and ethical questions that arise in these situations. This argument proceeds in three Parts. Part I discusses the technological evolution of ART and gives examples of ART-related negligence cases that have occurred in the United States. Part II lays out the current U.S. tort remedies relied on by plaintiffs in ...
Biting The Hands That Feed “The Alligators”: A Case Study In Morbid Obesity Extremes, End-Of-Life Care, And Prohibitions On Harming And Accelerating The End Of Life, 2019 Louisiana State University Law Center
Biting The Hands That Feed “The Alligators”: A Case Study In Morbid Obesity Extremes, End-Of-Life Care, And Prohibitions On Harming And Accelerating The End Of Life, Michael J. Malinowski
Michael J. Malinowski
Obesity, recognized as a disease in the U.S. and at times as a terminal illness due to associated medical complications, is an American epidemic according to the Centers for Disease Control and Prevention (“CDC”), American Heart Association (“AHA”), and other authorities. More than one third of Americans (39.8% of adults and 18.5% of children) are medically obese. This article focuses on cases of “extreme morbid obesity” (“EMO”)—situations in which death is imminent without aggressive medical interventions, and bariatric surgery is the only treatment option with a realistic possibility of success. Bariatric surgeries themselves are very high ...
The U.S. Science And Technology “Triple Threat”: A Regulatory Treatment Plan For The Nation’S Addiction To Prescription Opioids, 2019 Louisiana State University Law Center
The U.S. Science And Technology “Triple Threat”: A Regulatory Treatment Plan For The Nation’S Addiction To Prescription Opioids, Michael J. Malinowski
Michael J. Malinowski
No abstract provided.
Beyond The Ethical Boundaries Of Solidarity: Increasing Vaccination Rates Through Mandatory Education To Solidarity, 2019 School of Law, The College of Management - Academic Studies
Beyond The Ethical Boundaries Of Solidarity: Increasing Vaccination Rates Through Mandatory Education To Solidarity, Nili Karako- Eyal Dr.
Texas A&M Law Review
Mandatory vaccination laws require children to be vaccinated against certain communicable diseases to attend school. These laws also provide exemptions to school vaccination requirements.1 All states exempt children from vaccination requirements for medical reasons, and most states also provide an exemption for religious and/or other personal reasons.2 Seven states include an educational component in their religious or philosophical exemption process, requiring that parents receive information regarding the benefits of vaccination and the risks of not being vaccinated.3 Of these seven states, five require that information regarding the social benefits of vaccination will be provided to parents ...
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, 2019 Texas A&M University School of Law
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw
Texas A&M Law Review
For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...
The "Uncontroversial" Controversy In Compelled Commercial Disclosures, 2019 Fordham University School of Law
The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler
Fordham Law Review
Federal and state administrative agencies increasingly advance public health goals through the use of mandatory disclosures, like warning labels on cigarettes, that are intended to both inform and influence consumer decisions. However, the standard for determining whether these requirements violate a commercial speaker’s First Amendment rights is unsettled. In Zauderer v. Office of Disciplinary Counsel, the U.S. Supreme Court adopted a test that defers to the government’s determination that the compelled disclosure of “factual and uncontroversial information” is justified. Since Zauderer was decided, lower courts have disagreed about the meaning of “uncontroversial.” A recent Supreme Court case ...
Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, 2019 Brigham Young University Law School
Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson
Brigham Young University Journal of Public Law
No abstract provided.