Publisher: Case Western Reserve University   (Total: 3 journals)   [Sort alphabetically]

Showing 1 - 3 of 3 Journals sorted by number of followers
Case Western Reserve J. of Intl. Law     Full-text available via subscription   (Followers: 9)
Case Western Reserve Law Review     Open Access   (Followers: 3)
Health Matrix : The J. of Law-Medicine     Open Access   (SJR: 0.122, CiteScore: 0)
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Health Matrix : The Journal of Law-Medicine
Journal Prestige (SJR): 0.122
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0748-383X
Published by Case Western Reserve University Homepage  [3 journals]
  • State Constitutional Law: The Future of Abortion Rights'

    • Authors: Gabriella Wittbrod
      PubDate: Thu, 04 May 2023 10:47:02 PDT
       
  • Volume 33 (2023)

    • Authors: Case Western Reserve University School of Law
      PubDate: Thu, 04 May 2023 10:47:02 PDT
       
  • Birth Empowerment: Integrating Doula Services into Our Healthcare System

    • Authors: Rebecca Singer-Miller
      Abstract: This law review article explores the role of doulas in improving maternal and infant outcomes and the challenges of integrating doula services into our healthcare system. Part I provides an overview of maternal and infant mortality rates in the United States, highlighting the disparities faced by women of color and low-income women. Part II discusses the benefits of doula services, including reduced rates of cesarean delivery, preterm birth, and other complications. Part III reviews current coverage of doula services in various states, both in the public and private sector. Part IV critiques the current regulatory scheme for doula services and proposes a state-run board to review doula conduct and services to ensure quality care. The article concludes that integrating doula services into our healthcare system is essential for improving maternal and infant outcomes, but requires addressing structural barriers such as reimbursement policies and regulatory frameworks. [AI generated abstract]
      PubDate: Thu, 04 May 2023 10:47:01 PDT
       
  • Cruel and Unusual Punishment: How the Ongoing War on Drugs and
           Discrimination in Healthcare Created a Viable Eighth Amendment Claim for
           Black Inmates During the COVID-19 Pandemic

    • Authors: Vincent Jones
      PubDate: Thu, 04 May 2023 10:47:01 PDT
       
  • Limits on Biomedical Research: Whether, Why, and How

    • Authors: Christine Grady
      Abstract: This article examines the limitations of laws and regulations in regulating biomedical research. While laws and regulations can serve as guardrails to limit certain research studies, they are often blunt instruments that struggle to keep up with the rapid pace of scientific progress. Moreover, laws in one jurisdiction may not be binding on others, making it difficult to regulate the global scientific community. The article argues that regulatory parsimony should be exercised, imposing regulations only where they work and not where they are unhelpful. The article also explores the ethical considerations surrounding biomedical research and its impact on society, including whether there should be certain areas of study or topics that are off-limits. Ultimately, this law review seeks to provide a comprehensive analysis of the challenges facing regulators in balancing the benefits and harms of progress in biomedical research while protecting human subjects. [AI generated abstract]
      PubDate: Thu, 04 May 2023 10:47:00 PDT
       
  • EULA, or Eulogy' Reckoning End User License Agreements and Near-Future
           Cyborgs

    • Authors: Owen Carpenter
      Abstract: Integrated biotechnology is a quickly-approaching future legal issue that will blur the line between technology and person. The technology will likely run through some kind of software, and users of the technology will likely need to agree to some type of licensing agreement to use the software. End User License Agreements (“EULAs”) as they exist today have terms and clauses that will be problematic when applied to an implanted artificial heart, a replacement for the human eye that enhances vision, or other types of integrated technology. Current FDA regulation and EULAs are insufficient to deal with the problems that technology integration will create. This Note argues for a new form of licensing agreement that will apply to integrated biotechnology, called a Biotechnology Licensing Agreement (“BTLA”). The BTLA will contain certain clauses that strengthen the bargaining power of the future cyborg when dealing with the creators of the integrated technology. Further, for creation of a new subdepartment of the FDA, the Biotechnology Adjudication Bureau (“BAB”). The BAB will handle regulation of integrated biotechnology and will assist cyborgs in the near future world of half-human half-machines. These solutions will dampen the problems and legal issues that will arise as the integrated biotechnology space becomes more mainstream and more pervasive.
      PubDate: Thu, 04 May 2023 10:47:00 PDT
       
  • A Thousand Views of the Cathedral: The Law, Politics, and Statistics of
           Pandemic Dashboards

    • Authors: Jeff Lingwall et al.
      Abstract: This Article explores the law, politics, and statistics of communicating data through the thousands of state, county, school district, and higher-education dashboards created in response to the COVID-19 global pandemic. Using a nationally distributed questionnaire and series of interviews with dashboard managers and stakeholders, we offer a wide-ranging view of data visualization practice in response to COVID-19. We pair this evidence with a survey of almost 3,000 entities responsible for public health communication, which resulted in collection of over 1,100 COVID-19 dashboards from a spectrum of government actors and private parties. We evaluate how legal issues were perceived and acted on, how data were politicized, and what technical challenges dashboard creators faced. We examine factors that led to creation of dashboards along with theory that explores the cognitive perception of dashboard elements. We explore the role of resources, and how those interplayed with specific software choices. We also examine the effect of local characteristics on dashboard creation, such as the presence of a county dashboard on data communication from local schools, the role of broadband access, technical occupations in the area, and so on. We conclude by suggesting a series of policies and practices that can be implemented to prepare for future data-based communication in a future public health crisis. These include practices to prepare for data visualization, enhanced resources devoted to public health communication, and the management of legal and political issues surrounding publicizing health information.
      PubDate: Thu, 04 May 2023 10:46:59 PDT
       
  • From Roe v. Wade to Dobbs v. Jackson – Between Women’s Rights
           Discourse and Obligations Discourse

    • Authors: Pnina Lifshitz-Aviram et al.
      Abstract: Recently, the U.S. Supreme Court published its decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark abortion case, Roe v. Wade. In 1973, two groundbreaking abortion decisions were handed down by the same Court – Roe v. Wade and Doe v. Bolton – recognizing a woman’s fundamental constitutional right to obtain an abortion until fetal viability. The ensuring nationwide judiciary recognition of women’s basic rights was abruptly shaken by the Dobbs v. Jackson’s ruling that “the Constitution does not confer a right to abortion.” Dobbs’ reversal of these prior cases has created a legal, political, and public upheaval. Indeed, the element of the human rights discourse in the context of the abortion debate has been among the most prevalent, dominant, and polarizing in the modern era. Concomitantly, recent decades have witnessed a strengthening of the obligations, commitments, and responsibilities discourses, particularly in family law, including the issue of the parent-child relationship. The aim of this article is to reconsider the interface of the abortion and the point of view of these new discourses, which have been notably missing in the entirely of the modern discussion of the abortion debate, in the context of the Dobbs v. Jackson decision. We seek to bridge the current lacuna between these new discourses and the context of abortion by differentiating between pregnancy as the result of consensual sex or nonconsensual sex. In the first scenario, we claim that the new family-centric discourses should be paramount, whereas in the latter, the women’s rights discourse should govern, drawing on the unique Jewish ethical conception of obligations to justify this differentiation. In essence, we seek to bolster the new and challenging civil discourses with the “strong” traditional Jewish ethical viewpoint. This discussion, which may be considered a partial revitalization of Roe v. Wade, can prove valuable in normatively resolving at least one aspect of the abortion, thereby determining a new compromise Archimedean point for women’s rights discourse and the abovementioned discourses.
      PubDate: Thu, 04 May 2023 10:46:59 PDT
       
  • Splitting Deceased Donor Livers to Double the Transplant Benefits:
           Addressing the Legal, Ethical, and Practical Challenges

    • Authors: Evelyn M. Tenenbaum et al.
      Abstract: Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges can be overcome with a set of realistic clarifications and changes to the current liver transplant architecture. Three guiding values shape liver allocation policy in the United States: maximizing expected outcomes, ensuring broad access, and prioritizing the sickest patients. While the last value is in tension with SLT (because the sickest patients often need a whole liver), we maintain that greater adoption of SLT is consistent with this normative balance. In addition, the distribution infrastructure is not designed to facilitate splitting. When a surgical team is offered a liver for a specific patient, they feel duty-bound to give that specific patient the whole organ. Further discouraging SLT, performance metrics, including those used to determine a transplant program’s eligibility for Medicare and Medicaid funding, focus on surgical outcomes rather than waitlist mortality. Our preferred remedies entail clarifying the informed consent requirements for SLT, using a national clearinghouse to identify livers that are prime candidates for splitting, offering these livers to qualifying programs for SLT only, and establishing a separate regulatory reporting and outcomes evaluation pathway for SLT. Together, these reforms, many of which have precedents in the transplant field, will support the expansion of SLT in carefully controlled conditions and save more lives.
      PubDate: Thu, 04 May 2023 10:46:58 PDT
       
  • Opioid Lawsuits: Is There Any End in Sight'

    • Authors: Richard C. Ausness
      Abstract: The opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy proceedings. Finally, it considers some of the problems associated with the adjudication and settlement of mass tort cases such as opioid litigation. [AI generated abstract]
      PubDate: Thu, 04 May 2023 10:46:58 PDT
       
  • The Three C’s – The Colon, Colonoscopies, and Cancer: A
           Medical and Legal Overview

    • Authors: Samuel D. Hodge et al.
      Abstract: This article explores the legal implications of colorectal cancer diagnosis and treatment. The article provides an overview of the medical aspects of colorectal cancer, including its symptoms, stages, and available tests for detecting it. It then delves into the legal issues surrounding colonoscopies, including informed consent, medical malpractice claims, and insurance coverage. The article also examines the role of medical documentation in litigation related to colorectal cancer diagnosis and treatment. Finally, it discusses recent legal developments related to colorectal cancer screening guidelines and their impact on healthcare providers and patients. Overall, this law review article provides a comprehensive analysis of the intersection between medicine and law in the context of colorectal cancer diagnosis and treatment. [AI generated abstract]
      PubDate: Thu, 04 May 2023 10:46:57 PDT
       
  • Disclosing Privacy and Discrimination Protections in Informed Consent

    • Authors: Anya E.R. Prince
      Abstract: Recent empirical work shows that providing greater detail about limitations of genetic anti-discrimination protections in informed consent documents is likely to lower individuals’ willingness to participate in research studies. This article presents these empirical findings and analyzes the implications of the findings for clinical care and for privacy and discrimination risks beyond genetic discrimination. While the paper argues that further research is needed to fully understand the potential implications of disclosure of legal protections in the clinical setting, there are clear implications in the research setting. Since individuals are likely to alter their decision to participate in research based on the depth of information provided, informed consent should contain detailed information about privacy and discrimination risks. However, for participants to truly understand the risk of loss of privacy and potential for discrimination that flows from information disclosures in research, they arguably must have a robust understanding of both when and how information may be shared, but also the legal protections and limitations that govern use of that data. Now, more than ever, it is essential to understand the privacy risks associated with joining a study since research trends related to big data and secondary research are vastly increasing the privacy risks for participants. Yet, while it is easy to state that individuals should be told of both privacy and anti-discrimination laws and their respective limitations, disclosing these in practice is much more complex. For every law, there are countless limitations that could be enumerated, but such disclosures would quickly make informed consent unwieldy and counterproductive. Thus, this paper argues that institutional review boards (“IRBs”) can help to find a limiting principle to the disclosures by assessing the likelihood of harm and contextualizing the risks to the study population. This will balance between over- and under-disclosure of legal protections and limitations while still fulfilling important foundational goals of informed consent.
      PubDate: Thu, 04 May 2023 10:46:57 PDT
       
  • Evidence for Community Face Masking to Limit the Spread of SARS-CoV-2: A
           Critical Review

    • Authors: Ian T. Liu et al.
      Abstract: The use of facemasks in community settings has become an accepted public policy response to decrease disease transmission during the COVID-19 pandemic. Yet evidence of facemask efficacy is based primarily on observational studies that are subject to confounding and on mechanistic studies that rely on surrogate endpoints (such as droplet dispersion) as proxies for disease transmission. The available clinical evidence of facemask efficacy is of low quality and the best available clinical evidence has mostly failed to show efficacy, with fourteen of sixteen identified randomized controlled trials comparing face masks to no mask controls failing to find statistically significant benefit in the intent-to-treat populations. Of sixteen quantitative meta- analyses, eight were equivocal or critical as to whether evidence supports a public recommendation of masks, and the remaining eight supported a public mask intervention on limited evidence primarily on the basis of the precautionary principle. Although weak evidence should not preclude precautionary actions in the face of unprecedented events such as the COVID-19 pandemic, ethical principles require that the strength of the evidence and best estimates of amount of benefit be truthfully communicated to the public.
      PubDate: Thu, 04 May 2023 10:46:56 PDT
       
  • A Free Appropriate Public Education: Examining What "Appropriate" Means
           for Students with Disabilities in a Global Pandemic

    • Authors: Bailey Kadian
      PubDate: Thu, 28 Apr 2022 11:16:01 PDT
       
  • The Electoral Determinants of Health: State Voting Laws and Their Effects
           on Health Outcomes

    • Authors: Megan Schachter
      PubDate: Thu, 28 Apr 2022 11:16:00 PDT
       
  • Elevated Blood Lead Levels as Eligibility Criteria for Early Intervention
           Programs

    • Authors: Meghan Sink
      PubDate: Thu, 28 Apr 2022 11:16:00 PDT
       
  • Anti-Vax FEAR* Speech: A Public-Health-Driven Policy Initiative When
           Counter-Speech Won't Work (*Fake, Flawed, Fraudulent, False,
           Endangering, and Reckless)

    • Authors: Barbara Pfeffer Billauer
      PubDate: Thu, 28 Apr 2022 11:15:59 PDT
       
  • Treating for Two: Reforming Maternal Substance Abuse Policy

    • Authors: Katherine Drabiak
      PubDate: Thu, 28 Apr 2022 11:15:59 PDT
       
  • Filling in the Gaps: Inaccurate Medical Records in Adoption

    • Authors: Leah Rothfeld
      PubDate: Thu, 28 Apr 2022 11:15:59 PDT
       
 
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Publisher: Case Western Reserve University   (Total: 3 journals)   [Sort alphabetically]

Showing 1 - 3 of 3 Journals sorted by number of followers
Case Western Reserve J. of Intl. Law     Full-text available via subscription   (Followers: 9)
Case Western Reserve Law Review     Open Access   (Followers: 3)
Health Matrix : The J. of Law-Medicine     Open Access   (SJR: 0.122, CiteScore: 0)
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Heriot-Watt University
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Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


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