JournalTOCs

American Journal of Law & Medicine
Journal Prestige (SJR): 0.204

Citation Impact (citeScore): 1
Number of Followers: 10

Full-text available via subscription

Subscription journal
ISSN (Print) 0098-8588 - ISSN (Online) 2375-835X
Published by Sage Publications

[1174 journals]

Restatement (Third) of Torts Section 47(b) Bypasses Traditional Barriers
and Offers Aspiring Parents a Clear Path to Recover Stand-Alone NIED when
Their Cryopreserved Reproductive Material is Lost or Destroyed
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  Authors: Joseph M. Hnylka
  Pages: 337 - 373
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 337-373, November 2020.
  “[T]he tissue or embryo is not the primary victim at all. The victims are the parents who have been deprived of the potential to conceive a child together.”
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:19Z
  DOI: 10.1177/0098858820975530
  Issue No: Vol. 46, No. 4 (2021)
Fourth Amendment Protections of Prescription Drug Monitoring Programs:
Patient Privacy in the Opioid Crisis
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  Authors: Ryan Knox
  Pages: 375 - 411
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 375-411, November 2020.
  The opioid crisis is one of the largest public health problems in the history of the United States. Prescription drug monitoring programs (“PDMPs”)—state databases containing the records of all prescriptions for controlled substances written in the state—have emerged as a means to track opioid prescribing and use. While PDMPs are typically used as a tool for physicians to inform their prescribing practices, many states also permit law enforcement to access PDMPs when investigating controlled substance distribution, often without prior judicial approval. Such law enforcement use of PDMPs raises serious questions of patient privacy. The Fourth Amendment protects individuals from unreasonable searches and seizures where they have a reasonable expectation of privacy and has been interpreted to require law enforcement have probable cause and a search warrant before infringing upon an individual’s reasonable expectation of privacy. Several courts have held that patients have no reasonable expectation of privacy, or a severely diminished expectation of privacy, in their prescription drug records held in PDMPs. As support, courts rely on the third-party doctrine because the information is disclosed to physicians and then held by the state; the highly regulated nature of the prescription drug industry; and the statutory framework of the Controlled Substances Act. Such analysis disregards patients’ expectation of privacy in their personal health information, the confidentiality in the physician-patient relationship, and the resulting patient incentives not to seek care. Therefore, this Article argues that law enforcement must have probable cause and a search warrant to access PDMPs because the exceptions to the Fourth Amendment’s probable cause and warrant requirements do not apply.
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:20Z
  DOI: 10.1177/0098858820975531
  Issue No: Vol. 46, No. 4 (2021)
The Revised Common Rule and Mental Illness: Enduring Gaps in Protections
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  Authors: Lisa E. Smilan
  Pages: 413 - 444
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 413-444, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:20Z
  DOI: 10.1177/0098858820975532
  Issue No: Vol. 46, No. 4 (2021)
Drug Diversion in the Health Care System: Cultural Change via Legal and
Policy Mechanisms
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  Authors: Richard R. Rousseau
  Pages: 446 - 468
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 446-468, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:24Z
  DOI: 10.1177/0098858820975533
  Issue No: Vol. 46, No. 4 (2021)
America’s Oldest Drug Cartel: Civil RICO Action In re Insulin Pricing
Litigation and the Case for Overruling the Indirect Purchaser Rule
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  Authors: Julia Thibault
  Pages: 470 - 500
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 470-500, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:22Z
  DOI: 10.1177/0098858820975534
  Issue No: Vol. 46, No. 4 (2021)
Desrosiers v. Governor of Massachusetts and the Legality of Governor
Baker’s COVID-19 Emergency Orders
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  Authors: Kimberly Flores
  Pages: 502 - 505
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 502-505, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:25Z
  DOI: 10.1177/0098858820975535
  Issue No: Vol. 46, No. 4 (2021)
American College of Obstetricians and Gynecologists v. United States Food
& Drug Administration: Restricted Access to Medical Abortion Threatens
Reproductive Rights during the COVID-19 Pandemic
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  Authors: Christina Fuleihan
  Pages: 507 - 517
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 507-517, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:24Z
  DOI: 10.1177/0098858820975536
  Issue No: Vol. 46, No. 4 (2021)
Detention of Immigrant Children amid a Global Pandemic: Jenny
Flores’ America
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  Authors: Temi Omilabu
  Pages: 519 - 526
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 519-526, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:22Z
  DOI: 10.1177/0098858820975537
  Issue No: Vol. 46, No. 4 (2021)
Richards v. Kiken and the Legal Implications of Fertility Fraud
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  Authors: Shabeena Sharak
  Pages: 528 - 535
  Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 528-535, November 2020.
  
  Citation: American Journal of Law & Medicine
  PubDate: 2021-01-08T06:58:21Z
  DOI: 10.1177/0098858820975538
  Issue No: Vol. 46, No. 4 (2021)