Authors:Clayton J. Masterman Abstract: In 2020 and 2021, 44 states and Washington, D.C. passed laws that limited tort liability related to COVID-19. The most common reforms immunized health care providers from malpractice or similar liability. A second category is limited liability to individuals or businesses for exposing others to the novel coronavirus. And a third category protected manufacturers of supplies used to detect and prevent COVID- 19 from products liability suits. The goals of these reforms included protecting health care providers from uncertainty in providing care for a novel disease, limiting the macroeconomic consequences of the pandemic, and encouraging the distribution of critical supplies to avoid shortages. States providing immunity assumed that institutions and individuals alike would react to reforms, as theory predicts, by engaging in more of the immunized activities. In general, the literature supports the assumption that institutions, like hospitals or manufacturers of face masks and COVID-19 tests, change their behavior in response to tort reform. Yet there is little empirical evidence demonstrating how tort law affects risk-taking by individuals. The lack of evidence about the relationship between tort law and individual decision-making is of broad interest, as one of the primary goals of tort law is to incentivize efficient levels of risk-taking. This Article provides novel empirical evidence on the effects of COVID-19 tort reform on public health. The analysis yields three important results. First, it shows that medical liability reforms had counterproductive public health effects. States that immunized health care providers from tort suits arising out of COVID-19 care experienced 20% more COVID-19 cases and 5% more COVID-19 hospitalizations. Second, the results demonstrate that exposure reforms counterintuitively decreased COVID-19 cases by making it easier for businesses and other institutions to require customers to comply with public health guidance. Third, the results reveal that tort law had very little effect, if any, on the precautions individuals chose to avoid contracting or spreading the disease. The third result is broadly interesting, as it indicates that tort law will be a weak incentive to individuals whenever they are choosing a level of care that can protect themselves or others. PubDate: Wed, 22 May 2024 11:54:53 PDT
Authors:Clare Kelley Abstract: This paper delves into the pressing need for the Federal Aviation Administration (FAA) to reconsider its regulations concerning individuals with Attention-Deficit/Hyperactivity Disorder (ADHD) and those prescribed ADHD medications who aspire to become pilots. The current FAA regulations exhibit a rigid and outdated understanding of ADHD and its treatment, leading to the exclusion of a growing number of individuals from the aviation industry. Through an analysis of studies demonstrating the safety and efficacy of ADHD medications in improving driving performance and reducing accident risks, this paper advocates for a shift in the FAA's stance. Societal factors, such as the increasing prevalence of ADHD diagnoses and the need for inclusivity in aviation, further underscore the necessity for regulatory change. By reevaluating its policies and aligning them with current scientific evidence and societal needs, the FAA can promote diversity and enhance safety within the pilot community. [Abstract generated by AI] PubDate: Wed, 22 May 2024 11:54:51 PDT
Authors:Amy Acton MD; MPH Abstract: This paper delves into the leadership and communication strategies employed during the early months of the COVID-19 pandemic in Ohio. Through a retrospective analysis of daily press conferences held by Governor DeWine, Lieutenant Governor Jon Husted, and Amy Acton, the article highlights the importance of owning crises, embracing vulnerability, and empowering communities. Acton's approach to crisis management, characterized by authenticity, honesty, and inclusivity, resonated with the public and facilitated a sense of unity and shared responsibility. The paper also examines the impact of Acton's background in preventive medicine and public health, emphasizing the role of social determinants of health in shaping public outcomes. By creating a "mediatized sanctuary" through press conferences and engaging with diverse stakeholders, Acton exemplified effective leadership in navigating the challenges posed by the pandemic. This abstract underscores the significance of transparent communication, empathy, and community engagement in fostering resilience and collective action during public health crises. [ generated by AI] PubDate: Wed, 22 May 2024 11:54:50 PDT
Authors:Lucas Katz Abstract: This paper explores the intricate interplay between the nondelegation doctrine and the administrative state, with a specific focus on the Health Resources and Services Administration (HRSA) and its delegated authority under 42 U.S. Code §300gg-13(a)(4). It delves into the historical context of the nondelegation doctrine, analyzing Supreme Court precedents and recent trends that have shaped the boundaries of congressional delegation of legislative power. By examining the practical implications of potential nondelegation violations and the impact on women's healthcare, the article advocates for a nuanced approach that balances the need for administrative flexibility with constitutional principles. It proposes solutions to clarify and strengthen the nondelegation doctrine, emphasizing the importance of maintaining a stable regulatory framework while safeguarding against overbroad delegations of authority. PubDate: Wed, 22 May 2024 11:54:49 PDT
Authors:Laura C. Hoffman Abstract: This paper delves into the critical issue of healthcare accessibility for individuals with disabilities, as explored by Dr. Laura C. Hoffman in her comprehensive analysis. The document sheds light on the definition of disability within the healthcare framework and elucidates the existing healthcare disparities faced by individuals with disabilities. Dr. Hoffman emphasizes the pivotal role of telehealth in bridging the accessibility gap and advocates for the integration of disability-specific training for medical professionals. Furthermore, the paper underscores the necessity of incorporating accommodations such as sign language interpreters and speech-to-speech translators into standard clinical workflows to ensure equitable healthcare access. By examining the intersection of telehealth, disability law, and healthcare policy, this paper offers valuable insights and recommendations for enhancing healthcare accessibility and inclusivity for individuals with disabilities. [Abstract generated by AI] PubDate: Wed, 22 May 2024 11:54:48 PDT
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