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  Subjects -> PHILOSOPHY (Total: 762 journals)
Showing 601 - 135 of 135 Journals sorted alphabetically
Revista de Estudios Kantianos     Open Access  
Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito     Open Access   (Followers: 1)
Revista de Filosofia     Open Access  
Revista de Filosofía (Madrid)     Open Access  
Revista de Filosofía de la Universidad de Costa Rica     Open Access  
Revista de Filosofía Open Insight     Open Access  
Revista de Filosofía y Teoría Política     Open Access  
Revista de Humanidades     Open Access  
Revista de la Academia     Open Access  
Revista Diacrítica     Open Access  
Revista Dialectus     Open Access  
Revista Eletrônica Espaço Teológico     Open Access   (Followers: 1)
Revista Eletrônica Ludus Scientiae     Open Access  
Revista Enciclopédia     Open Access  
Revista Epistemologias do Sul     Open Access  
Revista Española de Filosofía Medieval     Open Access  
Revista Filosofía UIS     Open Access  
Revista Fragmentos de Cultura : Revista Interdisciplinar de Ciências Humanas     Open Access  
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Latinoamericana de Filosofía     Open Access   (Followers: 1)
Revista Perspectiva Filosófica     Open Access  
Revista Poiesis     Open Access  
Revista PRAXIS     Open Access  
Revista SURES     Open Access  
Revue d’études benthamiennes     Open Access   (Followers: 1)
Revue Philosophique de Louvain     Full-text available via subscription   (Followers: 1)
Rhuthmos     Open Access  
Rivista di estetica     Open Access  
Rivista di storia della filosofia     Full-text available via subscription  
Rivista Internazionale di Filosofia e Psicologia     Open Access  
Rivista Italiana di Filosofia Analitica Junior     Open Access  
Roczniki Filozoficzne     Full-text available via subscription  
Royal Institute of Philosophy Supplements     Full-text available via subscription   (Followers: 4)
Ruch Filozoficzny     Open Access  
RUDN Journal of Philosophy     Open Access  
Russell : the Journal of Bertrand Russell Studies     Full-text available via subscription   (Followers: 3)
Russian Studies in Philosophy     Full-text available via subscription  
S : Journal of the Circle for Lacanian Ideology Critique     Open Access  
Saberes y Prácticas : Revista de Filosofía y Educación     Open Access  
SAINSTIS     Open Access  
Sapientia     Open Access  
Sartre Studies International     Full-text available via subscription   (Followers: 2)
Schutzian Research     Full-text available via subscription  
Science & Philosophy     Open Access   (Followers: 2)
Science et Esprit     Open Access  
Scientonomy : Journal for the Science of Science     Open Access   (Followers: 1)
Scrinium : Journal of Patrology and Critical Hagiography     Open Access  
Semina Scientiarum     Open Access  
Semiotics     Full-text available via subscription   (Followers: 1)
Siegel Institute Ethics Research Scholars     Open Access  
Siegel Institute Journal of Applied Ethics     Open Access  
Sign Systems Studies     Open Access  
Signos Filosóficos     Open Access  
Simone de Beauvoir Studies     Full-text available via subscription  
Sincronía     Open Access  
Síntese : Revista de Filosofia     Partially Free  
Slagmark - Tidsskrift for idéhistorie     Open Access   (Followers: 3)
Social Epistemology: A Journal of Knowledge, Culture and Policy     Hybrid Journal   (Followers: 13)
Social Imaginaries     Full-text available via subscription   (Followers: 1)
Social Philosophy and Policy     Full-text available via subscription   (Followers: 25)
Social Philosophy Today     Full-text available via subscription   (Followers: 3)
Social Psychology and Society     Open Access   (Followers: 2)
Social Theory and Practice     Full-text available via subscription   (Followers: 8)
Società degli individui     Full-text available via subscription  
Socioaffective Neuroscience and Psychology     Open Access   (Followers: 2)
SOCRATES     Hybrid Journal   (Followers: 5)
Sophia : An African Journal of Philosophy     Full-text available via subscription   (Followers: 1)
Sophía : Colección de Filosofía de la Educación     Open Access  
South African Journal of Bioethics and Law     Open Access   (Followers: 1)
South African Journal of Philosophy = Suid-Afrikaanse Tydskrif vir Wysbegeerte     Hybrid Journal   (Followers: 4)
Southwest Philosophy Review     Full-text available via subscription  
SPICE : Student Perspectives on Institutions, Choices & Ethic     Open Access  
Spontaneous Generations : A Journal for the History and Philosophy of Science     Open Access   (Followers: 3)
Studi di Estetica     Open Access  
Studia Humana     Open Access  
Studia Logica     Hybrid Journal   (Followers: 3)
Studia Neoaristotelica     Full-text available via subscription  
Studia Phaenomenologica     Full-text available via subscription   (Followers: 1)
Studia Philosophica Estonica     Open Access  
Studia Poliana     Full-text available via subscription  
Studia z Historii Filozofii     Open Access  
Studia z Kognitywistyki i Filozofii Umysłu     Open Access  
Studier i Pædagogisk Filosofi     Open Access  
Studies in Christian-Jewish Relations     Open Access  
Studies in Logic, Grammar and Rhetoric     Open Access   (Followers: 7)
Studies in Philology     Full-text available via subscription   (Followers: 3)
SubStance     Full-text available via subscription   (Followers: 7)
Suhuf     Open Access  
Symposion : Theoretical and Applied Inquiries in Philosophy and Social Sciences     Open Access  
Symposium : Canadian Journal of Continental Philosophy     Full-text available via subscription  
Synthesis (La Plata)     Open Access  
Tadris : Islamic Education Journal     Open Access  
Tajdida : Jurnal Pemikiran dan Gerakan Muhammadiyah     Open Access  
Teaching Ethics     Full-text available via subscription  
Teaching Philosophy     Full-text available via subscription   (Followers: 1)
Techné : Research in Philosophy and Technology     Full-text available via subscription   (Followers: 1)
Temporal : Prática e Pensamento Contemporâneos     Open Access  
Temporalités     Open Access   (Followers: 1)
Teoliterária : Revista Brasileira de Literaturas e Teologias     Open Access  
Teologia i Moralność     Open Access  
Teosofi : Jurnal Tasawuf dan Pemikiran Islam     Open Access   (Followers: 1)
Teosofia : Indonesian Journal of Islamic Mysticism     Open Access  
Terrains / Théories     Open Access   (Followers: 1)
The Acorn     Full-text available via subscription  
The Biblical Annals     Open Access  
The Chesterton Review     Full-text available via subscription   (Followers: 2)
The Chesterton Review em Português     Full-text available via subscription  
The Chesterton Review en Español     Full-text available via subscription  
The Chesterton Review en Français     Full-text available via subscription  
The Chesterton Review in Italiano     Full-text available via subscription  
The CLR James Journal     Full-text available via subscription  
The Heythrop Journal     Hybrid Journal   (Followers: 21)
The Islamic Culture     Open Access  
The Leibniz Review     Full-text available via subscription   (Followers: 1)
The Lonergan Review     Full-text available via subscription  
The Monist     Hybrid Journal   (Followers: 9)
The Owl of Minerva     Full-text available via subscription   (Followers: 1)
The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II     Open Access  
The Philosophers' Magazine     Full-text available via subscription   (Followers: 5)
The Philosophical Forum     Hybrid Journal   (Followers: 4)
The Pluralist     Full-text available via subscription   (Followers: 3)
The Southern Journal of Philosophy     Hybrid Journal   (Followers: 6)
Thémata. Revista de Filosofía     Open Access  
TheoLogica : An International Journal for Philosophy of Religion and Philosophical Theology     Open Access   (Followers: 1)
Theoria     Hybrid Journal   (Followers: 4)
THEORIA : An International Journal for Theory, History and Foundations of Science     Full-text available via subscription   (Followers: 1)
Theoria and Praxis : International Journal of Interdisciplinary Thought     Open Access   (Followers: 3)
Think     Full-text available via subscription   (Followers: 6)
Thought : A Journal of Philosophy     Hybrid Journal   (Followers: 6)
Thought and Practice : A Journal of the Philosophical Association of Kenya     Open Access  
Tijdschrift voor Filosofie     Full-text available via subscription  
Tópicos, Revista de Filosofía     Open Access  
Tópicos. Revista de Filosofía de Santa Fe     Open Access  
Topoi     Hybrid Journal   (Followers: 3)
Tradition and Discovery     Full-text available via subscription  
Trans/Form/Ação - Revista de Filosofia     Open Access  
Transactions of the Charles S. Peirce Society     Full-text available via subscription   (Followers: 4)
Tsaqafah : Jurnal Peradaban Islam     Open Access  
ULUM : Journal of Religious Inquiries     Open Access  
Universidad de La Habana     Open Access  
Universitas : Revista de Filosofía, Derecho y Política     Open Access   (Followers: 2)
Universitas Philosophica     Open Access  
Unoesc & Ciência - ACHS     Open Access  
Utilitas     Hybrid Journal   (Followers: 11)
Utopian Studies     Full-text available via subscription   (Followers: 3)
Veritas : Revista de Filosofí­a y Teología     Open Access   (Followers: 1)
Via Spiritus : Revista de História da Espiritualidade e do Sentimento Religioso     Open Access  
Vincentian Heritage Journal     Open Access   (Followers: 1)
Visnyk of NTUU - Philosophy. Psychology. Pedagogics     Open Access  
Voluntaristics Review     Open Access  
Wacana : Journal of the Humanities of Indonesia     Open Access   (Followers: 1)
Whiteness and Education     Hybrid Journal   (Followers: 2)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Zeitschrift für Ethik und Moralphilosophie : Journal for Ethics and Moral Philosophy     Hybrid Journal   (Followers: 1)
Zeitschrift für Kulturphilosophie     Full-text available via subscription   (Followers: 4)
Zeitschrift für Medien- und Kulturforschung     Full-text available via subscription   (Followers: 3)
Zeitschrift für philosophische Forschung     Full-text available via subscription   (Followers: 6)
Zeitschrift für philosophische Literatur     Open Access   (Followers: 2)
Zeitschrift für Religions- und Geistesgeschichte     Hybrid Journal   (Followers: 5)
Zeszyty Naukowe Centrum Badań im. Edyty Stein     Open Access  
Zibaldone : Estudios Italianos     Open Access  
Τέλος : Revista Iberoamericana de Estudios Utilitaristas     Open Access  
Гуманітарний вісник Запорізької державної інженерної академії     Open Access  
Філософія та політологія в контексті сучасної культури (Philosophy and Political Science in the Context of Modern Culture)     Open Access  

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Journal of Law, Medicine & Ethics
Journal Prestige (SJR): 0.495
Citation Impact (citeScore): 1
Number of Followers: 23  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1073-1105 - ISSN (Online) 1748-720X
Published by Sage Publications Homepage  [1174 journals]
  • Letter From The Editor

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      Authors: Courtney McClellan
      Pages: 1 - 1
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 1-1, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:41Z
      DOI: 10.1177/1073110520979559
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Introduction

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      Authors: Ian Ayres, Abbe R. Gluck, Katherine L. Kraschel, Tracey L. Meares, Caroline Nobo Sarnoff
      Pages: 9 - 10
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 9-10, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:39Z
      DOI: 10.1177/1073110520979394
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Why Regulate Guns'

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      Authors: Reva B. Siegel, Joseph Blocher
      Pages: 11 - 16
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 11-16, December 2020.
      Courts reviewing gun laws that burden Second Amendment rights ask how effectively the laws serve public safety — yet typically discuss public safety narrowly, without considering the many dimensions of that interest gun laws serve. “Public safety” is a social good: it includes the public's interest in physical safety as a good in itself, and as a foundation for community and for the exercise of constitutional liberties. Gun laws protect bodies from bullets — and Americans' freedom and confidence to participate in every domain of our shared life, whether to attend school, to shop, to listen to a concert, to gather for prayer, or to assemble in peaceable debate. Courts must enforce the Second Amendment in ways that respect the public health and constitutional reasons a democracy seeks to protect public safety. Lawyers and citizen advocates can help, by creating a richer record of their reasons in seeking to enact laws regulating guns.This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v. Heller in 2008.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:38Z
      DOI: 10.1177/1073110520979395
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • The Legal and Empirical Case for Firearm Purchaser Licensing

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      Authors: Hannah Abelow, Cassandra Crifasi, Daniel Webster
      Pages: 17 - 24
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 17-24, December 2020.
      This article argues that state government actors concerned about gun violence prevention should prioritize enactment of robust firearm purchaser regimes at the state level. First, the article outlines the empirical evidence base for purchaser licensing. Then, the article describes how state governments can design this policy. Next, the article assesses the likelihood that purchaser licensing legislation will continue to be upheld by federal courts. Finally, the article addresses the implications of this policy, aimed at curbing gun deaths, for equally important racial justice priorities. Taken together, these various considerations indicate that purchaser licensing policies are among the most effective firearm-focused laws state governments can enact to reduce gun deaths within the existing federal legislative and legal frameworks.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:38Z
      DOI: 10.1177/1073110520979397
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Gun Regulation Exceptionalism and Adolescent Violence: A Comparison to
           Tobacco

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      Authors: Catherine Camp
      Pages: 25 - 31
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 25-31, December 2020.
      This article compares the landscape of tobacco regulations to the landscape of gun regulations, with a focus on regulations that target youth. This article argues that guns are significantly less regulated compared to tobacco, despite the frequency with which each product causes significant harm to both self and other.Many of the specific ways tobacco is regulated can be applied analogously to firearms while plausibly surviving potential Second Amendment challenges. This article compares the regulatory landscape of tobacco and firearms across six categories: (a) minimum age for purchase, (b) sale by unlicensed individuals, (c) taxation, (d) advertising, (e) graphic warning labels, and (f) zoning.At one time, tobacco was as central — or more so — to American culture as guns are today. However, many decades of public health advocacy led to historic tobacco regulations. Tobacco's regulatory history provides a valuable blueprint for gun regulation, despite Constitutional differences.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:38Z
      DOI: 10.1177/1073110520979398
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • The Firearms Data Gap

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      Authors: Allison Durkin, Brandon Willmore, Caroline Nobo Sarnoff, David Hemenway
      Pages: 32 - 38
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 32-38, December 2020.
      The firearms data infrastructure in the United States is severely limited in scope and fragmented in nature. Improved data systems are needed in order to address gun violence and promote productive conversation about gun policy. In the absence of federal leadership in firearms data systems improvement, motivated states may take proactive steps to stitch gaps in data systems. We propose that states evaluate the gaps in their systems, expand data collection, and improve data presentation and availability.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:37Z
      DOI: 10.1177/1073110520979399
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Implementing Checklists to Improve Police Responses to Co-Victims of Gun
           Violence

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      Authors: Samuel A. Kuhn, Tracey L. Meares
      Pages: 39 - 46
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 39-46, December 2020.
      This qualitative study identifies police interactions with gun violence co-victims as a crucial, overlooked component of police unresponsiveness, particularly in minority communities where perceptions of police illegitimacy and legal estrangement are relatively high. Gun violence co-victims in three cities participated in online surveys, in which they described pervasive disregard by police in the aftermath of their loved ones' shooting victimization. We build on the checklist model that has improved public safety outcomes in other complex, high-intensity professional contexts to propose a checklist for police detectives to follow in the aftermath of gun violence. To build the checklist, we also reviewed the general orders of five police departments to better understand what guidance, if any, is currently given to police personnel regarding how they should interact with gun violence victims.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:44Z
      DOI: 10.1177/1073110520979400
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Enhancing Community Safety through Interagency Collaboration: Lessons from
           Connecticut's Project Longevity

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      Authors: Camila Gripp, Chandini Jha, Paige E. Vaughn
      Pages: 47 - 54
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 47-54, December 2020.
      Group Violence Interventions (GVIs) combine a focused deterrence law enforcement approach with community mobilization and social services. The current study qualitatively examines Project Longevity, Connecticut's largest GVI initiative, to contribute to the limited literature on implementation of gun violence reduction strategies. Relying on interviews with 24 of Project Longevity law enforcement and non-law enforcement partners, we explore the establishment of interagency collaboration, which was viewed by study participants as the most pressing implementation challenge of Project Longevity. Our case study results offer important lessons to practitioners responsible for implementing GVI strategies.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:47Z
      DOI: 10.1177/1073110520979401
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Physicians on the Frontlines: Understanding the Lived Experience of
           Physicians Working in Communities That Experienced a Mass Casualty
           Shooting

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      Authors: Kathleen M. O'Neill, Blake N. Shultz, Carolyn T. Lye, Megan L. Ranney, Gail D'Onofrio, Edouard Coupet
      Pages: 55 - 66
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 55-66, December 2020.
      This qualitative study describes the lived experience of physicians who work in communities that have experienced a public mass shooting. Semi-structured interviews were conducted with seventeen physicians involved in eight separate mass casualty shooting incidents in the United States. Four major themes emerged from constant comparative analysis: (1) The psychological toll on physicians: “I wonder if I'm broken”; (2) the importance of and need for mass casualty shooting preparedness: “[We need to] recognize this as a public health concern and train physicians to manage it”; (3) massive media attention: “The media onslaught was unbelievable”; and (4) commitment to advocacy for a public health approach to firearm violence: “I want to do whatever I can to prevent some of these terrible events.”
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:48Z
      DOI: 10.1177/1073110520979402
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Emergency Department Visits for Firearm-Related Injuries among Youth in
           the United States, 2006–2015

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      Authors: Victor Lee, Catherine Camp, Vikram Jairam, Henry S. Park, James B. Yu
      Pages: 67 - 73
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 67-73, December 2020.
      Firearm injuries are a significant public health problem. Prior studies have analyzed firearm death data or adult firearm injury data, but few studies have analyzed firearm injury data specifically among youth. To inform the current debate surrounding gun policy in the United States, this study aims to provide an estimate of the immense burden of youth firearm injury and its associated risk factors. Therefore, we performed a descriptive analysis of the Nationwide Emergency Department Sample (NEDS), the largest all-payer emergency department database in the United States, from January 2006 to September 2015. All patients age < 21 who presented with any diagnosis of firearm-related injuries were included.There were an estimated 198,839 incidents of firearm-related emergency department visits for patients age < 21 from 2006 through 2015. After presenting to the ED, an estimated 11,909 cases resulted in death. The population adjusted rate of firearm-related emergency department visits was highest in the South and Midwest. This study demonstrates the significant burden of firearm injury among youth. Having a reliable estimate of the number of children harmed by firearms each year is a critical tool for policymakers — and may make common-sense gun safety measures more politically possible.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:46Z
      DOI: 10.1177/1073110520979403
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • The Walmart Effect: Testing Private Interventions to Reduce Gun Suicide

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      Authors: Ian Ayres, Zachary Shelley, Fredrick E. Vars
      Pages: 74 - 82
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 74-82, December 2020.
      This article tests the impact of Walmart's corporate decisions to end the sale of handguns at its stores in 1994 and to discontinue the sale of all firearms at approximately 59% of its stores in 2006 before resuming firearms sales at some of those stores in 2011. Using a difference-in-differences framework, we find that that from 1994 to 2005 counties with Walmarts robustly experienced a reduction in the suicide rate and experienced no change in the homicide rate. These models suggest that Walmart's policy change caused a 3.3 to 7.5% reduction in the suicide rate within affected counties, which represents an estimated 5,104 to 11,970 lives saved over the studied period (425-998 per year). In contrast, Walmart's 2006 and 2011 decisions to discontinue and subsequently resume the sale of rifles and shotguns in many of its stores was not associated with a robustly measured effect on homicide or suicide rates. We do find evidence that Walmart's 2006 decision to reduce the number of its stores that sold firearms caused a statistically significant reduction in the suicide rate for counties in which Walmart did not subsequently resume firearms sales.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:47Z
      DOI: 10.1177/1073110520979404
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • States' Rights, Gun Violence Litigation, and Tort Immunity

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      Authors: Hilary J. Higgins, Jonathan E. Lowy, Andrew J. Rising
      Pages: 83 - 89
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 83-89, December 2020.
      The devastating toll of gun violence has given rise to hundreds of lawsuits seeking justice on behalf of victims and their families. A significant number of challenges against gun companies, however, are blocked by courts' broad reading of the Protection of Lawful Commerce in Arms Act (PLCAA) — a federal statute often interpreted to shield the gun industry from civil liability. This article reexamines PLCAA in light of the Supreme Court's recent federalism caselaw, which counsels courts to narrowly construe federal laws that could otherwise upset the balance of power between states and the federal government. Since PLCAA infringes on traditional areas of state authority, the Supreme Court's federalism jurisprudence requires lower courts to interpret PLCAA narrowly, to not bar states from imposing negligence, nuisance, product liability, or other common law liability on gun companies. Reading PLCAA in line with federalism principles would preserve states' traditional authority over their civil justice laws, and enable gun violence victims, and their families, to hold gun companies responsible for wrongdoing.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:46Z
      DOI: 10.1177/1073110520979405
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Gun Violence in Court

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      Authors: Abbe R. Gluck, Alexander Nabavi-Noori, Susan Wang
      Pages: 90 - 97
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 90-97, December 2020.
      Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountableFor years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act (PLCAA).This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:46Z
      DOI: 10.1177/1073110520979406
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Regulating 3D-Printed Guns Post-Heller: Why Two Steps Are Better Than One

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      Authors: Thaddeus Talbot, Adam Skaggs
      Pages: 98 - 104
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 98-104, December 2020.
      This article describes why a constitutional test that relies exclusively on history and tradition for deciding modern firearm regulations is woefully inadequate when applied to modern technologies. It explains the unique advancements in firearm technology — specifically, ghost guns — that challenge the viability of a purely historical test, even if legal scholars or judges attempt to reason by analogy. This article argues that the prevailing, two-step approach, which incorporates both history and tradition, and requires a judicial examination of the purposes and methods supporting a challenged firearm regulation, should apply nationwide. That a dissenting faction of conservative judges seeks to ignore the prevailing approach presents a potentially dangerous path for Second Amendment jurisprudence. This article draws from certain historical gun laws to illustrate the difficult legwork that analogies must do under a purely historical test. It uses the advent of ghost guns as a case study to offer guidance for judges in their rulemaking practices regarding Second Amendment cases.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:45Z
      DOI: 10.1177/1073110520979407
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Second Amendment Sanctuaries: A Legally Dubious Protest Movement

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      Authors: Erica Turret, Chelsea Parsons, Adam Skaggs
      Pages: 105 - 111
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 105-111, December 2020.
      This article assesses the origins and spread of the Second Amendment sanctuary movement in which localities pass ordinances or resolutions that declare their jurisdiction's view that proposed or enacted state (or federal) gun safety laws are unconstitutional and therefore, local officials will not implement or enforce them. While it is important to assess Second Amendment sanctuaries from a legal perspective, it is equally as important to understand them in the context of a broader protest movement against any efforts to strengthen gun laws. As the gun violence prevention movement has gained strength across the United States, particularly at the state level, gun rights enthusiasts have turned to Second Amendment sanctuaries in order to create a counter narrative to the increasing political power of gun safety. By passing these ordinances or resolutions, local officials legitimize and fuel Second Amendment absolutism which poses real risks to public safety and democracy.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:46Z
      DOI: 10.1177/1073110520979408
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • True Threats, Self-Defense, and the Second Amendment

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      Authors: Joseph Blocher, Bardia Vaseghi
      Pages: 112 - 118
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 112-118, December 2020.
      Does the Second Amendment protect those who threaten others by negligently or recklessly wielding firearms' What line separates constitutionally legitimate gun displays from threatening activities that can be legally proscribed' This article finds guidance in the First Amendment doctrine of true threats, which permits punishment of “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individual.” The Second Amendment, like the First, should not be read to protect those who threaten unlawful violence. And to the degree that the constitution requires a culpable mental state (mens rea) in such circumstances, the appropriate standard should be recklessness.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:43Z
      DOI: 10.1177/1073110520979409
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • COVID-19 Emergency Restrictions on Firearms

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      Authors: Samuel A. Kuhn
      Pages: 119 - 125
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 119-125, December 2020.
      This article examines emergency restrictions imposed by state-level public officials on firearms during the COVID-19 pandemic. It surveys the litigation challenging each of the relatively few restrictions that were imposed, considers when and whether courts should apply the deferential Jacobson standard, the Heller Second Amendment analysis, or both, and explores the possibility that the unsettled nature of Second Amendment jurisprudence makes it likely that challenges to emergency firearms restrictions could result in dramatic developments in what the Second Amendment protects.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:37Z
      DOI: 10.1177/1073110520979410
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for
           Balancing Rights and Risks in Preventing Gun Violence

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      Authors: Gabriel A. Delaney, Jacob D. Charles
      Pages: 126 - 132
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 126-132, December 2020.
      In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers (first filter), who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court (second filter) as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that (1) widens the reporting circle in order to feed more potentially life-saving information into the system, (2) mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:42Z
      DOI: 10.1177/1073110520979412
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • How the Guardianship System Can Help Address Gun Violence

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      Authors: Nina A. Kohn
      Pages: 133 - 136
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 133-136, December 2020.
      This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:42Z
      DOI: 10.1177/1073110520979413
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Mental Illness and Gun Violence: Research and Policy Options

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      Authors: Ronald S. Honberg
      Pages: 137 - 141
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 137-141, December 2020.
      This article provides an overview of current knowledge about the relationship between mental illness, violence, homicides, and suicides, with a view towards crafting sensible public policy options for reducing gun violence towards self or others. With this knowledge as a backdrop, the limitations of the federal National Instant Background Check System (NICS) as both over-inclusive and under-inclusive in identifying people with mental illness who pose potential risks are discussed. Finally, the article describes emerging approaches for identifying and removing firearms from persons who pose potential risks of gun violence towards self or others, including Extreme Risk Protection Orders (“Red Flag Laws“) and other options.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:42Z
      DOI: 10.1177/1073110520979414
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • The “Rules of the Road”: Ethics, Firearms, and the Physician's
           “Lane”

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      Authors: Blake N. Shultz, Benjamin Tolchin, Katherine L. Kraschel
      Pages: 142 - 145
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 142-145, December 2020.
      Physicians play a critical role in preventing and treating firearm injury, although the scope of that role remains contentious and lacks systematic definition. This piece aims to utilize the fundamental principles of medical ethics to present a framework for physician involvement in firearm violence. Physicians' agency relationship with their patients creates ethical obligations grounded on three principles of medical ethics — patient autonomy, beneficence, and nonmaleficence. Taken together, they suggest that physicians ought to engage in clinical screening and treatment related to firearm violence. The principle of beneficence also applies more generally, but more weakly, to relations between physicians and society, creating nonobligatory moral ideals. Balanced against physicians' primary obligations to patient agency relationships, general beneficence suggests that physicians may engage in public advocacy to address gun violence, although they are not ethically obligated to do so. A fourth foundational principle — justice — requires that clinicians attempt to ensure that the benefits and burdens of healthcare are distributed fairly.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:42Z
      DOI: 10.1177/1073110520979415
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Understanding the Role of Law in Reducing Firearm Injury through Clinical
           Interventions

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      Authors: Blake N. Shultz, Carolyn T. Lye, Gail D'Onofrio, Abbe R. Gluck, Jonathan Miller, Katherine L. Kraschel, Megan L. Ranney
      Pages: 146 - 154
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 146-154, December 2020.
      Firearm injury in the United States is a public health crisis in which physicians are uniquely situated to intervene. However, their ability to mitigate harm is limited by a complex array of laws and regulations that shape their role in firearm injury prevention. This piece uses four clinical scenarios to illustrate how these laws and regulations impact physician practice, including patient counseling, injury reporting, and the use of court orders and involuntary holds. Unintended consequences on clinical practice of laws intended to reduce firearm injury are also discussed. Lessons drawn from these cases suggest that physicians require more nuanced education on this topic, and that policymakers should consult front-line healthcare providers when designing firearm policies.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:40Z
      DOI: 10.1177/1073110520979416
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Your Liberty or Your Gun' A Survey of Psychiatrist Understanding of
           Mental Health Prohibitors

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      Authors: Cara Newlon, Ian Ayres, Brian Barnett
      Pages: 155 - 163
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 155-163, December 2020.
      This first-of-its-kind national survey of 485 psychiatrists in nine states and the District of Columbia (DC) finds substantial evidence of clinicians being uninformed, misinformed, and misinforming patients of their gun rights regarding involuntary commitments and voluntary inpatient admissions. A significant percentage of psychiatrists (36.9%) did not understand that an involuntary civil commitment triggered the loss of gun rights, and the majority of psychiatrists in states with prohibitors on voluntary admissions (57%) and emergency holds (56%) were unaware that patients would lose gun rights upon voluntary admission or temporary commitment. Moreover, the survey found evidence that psychiatrists may use gun rights to negotiate “voluntary” commitments with patients: 15.9% of respondents reported telling patients they could preserve their gun rights by permitting themselves to be voluntarily admitted for treatment, in lieu of being involuntarily committed. The results raise questions of whether psychiatrists obtained full informed consent for voluntary patient admissions, and suggest that some medical providers in states with voluntary admission prohibitor laws may unwittingly deprive their patients of a constitutional right. The study calls into question the fairness of state prohibitor laws as policy, and — at minimum — indicates an urgent need for psychiatrist training on their state gun laws.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:41Z
      DOI: 10.1177/1073110520979417
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Investing in the Frontlines: Why Trusting and Supporting Communities of
           Color Will Help Address Gun Violence

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      Authors: Amber K. Goodwin, TJ Grayson
      Pages: 164 - 171
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 164-171, December 2020.
      This article proposes potential strategies to address gun violence in communities of color while identifying the harms associated with a policing-centered, criminal legal approach. In addition to highlighting the dangers associated with the United States' current criminal legal tactics to reduce gun violence in these communities, the authors advocate for community-endorsed strategies that give those impacted by this issue the resources to take on gun violence in their own communities. Specifically, they identify, describe, and endorse a series of violence prevention programs that rely on community relations to detect and prevent incidents of gun violence and that view gun violence as a public health rather than criminal legal issue.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:39Z
      DOI: 10.1177/1073110520979418
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • A Behavioral Addiction Model of Revenge, Violence, and Gun Abuse

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      Authors: James Kimmel, Michael Rowe
      Pages: 172 - 178
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 172-178, December 2020.
      Data from multiple sources point to the desire for revenge in response to grievances or perceived injustices as a root cause of violence, including firearm violence. Neuroscience and behavioral studies are beginning to reveal that the desire for revenge in response to grievances activates the same neural reward-processing circuitry as that of substance addiction, suggesting that grievances trigger powerful cravings for revenge in anticipation of experiencing pleasure. Based on this evidence, the authors argue that a behavioral addiction framework may be appropriate for understanding and addressing violent behavior. Such an approach could yield significant benefits by leveraging scientific and public health-oriented drug abuse prevention and treatment strategies that target drug cravings to spur development of scientific and public-health-oriented “gun abuse” prevention and treatment strategies targeting the revenge cravings that lead to violence. An example of one such “motive control” strategy is discussed. Approaching revenge-seeking, violence, and gun abuse from the perspective of compulsion and addiction would have the added benefit of avoiding the stigmatization as violent of individuals with mental illness while also acknowledging the systemic, social, and cultural factors contributing to grievances that lead to violent acts.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:40Z
      DOI: 10.1177/1073110520979419
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Rethinking the Medicalization of Violence: The Risks of a Behavioral
           Addiction Model

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      Authors: Catherine Feuille
      Pages: 179 - 182
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 179-182, December 2020.
      This commentary responds to and problematizes Kimmel and Rowe's approach in “A Behavioral Addiction Model of Revenge, Violence, and Gun Abuse.” By advancing an addiction model of retaliatory violence, Kimmel and Rowe medicalize behavior that is better understood as a social problem rooted in structural inequality. Reframing violence in terms of individual pathology abstracts it from social context and risks obscuring the need for structural change. For poor urban communities of color, who are disproportionately impacted by gun violence, medicalizing violent behavior may fuel further marginalization and oppression.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:45Z
      DOI: 10.1177/1073110520979420
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Guests with Guns: Public Support for “No Carry” Defaults on
           Private Land

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      Authors: Ian Ayres, Spurthi Jonnalagadda
      Pages: 183 - 190
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 183-190, December 2020.
      A nationally representative survey of 2000 American adults shows broad support for prohibiting gun-possession on private land without the landowner's explicit permission. Many states have laws which permit concealed weapon carry unless explicitly prohibited by the landowner, but our survey suggests statistically-significant majorities would prefer “no carry” defaults with regard to homeowners, employers, and retailers. While respondents who are Republican, male, or gun owners are more likely to support “carry” defaults, we find that the majoritarian rejection of “carry” defaults does not tend to vary by region or state. However, our survey does find majority support for a default right to possess guns in rented property and on an employer's parking lot. Respondents across all contexts also report substantial ignorance or misinformation about the law. Landowners who don't know or mistakenly believe that concealed carry is, by default, prohibited on their land may be less able to protect themselves by explicitly prohibiting such third-party possession.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:43Z
      DOI: 10.1177/1073110520979421
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Prevention of Firearm Injury through Policy and Law: The Social Ecological
           Model

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      Authors: Allison Durkin, Christopher Schenck, Yamini Narayan, Kate Nyhan, Kaveh Khoshnood, Sten H. Vermund
      Pages: 191 - 197
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4_suppl, Page 191-197, December 2020.
      Rates of firearm injury and mortality are far higher in the United States compared to other high-income nations. Patterns of firearm injury have complex causal pathways; different social contexts may be differentially affected by firearm legislation. In the context of the diversity of social, political, and legal approaches at the state level, we suggest the application of the social ecological model as a conceptual public health framework to guide future policy interventions in the U.S.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:43Z
      DOI: 10.1177/1073110520979422
      Issue No: Vol. 48, No. 4_suppl (2021)
       
  • Letter From The Editor

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      Authors: Ted Hutchinson
      Pages: 631 - 631
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 631-631, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:30Z
      DOI: 10.1177/1073110520987413
      Issue No: Vol. 48, No. 4 (2021)
       
  • Introduction Climate Change and the Legal, Ethical, and Health Issues
           Facing Healthcare and Public Health Systems

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      Authors: Chandra Ganesh, Michael Schmeltz, Jason Smith
      Pages: 636 - 642
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 636-642, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:23Z
      DOI: 10.1177/1073110520979370
      Issue No: Vol. 48, No. 4 (2021)
       
  • Can United States Healthcare Become Environmentally Sustainable'
           Towards Green Healthcare Reform

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      Authors: Cristina Richie
      Pages: 643 - 652
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 643-652, December 2020.
      In 2014, the United States health care industry produced an estimated 480 million metric tons of carbon dioxide (CO2); nearly 8% of the country's total emissions. The importance of sustainability in health care — as a business reliant on fossil fuels for transportation, energy, and operational functioning — is slowly being recognized. These efforts to green health care are incomplete, since they only focus on health care structures. The therapeutic relationship is the essence of health care — not the buildings that contain the practice. As such, this article will first postulate reasons for a lack of environmental sustainability in US health care. Second, the article will focus on current green health care initiatives in the United States in which patients and physicians participate. Third, the rationale for participation in green initiatives will be explained. Fourth, the article will propose that, based on the environmental values of patients and physicians, health care insurance plans and health care insurance companies can be targeted for green health care reform, thereby closing the loop of sustainable health care delivery.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:20Z
      DOI: 10.1177/1073110520979371
      Issue No: Vol. 48, No. 4 (2021)
       
  • Public Health Policy Actions to Address Health Issues Associated with
           Drought in a Changing Climate

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      Authors: Rachel E. Lookadoo, Jesse E. Bell
      Pages: 653 - 663
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 653-663, December 2020.
      Over the last century, droughts have caused more deaths internationally than any other weather- or climate-related disaster. Like other natural disasters, droughts cause significant changes in the environment that can lead to negative health outcomes. As droughts are becoming more frequent and intense with climate change, public health systems need to address impacts associated with these events. Partnering with federal and local entities, we evaluated the state of knowledge of drought and health in the United States through a National Drought and Public Health Summit and a series of subsequent regional workshops. The intended outcome was to develop public health strategies for implementing activities to better support and prepare public health systems for future droughts. The information gathered from this work identified multiple policy and law options to address the public health issues associated with drought. These policy recommendations include the use of public health emergency declarations for drought events, increased usage of preparedness evaluations for drought emergencies, and engagement of drought and climate experts in state and local risk assessments. As drought events are projected to increase in frequency and magnitude with climate change, taking policy action now will help decrease the health impacts of drought and save lives.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:20Z
      DOI: 10.1177/1073110520979372
      Issue No: Vol. 48, No. 4 (2021)
       
  • The Natural Environment as an Object of Public Health Law: Addressing
           Health Outcomes of Climate Change through Intersections with Environmental
           and Agricultural Law

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      Authors: Jill Krueger, Betsy Lawton
      Pages: 664 - 680
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 664-680, December 2020.
      The power to change the natural environment has received relatively little attention in public health law, yet is a core concern within environmental and agricultural law. Examples from environmental and agricultural law may inform efforts to change the natural environment in order to reduce the health impacts of climate change. Public health lawyers who attend to the natural environment may succeed in elevating health concerns within the environmental and agricultural law spheres, while gaining new tools for their public health law toolbox.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:17Z
      DOI: 10.1177/1073110520979373
      Issue No: Vol. 48, No. 4 (2021)
       
  • Using Precision Public Health to Manage Climate Change: Opportunities,
           Challenges, and Health Justice

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      Authors: Walter G. Johnson
      Pages: 681 - 693
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 681-693, December 2020.
      Amid public health concerns over climate change, “precision public health” (PPH) is emerging in next generation approaches to practice. These novel methods promise to augment public health operations by using ever larger and more robust health datasets combined with new tools for collecting and analyzing data. Precision strategies to protecting the public health could more effectively or efficiently address the systemic threats of climate change, but may also propagate or exacerbate health disparities for the populations most vulnerable in a changing climate. How PPH interventions collect and aggregate data, decide what to measure, and analyze data pose potential issues around privacy, neglecting social determinants of health, and introducing algorithmic bias into climate responses. Adopting a health justice framework, guided by broader social and climate justice tenets, can reveal principles and policy actions which may guide more responsible implementation of PPH in climate responses.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:18Z
      DOI: 10.1177/1073110520979374
      Issue No: Vol. 48, No. 4 (2021)
       
  • Adaptation of Animal and Human Health Surveillance Systems for
           Vector-Borne Diseases Accompanying Climate Change

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      Authors: Sam F. Halabi
      Pages: 694 - 704
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 694-704, December 2020.
      Anthropogenic climate change is causing temperature rise in temperate zones resulting in climate conditions more similar to subtropical zones. As a result, rising temperatures increase the range of disease-carrying insects to new areas outside of subtropical zones, and increased precipitation causes flooding that is more hospitable for vector breeding. State governments, the federal government, and governmental agencies, like the Animal and Plant Health Inspection Service (APHIS) of USDA and the National Notifiable Disease Surveillance System (NNDSS) of the U.S. Centers for Disease Control and Prevention, lack a coordinated plan for vector-borne disease accompanying climate change. APHIS focuses its surveillance primarily on the effect of illness on agricultural production, while NNDSS focuses on the emergence of pathogens affecting human health. This article provides an analysis of the current framework of surveillance of, and response to, vector-borne infectious diseases, the impacts of climate change on the spread of vector-borne infectious diseases, and recommends changes to federal law to address these threats.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:17Z
      DOI: 10.1177/1073110520979375
      Issue No: Vol. 48, No. 4 (2021)
       
  • The Health Reframing of Climate Change and the Poverty of Narrow Bioethics

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      Authors: Kyle Ferguson
      Pages: 705 - 717
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 705-717, December 2020.
      We must resist thoroughly reframing climate change as a health issue. For human health–centric ethical frameworks omit dimensions of value that we must duly consider. We need a new, an environmental, research ethic, one that we can use to more completely and impartially evaluate proposed research on mitigation and adaptation strategies.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:31Z
      DOI: 10.1177/1073110520979381
      Issue No: Vol. 48, No. 4 (2021)
       
  • Perceived Benefits and Harms of Involuntary Civil Commitment for Opioid
           Use Disorder

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      Authors: Elizabeth A. Evans, Calla Harrington, Robert Roose, Susan Lemere, David Buchanan
      Pages: 718 - 734
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 718-734, December 2020.
      Involuntary civil commitment (ICC) to treatment for opioid use disorder (OUD) prevents imminent overdose, but also restricts autonomy and raises other ethical concerns. Using the Kass Public Health Ethics Framework, we identified ICC benefits and harms. Benefits include: protection of vulnerable, underserved patients; reduced legal consequences; resources for families; and “on-demand” treatment access. Harms include: stigmatizing and punitive experiences; heightened family conflict and social isolation; eroded patient self-determination; limited or no provision of OUD medications; and long-term overdose risk. To use ICC ethically, it should be recognized as comprising vulnerable patients worthy of added protections; be a last resort option; utilize consensual, humanizing processes; provide medications and other evidence-based-treatment; integrate with existing healthcare systems; and demonstrate effective outcomes before diffusion. ICC to OUD treatment carries significant potential harms that, if unaddressed, may outweigh its benefits. Findings can inform innovations for ensuring that ICC is used in an ethically responsible way.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:29Z
      DOI: 10.1177/1073110520979382
      Issue No: Vol. 48, No. 4 (2021)
       
  • An Ethicolegal Analysis of Involuntary Treatment for Opioid Use Disorders

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      Authors: Farhad R. Udwadia, Judy Illes
      Pages: 735 - 740
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 735-740, December 2020.
      Supply-side interventions such as prescription drug monitoring programs, “pill mill” laws, and dispensing limits have done little to quell the burgeoning opioid crisis. An increasingly popular demand-side alternative to these measures – now adopted by 38 jurisdictions in the USA and 7 provinces in Canada — is court-mandated involuntary commitment and treatment. In Massachusetts, for example, Part I, Chapter 123, Section 35 of the state's General Laws allows physicians, spouses, relatives, and police officers to petition a court to involuntarily commit and treat a person whose alcohol or drug abuse poses a likelihood of serious harm. This paper explores the ethical underpinnings of this law as a case study for others. First, we highlight the procedural and substantive standards of Section 35 and evaluate the application of the law in practice, including the frequency with which it has been invoked and outcomes. We then use this background to inform an ethical critique of the law. Specifically, we argue that the infringement of autonomy and privacy associated with involuntary intervention under Section 35 is not currently justified on the grounds of a lack of evidenced benefits and a risk of significant of harm. Further ethical concerns also arise from a lack of standard of care provided under the Section 35 pathway. Based on this analysis, we advance four recommendations for change to mitigate these ethical shortcomings.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:30Z
      DOI: 10.1177/1073110520979383
      Issue No: Vol. 48, No. 4 (2021)
       
  • Neither Ethical Nor Effective: The False Promise of Involuntary Commitment
           to Address the Overdose Crisis

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      Authors: Michael S. Sinha, John C. Messinger, Leo Beletsky
      Pages: 741 - 743
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 741-743, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:27Z
      DOI: 10.1177/1073110520979384
      Issue No: Vol. 48, No. 4 (2021)
       
  • The Health Care System as Champion to Curb the Drug Overdose Crisis

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      Authors: Rachel E. Barenie
      Pages: 744 - 747
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 744-747, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:29Z
      DOI: 10.1177/1073110520979385
      Issue No: Vol. 48, No. 4 (2021)
       
  • Legal and Ethical Analysis of Advertising for Elective Egg Freezing

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      Authors: Michelle J. Bayefsky
      Pages: 748 - 764
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 748-764, December 2020.
      This paper reviews common advertising claims by egg freezing companies and evaluates the medical evidence behind those claims. It then surveys legal standards for truth in advertising, including FTC and FDA regulations and the First Amendment right to free speech. Professional standards for medical advertising, such as guidelines published by the American Society for Reproductive Medicine (ASRM), the American College of Obstetricians and Gynecologists (ACOG), and the American Medical Association (AMA), are also summarized. A number of claims, many of which relate to the targeting of younger women for eOC, are found to breach legal and ethical standards for truth in advertising. The ethical implications of misleading advertising claims are also discussed, and the central narrative woven by OC ads — that egg freezing is empowering to women — is examined. The paper concludes that a more balanced approach to the risks and benefits of OC is necessary to truly respect women's autonomy. Moreover, justice requires us to look beyond a medical procedure accessible only to a minority of women in order to address inequities in the workplace.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:25Z
      DOI: 10.1177/1073110520979386
      Issue No: Vol. 48, No. 4 (2021)
       
  • The Moral Economy of Fertility Markets: Hope and Hype, History, and
           Inclusion

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      Authors: Seema Mohapatra, Dov Fox
      Pages: 765 - 767
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 765-767, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:27Z
      DOI: 10.1177/1073110520979387
      Issue No: Vol. 48, No. 4 (2021)
       
  • How Should Ethics Consultants Weigh the Law (and other Authoritative
           Directives)'

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      Authors: Peter Koch
      Pages: 768 - 777
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 768-777, December 2020.
      In the continuing debate about the role of the Clinical Ethics Consultant in performing clinical ethics consultations, it is often assumed that consultants should operate within ethical and legal standards. Recent scholarship has focused primarily on clarifying the consultant's role with respect to the ethical standards that serve as parameters of consulting. In the following, however, I wish to address the question of how the ethics consultant should weigh legal standards and, more broadly, how consultants might weigh authoritative directives, whether legal, institutional, or professional, against other normative considerations. I argue that consultants should reject the view that authoritative directives carry exclusionary reason for actions and, further, ethicists should interpret directives as lacking any moral weight qua authoritative directive. I then identify both implications and limitations of this view with respect to the evolving role of the ethics consultant in an institutional setting, and in doing so propose the kinds of considerations the ethicist should weigh when presented with an authoritative directive.
      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:24Z
      DOI: 10.1177/1073110520979388
      Issue No: Vol. 48, No. 4 (2021)
       
  • “Somatic” Tumor Genomic Profiling and Potential Germline Implications:
           Ethical Considerations for Children with Cancer

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      Authors: Esther Knapp
      Pages: 778 - 783
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 778-783, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:24Z
      DOI: 10.1177/1073110520979389
      Issue No: Vol. 48, No. 4 (2021)
       
  • Post-COVID U.S. Legal Reforms Promoting Public Health and Equity

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      Authors: James G. Hodge, Sarah Wetter, Jennifer L. Piatt, Hanna Reinke
      Pages: 784 - 788
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 784-788, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:24Z
      DOI: 10.1177/1073110520979390
      Issue No: Vol. 48, No. 4 (2021)
       
  • Generic Competition for Drugs Treating Rare Diseases

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      Authors: Reed F. Beall, Amity E. Quinn, Aaron S. Kesselheim, Frazer A. Tessema, Ameet Sarpatwari
      Pages: 789 - 795
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 789-795, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:21Z
      DOI: 10.1177/1073110520979391
      Issue No: Vol. 48, No. 4 (2021)
       
  • The World Health Organization in Global Health Law

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      Authors: Benjamin Mason Meier, Allyn Taylor, Mark Eccleston-Turner, Roojin Habibi, Sharifah Sekalala, Lawrence O. Gostin
      Pages: 796 - 799
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 796-799, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:22Z
      DOI: 10.1177/1073110520979392
      Issue No: Vol. 48, No. 4 (2021)
       
  • Letters to the Editor

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      Authors: Ashley Sweet, Charles Blanke, Brian Kelly, George L. Mendz, David W. Kissane
      Pages: 800 - 804
      Abstract: The Journal of Law, Medicine & Ethics, Volume 48, Issue 4, Page 800-804, December 2020.

      Citation: The Journal of Law, Medicine & Ethics
      PubDate: 2021-01-06T04:33:19Z
      DOI: 10.1177/1073110520979393
      Issue No: Vol. 48, No. 4 (2021)
       
 
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