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ALGORITHMS, ADDICTION, AND ADOLESCENT MENTAL HEALTH: An Interdisciplinary Study to Inform State-level Policy Action to Protect Youth from the Dangers of Social Media Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Nancy Costello, Rebecca Sutton, Madeline Jones, Mackenzie Almassian, Amanda Raffoul, Oluwadunni Ojumu, Meg Salvia, Monique Santoso, Jill R. Kavanaugh, S. Bryn Austin
A recent Wall Street Journal investigation revealed that TikTok floods child and adolescent users with videos of rapid weight loss methods, including tips on how to consume less than 300 calories a day and promoting a “corpse bride diet,” showing emaciated girls with protruding bones. The investigation involved the creation of a dozen automated accounts registered as 13-year-olds and revealed that
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Juvenile Competency Complications: Protocol, Unmet Needs, Developmental Immaturity, FASD, and Comorbidity Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 David R. Katner
This Article focuses on unifying the protocol for state competency evaluations, but with special concerns about undiagnosed FASD and developmental immaturity in adolescents. States do not mandate any process whereby psychometric tests are first performed prior to psychiatric mental status evaluations, often causing disparities in evaluations which might easily be avoided in court proceedings. Adding
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Crime, Incarceration, and Dementia: An Aging Criminal System Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Jalayne J. Arias, Lillian Morgado, Ana Tyler
Dementia within the criminal system, from arrest through incarceration, has been largely ignored. While the health system has begun grappling with the chronic conditions that will accompany an aging society, the criminal system has yet to meaningfully respond. Dementia is a clinical syndrome characterized by impairment in cognitive domains (memory, executive function, visuospatial). Additionally, dementia
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“The Timeless Explosion of Fantasy’s Dream”: How State Courts Have Ignored the Supreme Court’s Decision in Panetti v. Quarterman Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger
Multiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness
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“Forwards, Not Backwards”: How the U.S. Supreme Court May Save the Plight of Individuals with Mental Disabilities Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Angela Dixon
When federal district court Judge Carlton Reeves penned his opinion in U.S. v. Mississippi,1 the case that seemed poised to overhaul Mississippi’s suffering mental health system, he began with the story of Ms. Melanie Worsham, a mental health patient, also a certified peer support specialist. Ms. Worsham works to help those like herself who suffer with lifelong serious mental illness (SMI) to “overcome
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Monitoring Mental Health: Legal and Ethical Considerations of Using Artificial Intelligence in Psychiatric Wards Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Barry Solaiman, Abeer Malik, Suhaila Ghuloum
Artificial intelligence (AI) is being tested and deployed in major hospitals to monitor patients, leading to improved health outcomes, lower costs, and time savings. This uptake is in its infancy, with new applications being considered. In this Article, the challenges of deploying AI in mental health wards are examined by reference to AI surveillance systems, suicide prediction and hospital administration
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The Right to Construct Yourself and Your Identity: The Current Human Rights Law Framework Falls Short in Practice in the Face of Illegitimate Interference to the Mind Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Emine Ozge Yildirim-Vranckaert
Propaganda and manipulation have long been employed to influence and shape individuals’ thoughts and identities. In the advent of the digital era, these techniques have become more sophisticated and invasive, and are utilized to further various causes. This article investigates the extent to which international human rights law affords protection against manipulation techniques such as microtargeting
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What Does “Least Restrictive” or “Less Restrictive” Mean in Mental Health Law? Contradictions and Confusion in the Case of Queensland, Australia Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Julia Duffy, Sam Boyle, Katrine Del Villar
Most legal systems in the West allow for involuntary treatment of mental illness, usually on the basis that without such treatment the person would be a danger to themselves or others. While historically the mental health law jurisdiction has been a protective one, it has become increasingly influenced by civil rights and international human rights law, which privilege the value of autonomy and the
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Reshaping Insanity in Pakistani Law: The Case of Safia Bano Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Muhammad Ahmad Munir, Brian Wright
This Article analyzes the 2021 judgment of the Supreme Court of Pakistan in the case of Mst. Safia Bano v. Home Department, Government of Punjab. The case has garnered significant local and international attention due to the Court’s ruling that a death sentence may not be carried out on a defendant who has a mental illness. Setting the case against the backdrop of Pakistan’s Islamic and colonial contexts
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The Future of Behavioral Health: Can Private Equity and Telehealth Improve Access? Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Barry Furrow
Treatment of mental illness in the United States is woefully inadequate. One-third of adults report having a mental health condition or substance use disorder, but less than half receive treatment for their condition.Access is the problem. The U.S. is short on mental health professionals: more psychiatrists are needed and psychologists and social workers are overextended. Proposed solutions are to
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How Does Medicaid Managed Care Address the Needs of Beneficiaries with Opioid Use Disorders? A Deep Dive into Contract Design Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Rebecca Morris, Sara Rosenbaum, Colleen Grogan, Meredith Rhodes, Christina Andrews
Many people who experience opioid use disorder rely on Medicaid. The high penetration of managed care systems into Medicaid raises the importance of understanding states’ expectations regarding coverage, access to care, and health system performance and effectively elevates agreements between states and plans into blueprints for coverage and care. Federal law broadly regulates these structured agreements
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Supporting an Invisible Workforce: The Case for the Creation of the Home Healthcare Workers Support Act Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Sabrina Singh
This Article seeks to synthesize academic research on home healthcare workers during the COVID-19 pandemic to understand how their workplace challenges were magnified. Crisis communication researchers note that a crisis provides both opportunities and threats for growth. This Article argues that many of the issues that have impacted home healthcare workers have always been present, but the pandemic
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Potential Effects of Dobbs v. Jackson Women’s Health on Civil Commitment Law Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Timothy S. Hall
Since the publication of the U.S. Supreme Court’s decision in Dobbs v Jackson Women’s Health in June of 2022, much attention has been paid to the direct effects of that decision on reproductive health care for pregnant or potentially pregnant individuals; and to the potential effects of the Court’s approach in Dobbs to other established precedent related to privacy and autonomy, such as rights to contraception
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Mental Health Matters: A Look At Abortion Law Post-Dobbs Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Lauren B. Solberg, Kristin Telford
In June 2022, in Dobbs v. Jackson Women’s Health, the U.S. Supreme Court overturned the precedent set by the 1973 decision in Roe vs. Wade, leaving access to abortion to be regulated by each state, rather than a U.S. constitutional right. Some states are setting gestational age limits, beyond which point only under certain circumstances can an abortion be obtained. Other states are banning abortion
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Mental Health Parity Arguments for Accessing Gender Affirmation Surgery Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 Craig Konnoth
Many insurers exclude coverage for transgender individuals. Litigation challenging these exclusions has increased. Most of these cases successfully advance equality claims by arguing that trans exclusions discriminate based on sex. That is, procedures performed on patients for reasons unrelated to gender affirming care are being denied to transgender individuals. There are, however, limitations to
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The Causes of Minor Suicide: How the Restatement Approach to Foreseeability & Scope of Liability Fails to Act as a Deterrent Am. J. Law Med. (IF 0.694) Pub Date : 2024-02-12 John W. Toomey
Suicide is one of the most common causes of death among individuals younger than eighteen years old. While psychological and social sciences continue to study the causes of the increasing prevalence of suicide in children and teens, the law largely continues to treat suicide as an isolated event. This Note tracks the historical treatment of suicide both under tort and criminal law, supporting the shift
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The Case Against Race-Based Quotas in Pharmaceutical Trials Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Michael Conklin
This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining race and scientific investigation. It next examines the
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COVID-19, Religious Freedom and the Law: The United States’ Case Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Ryan Houser, Andrés Constantin
During the emergence of SARS-CoV-2 and the COVID-19 pandemic, public health officials exercised their police powers to combat the spread of the virus. The pandemic-related legal interventions adopted throughout the United States included lockdown orders and mask mandates. However, these policies and interventions meant to promote the general welfare of the public, in defense of common good, were met
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A Protected Class, An Unprotected Condition, and A Biomarker – A Method/Formula for Increased Diversity in Clinical Trials for the African American Subject with Benign Ethnic Neutropenia (BEN) Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Regina Ponder
Expanding on previous industry guidance relative to increased clinical trial diversity, while honing more exacting treatments and better ways to fight diseases that have often disproportionately impacted people of color, is a topic being discussed by multidisciplinary public health experts across the nation.This writing draws attention to the African American demographic, which is continually subject
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Title IX’s Unintended Consequences: The Female Athlete Triad and the Need for Special Treatment Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Morgan Hill
This Note examines the effects of Title IX’s equal treatment framework on female collegiate athletes in the context of the female athlete triad. It describes the shortcomings of Title IX’s equal treatment approach and its deleterious effects on the health of female student athletes. It argues for the adoption of the special treatment approach as a remedy.
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Eating Disorders and Our Youth: Aggressive Action Must be Taken to Ensure Parity Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Madeline Reyes
Eating disorders are one of the most common chronic illnesses among adolescents. Yet, our current framework for mental health care provides limited education, access to care, and support for adolescents suffering from this disease. The enactment of key legislation and federal guidance such as the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) is evidence
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Legitimacy of Cost Concern for Health Insurance Coverage of Gender-Affirming Surgeries: Comparison of the Interest in Keeping Insurance Cost Down versus the Cost-Effectiveness of Including Gender-Affirming Surgeries in Employer Health Insurance Plans Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Angelo Atangan
This RCD discusses the recent development in Lange v Houston County. In this case, the United States District Court for The Middle District Of Georgia Macon Division found that an Exclusion Policy, prohibiting health insurance coverage of gender-affirming surgery for an employee, Anna Lange, violated Title VII of the Civil Rights Act. On appeal, the Defendants argued that the District Court erred in
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Braidwood Mgmt. v. Becerra & a Texas District Court’s Decision to Stop Enforcement of Preventive Care Coverage Requirements under the ACA Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Sabrina Geisler
This article discusses how in March of 2023 a District Court in Texas enjoined the U.S. government from enforcing certain preventive care requirements under the ACA for private health insurers. The current order by the Court enjoined enforcement of the ACA preventive care requirements based on those recommendations made on or after the date of March 23, 2010, by the U.S. Preventive Services Task Force
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CVS Health’s Acquisition of Oak Street Health Reconfirms Market Viability of Private Equity Investment in Value-Based Payment Models for Primary Care Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Andrew Grant
For over a decade and for the foreseeable future, federal agencies have made efforts to promote value-based care through various incentive schemes, such as the recent “Regulatory Sprint to Coordinated Care.” Federal incentive schemes and other “macro tailwinds” have brought in private equity investors, especially in the context of primary care for Medicare beneficiaries. Oak Street Health and its private
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How Much Information is Enough? Understanding the Alabama Supreme Court’s Expansion of the Causation Standard in Failure to Warn Claims Am. J. Law Med. (IF 0.694) Pub Date : 2023-06-28 Allison Herr
This RCD analyzes the Alabama Supreme Court’s recent answer to two certified questions sent to the court from the Eleventh Circuit. The questions involved whether a pharmaceutical company’s duty to warn included a duty to provide instructions about how to properly mitigate for warned of risks, and if the pharmaceutical company had such a duty could a plaintiff recover if their physician would have
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Shattering the Mirage: The FDA’s Early COVID-19 Pandemic Response Demonstrates a Need for Reform to Restore Agency Credibility Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Christina Fuleihan
The power afforded to the administrative state is heavily reliant on public trust and the perception of evidence-based agency decision-making. Organizational reputation is key to preserving regulatory power. However, recent investigations reveal that existing scientific integrity policies may not be sufficient to preserve the credibility of many federal agencies. In fact, a significant number of career
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Preventive Care: Improving Health of Medicare, Medicaid, and Children’s Health Insurance Program Patients Through Access to Fresh Fruit and Vegetables Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Weston McClain
Diet is the number one risk factor for deaths in the United States. Members of marginalized and impoverished communities particularly struggle to afford nutritious food. Poor diets result in health disparities along socio-economic, age, racial, ethnic, indigenous, rural, and urban lines. Despite the ever-growing social and financial burden of diet-related chronic diseases, the U.S. has failed to invest
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Recalibrating Transplant Eligibility Criteria: Ensuring Equitable Access to Organ Transplantation for Intellectually Disabled Persons Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Adam Peña
The American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have made little progress towards preventing disability-based discrimination within the organ transplant evaluation process. Intellectual and developmental disabilities (I/DD) pose a unique problem for transplant teams and transplant physicians because I/DDs can simultaneously be a legitimate contraindication for transplantation
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Pelvic Exam Laws in the United States: A Systematic Review Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Mihael Plantak, Scott M. Alter, Lisa M. Clayton, Patrick G. Hughes, Richard D. Shih, Monica Mendiola, Joshua J. Solano
Laws regulating patient care are an essential component of protecting patients and doctors alike. No studies have previously examined what laws exist regarding pelvic examinations in the United States (US). This study systematically reviews and compares regulation and legislation of pelvic examinations in the U.S. and provides a comprehensive resource to educate clinicians, patients, and lawmakers
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Straight Teeth and Misaligned Interests: Courtrooms Are Crowded with SmileDirectClub Litigation Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Chaninah Zweihorn
SmileDirectClub markets, manufactures, and delivers clear plastic dental aligners directly to the consumer: no dental office necessary. This well-known business strategy—cut costs by cutting out the middleman—has in several instances caught the attention of state dental regulators. While the dental boards consider some of SmileDirectClub’s practices to be violative of state dental practice law, the
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Hairdos and Help-seeking: Mandatory Domestic Violence Training for Salon Workers Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Julia Novick
Traditional methods to prevent and respond to domestic violence include criminal laws, national hotlines, and community programming to promote healthy relationships. Despite these methods, domestic violence continues to be a prevalent public health issue. In recent years, some states began to focus prevention and intervention efforts on the beauty industry. States including Arkansas, Illinois, Tennessee
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Synthetic Biology: State Regulation in the Biomedical Context Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Julia Watson
Synthetic biology is an emerging, interdisciplinary research field with much promise for biomedicine. Broadly defined as “the design and construction of new biological systems to perform specific tasks,” researchers and clinicians are using synthetic biology to develop targeted treatments for cancer, coronaviruses, and so forth. Because of the experimental nature of synthetic biology, regulation is
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The Balancing Act in Regulation Between the FDA and the Court’s Role in Promoting Children’s Health: In re: Gerber Products Company Heavy Metals Baby Food Litigation Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Daniela del Campo
Infantile food products have been at the forefront of litigation in the recent year for unsafe standards set forth by their developing companies. This recent case development explores how the Court decided on a suit brought forth against Gerber for toxic levels of heavy metals in their food. Their opinion shines a light on how upcoming larger cases against Abbott Industries for unsafe milk products
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Opioid Litigation: Lessons Learned from a Retail Pharmacy Settlement Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Shannon A. Gonick
As the opioid epidemic continues in the United States and ongoing litigation seeks to hold contributors responsible, state governments have initiated lawsuits against retail pharmacies for their role in contributing to the crisis. This article summarizes an action the State of West Virginia brought against CVS, which the parties recently settled in the fall of 2022. This article examines the unique
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Puerto Rico’s Attempts to Address a Public Health Crisis Struck Down by the United States Court of Appeals for the First Circuit Am. J. Law Med. (IF 0.694) Pub Date : 2023-04-11 Minji Kim
This RCD discusses a recent decision by the United States Court of Appeals for the First Circuit that struck down Puerto Rico’s Act 90-2019, which aimed to regulate pay structures for Medicare Advantage insurers in Puerto Rico. The court found that the provision in Act 90, known as the “Mandated Price Provision,” is preempted by federal law. However, the author argues that the court’s decision did
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Trust, Brutality, and Human Dignity: How “Partial Birth Abortion” Helps Shape American Biopolitics Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 George J. Annas
In this Article, I explore how nearly continuous public rhetorical challenges to abortion in the political realm first led the public and the courts to turn away from a particular abortion procedure (intact dilation and extraction, also known as partial-birth abortion) which political agitators labeled as “barbaric” and then to view physicians who performed abortions not as legitimate professionals
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Reason-Based Abortion Bans, Disability Rights, and the Future of Prenatal Genetic Testing Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Nina Roesner, Leila Jamal, David Wasserman, Benjamin E. Berkman
Recent advances in prenatal genetic testing have made testing for congenital disorders more accessible, with emerging technologies promising further expansion of available testing options. In particular, non-invasive prenatal testing (“NIPT”) has allowed women to identify more fetal disorders earlier in pregnancy than was possible only a decade ago. In addition to allowing women to prepare for the
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Reversing the Criminalization of Reproductive Health Care Access Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Meghan Boone
The state is increasingly criminalizing reproduction. While prosecutions of pregnant people for prenatal drug use began occurring several decades ago,1 this type of prosecution remained relatively rare for many years.2 But such prosecutions have increased dramatically—thousands have now occurred across the United States.3 In addition, the criminalization of reproduction is not limited to instances
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Pregnant Women and Opioid Use Disorder: Examining the Legal Landscape for Controlling Women’s Reproductive Health Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Lynn M. Madden, Jenn Oliva, Anthony Eller, Elizabeth DiDomizio, Mat Roosa, Lisa Blanchard, Natalie Kil, Frederick L. Altice, Kimberly Johnson
Women with opioid use disorder (“OUD”) are more likely than other women to experience sexual assault, unintentional pregnancy, transactional sex and coercion regarding reproductive health care choices than women without OUD. Laws described as family friendly may be punitive rather than helpful to women and rarely apply to men. Laws regarding reproductive health and OUD are unevenly enforced and therefore
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Reforming Medicaid Coverage Toward Reproductive Justice Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Madeline T. Morcelle
As the United States’ largest public health insurance program, Medicaid has since 1965 played a crucial role in the struggle for equitable health care access. It has the potential to be a powerful instrument of reproductive justice, yet discriminatory policies that deny coverage for vital sexual, reproductive, or other health services, or exclude entire populations of people with low incomes from coverage
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Remote Reproductive Rights Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Rachel Rebouché
In July 2020, a federal district court lifted the U.S. Food & Drug Administration’s (“FDA”) restriction requiring patients to pick up the first drug of a medication abortion—mifepristone—at a healthcare facility. Soon after, an ongoing experiment with remote care for abortion expanded, as telemedicine did in other areas, and virtual clinics began offering no-touch abortions. Growth of virtual care
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Do Pluripotent Stem Cells Offer a New Path to Reproduction? Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Audrey R. Chapman
The ability of pluripotent stem to develop into any of the cell types in the human body has meant that it was only a matter of time before scientists would try to transform them into human gametes. Up to now though it has not been possible to do so. Nevertheless a 2016 book written by Henry Greely speculated that in twenty to forty years most people in developed countries will cease reproduction through
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EACH Person’s Right: The Importance of Federal Abortion Care Funding to Health Care Reform Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Cassandra LaRose, Michael S. Sinha
The United States has a long and controversial history with abortion that did not end with Roe v. Wade. Almost immediately thereafter, anti-choice politicians commenced a decades-long effort to restrict access to abortion, recently culminating in the Dobbs decision that overturned Roe. One successful attempt to restrict access immediately following Roe was the Hyde Amendment. With more Americans covered
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Crisis Pregnancy Centers: An Inherently Unjust Limitation to Reproductive Rights Am. J. Law Med. (IF 0.694) Pub Date : 2023-01-30 Rebecca Feinberg, Danielle Pacia
Abortion, though afforded certain legal protections, can be challenging to access in many areas of the United States, a problem exacerbated by the presence of Crisis Pregnancy Centers (CPCs). CPCs present themselves as clinics that provide a full spectrum of free pregnancy consultation services, but in fact are pro-life, anti-abortion organizations.1 From the outside, CPCs appear to be neutral health
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No Policy is an Island: Mitigating COVID-19 in View of Interaction Effects Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Jan-Philip Elm, Roee Sarel
Why are COVID-19 mitigation strategies successful in reducing infections in some cases but not in others? Existing studies of individual policies tend to neglect the many interaction effects that arise when multiple policies are enacted simultaneously. Particularly, if a socially undesirable behavior has a close (and equally problematic) substitute, then a prohibition of that behavior will simply cause
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Dietary Supplements for Weight Loss: Legal Basis for Excise Tax and Other Government Action to Protect Consumers from a Public Health Menace Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Katrina Velasquez, Allison Ivie, Shanna R. Fegely, Amanda Raffoul, Julia A. Vitagliano, Christina A. Roberto, S. Bryn Austin
Purpose Dietary supplements sold for weight loss pose a risk to public health due to deceptive claims and unscrupulous manufacturing practices in the context of weak federal regulation. Efforts to strengthen U.S. federal oversight have not been successful, thus action at the state and local levels should be explored. This study investigates proposed action to impose excise taxes on weight-loss supplements
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COVID-19 Vaccine Hesitancy and (Mis)perception of Risk Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Joanna K. Sax
This Article tackles the critical problem of COVID-19 vaccine hesitancy and provides a normative framework for legal policies to address such hesitancy in the ongoing pandemic. The foundation of this Article rests in decision-making theories that allow policymakers to understand individual misperception of risk as compared to evidence-based assessment of risk. Vaccine-hesitant individuals assign a
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Self-Determined Health: Reevaluating Current Systems and Funding for Native American Health Care Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Olivia Meadows
For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other Americans. In a recent 2020 case, McGirt v. Oklahoma,
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Ignoring the Experts: Implications of the FDA’s Aduhelm Approval Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Alexandra Maulden
In early June 2021, the U.S. Food and Drug Administration (“FDA”) granted Accelerated Approval to Aducanumab (“Aduhelm”) for treating Alzheimer’s disease. The decision was immediately engulfed in controversy because the agency ignored the Scientific Drugs Advisory Committee’s unanimous recommendation not to approve the drug. The FDA granted the approval based on Aduhelm’s ability to lower beta-amyloid
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Increasing LGBTQ+ Access to Legal Services via Medical-Legal Partnerships Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-11 Amelia Melas
This Note details and proposes a solution to the deficit in access to justice and to care faced by the LGBTQ+ community due to historical and ongoing homophobia and transphobia in both the legal and medical fields. The proposed solution is the integration of medical-legal partnerships (“MLPs”) into LGBTQ+ resource organizations. These organizations already serve and have the trust of the queer community
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Access to Medication Abortion: Now More Important Than Ever. Am. J. Law Med. (IF 0.694) Pub Date : 2022-07-01 Rebecca Fliegel
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Applying a Common Enterprise Theory of Liability to Clinical AI Systems Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-17 Benny Chan
The advent of artificial intelligence (“AI”) holds great potential to improve clinical diagnostics. At the same time, there are important questions of liability for harms arising from the use of this technology. Due to their complexity, opacity, and lack of foreseeability, AI systems are not easily accommodated by traditional liability frameworks. This difficulty is compounded in the health care space
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Adolescent Medical Decisionmaking Rights: Reconciling Medicine and Law Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-17 Doriane Lambelet Coleman, Philip M. Rosoff
Dennis Lindberg came into his aunt’s care when he was in the 4th grade because his parents struggled with drug addiction and could not provide for him. At thirteen, he was baptized in his aunt’s faith as a Jehovah’s Witness. Just days after he turned fourteen, on November 6, he was diagnosed with acute lymphoblastic leukemia. The prognosis was that Dennis had a 75% chance of cure with standard oncology
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When Medical Devices Have a Mind of Their Own: The Challenges of Regulating Artificial Intelligence Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-17 Jessa Boubker
How can an agency like the U.S. Food & Drug Administration (“FDA”) effectively regulate software that is constantly learning and adapting to real-world data? Continuously learning algorithms pose significant public health risks if a medical device can change overtime to fundamentally alter the nature of a device post-market. This Article evaluates the FDA’s proposed regulatory framework for artificially
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Toward a Preliminary Theory of Organizational Incentives: Addressing Incentive Misalignment in Private Equity-Owned Long-Term Care Facilities Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-17 Alesha Ignatius Brereton
The COVID-19 pandemic brought critical debates regarding private equity ownership of long-term care facilities to the forefront of political, legal, and social landscapes. Like many of the historical concerns about long-term care, these debates center around low quality patient care. While the concerns present important challenges to overcome, this note theorizes the kinds of organizational incentives
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Reformulating Graham v. Connor’s Excessive Force Test to ADApt for Individuals with Disabilities Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-17 Christiana Prater-Lee
Individuals with disabilities are sixteen times more likely to be killed by officers during a law enforcement encounter than other individuals. As the ever-growing list of victims demonstrates, law enforcement violence against individuals with disabilities is a national crisis. Yet, the current test, developed under Graham v. Connor, for whether officers’ use of force is excessive during an arrest
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Whole Woman's Health v. Jackson: One Texas Law's Procedural Peculiarities and its Monolithic Threat to Abortion Access. Am. J. Law Med. (IF 0.694) Pub Date : 2022-03-01 Katrina Morris
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Alabama Association of Realtors v. Department of Health and Human Services: End of Federal Eviction Moratorium Curtails Expansive Interpretation of CDC's Statutory Authority. Am. J. Law Med. (IF 0.694) Pub Date : 2021-12-01 Christina Fuleihan
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The Optum-Atrius Transaction: A Model for Reviewing Mid-Sized Health Transactions. Am. J. Law Med. (IF 0.694) Pub Date : 2021-12-01 Minji Kim