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Prenatal Care For Undocumented Women In The United States, Cristina Mendoza 2020 Dominican University of California 81818app手机版下载

Prenatal Care For Undocumented Women In The United States, Cristina Mendoza

Nursing | Senior Theses

81818app手机版下载Background: While prenatal care is an essential preventive service, access is not equal. Undocumented immigrants in the United States face many barriers that prevent them from accessing primary health care needs, including adequate prenatal care. Throughout the United States, standard Medicaid provides coverage for all pregnancy-related care, encompassing the antenatal period, childbirth, and postpartum. However, undocumented women do not qualify to receive these services. Many studies showed that lack of prenatal care for undocumented pregnant women jeopardizes their health and their neonates’ health by increasing their risk of complications related to pregnancy and birth. Objective: To bring awareness of the ...


How To Fix Legal Scholarmush, Adam Kolber 2020 Brooklyn Law School

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

81818app手机版下载Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

81818app手机版下载In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off ...


Same Grid, Different Results: Criminal Sentencing Disparities Between Arkansas Counties, Alexis Stevens 2020 University of Arkansas, Fayetteville

Same Grid, Different Results: Criminal Sentencing Disparities Between Arkansas Counties, Alexis Stevens

Arkansas Law Review

Abraham Davis is a resident of Fort Smith, Arkansas—and a convicted felon. In May of 2017, the Sebastian County Circuit Court, Fort Smith District, charged Davis with criminal mischief in the first degree, as a Class D felony, for purposely destroying the property of another. Davis’s charge resulted in a criminal sentence ranging from as little as probation to as much as 6 years jail time and/or up to $10,000.00 in fines. This sentencing determination is generally allocated to the judge and prosecutor. However, victim intervention persuaded the court to release Davis on probation, sparing ...


Beyond Microagression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell 2020 Villanova University Charles Widger School of Law

Beyond Microagression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell

Villanova Law Review

No abstract provided.


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich 2020 Villanova University Charles Widger School of Law 81818app手机版下载

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Villanova Law Review

81818app手机版下载No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Defining “Regular Occupation” In Long-Term Disability Insurance Policies, Margo Jasukaitis, Daniel O’Hara 2020 Georgetown University Law Center.

Defining “Regular Occupation” In Long-Term Disability Insurance Policies, Margo Jasukaitis, Daniel O’Hara

Yale Journal of Health Policy, Law, and Ethics

Millions of American workers purchase “regular occupation” disability insurance to protect against disability-related job loss. Unlike general disability insurance policies, which require workers be disabled from doing any job to receive benefit payments, “regular occupation” insurance pays benefits when workers become disabled from doing their specific job. Whether a disabled worker receives benefits under such a plan often turns on how insurers and courts define the worker’s “regular occupation.”


Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Action To Safeguard Future Generations, Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz 2020 Visiting Associate Clinical Professor of Law at Columbia Law School.

Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Action To Safeguard Future Generations, Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz

Yale Journal of Health Policy, Law, and Ethics

81818app手机版下载Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children’s environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best ...


Democracy And Health: Situating Health Rights Within A Republic Of Reasons, Alicia Ely Yamin, Tara Boghosian 2020 Senior Fellow on Global Health and Rights, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, and Senior Advisor, Bergen Centre on Ethics and Priority Setting. 81818app手机版下载

Democracy And Health: Situating Health Rights Within A Republic Of Reasons, Alicia Ely Yamin, Tara Boghosian

Yale Journal of Health Policy, Law, and Ethics

Patterns of population health are keen reflections of structural inequities in societies, yet they are rarely subject to the requirements of democratic justification that other systemic inequalities provoke. Nor are health systems generally subject to societal scrutiny regarding fidelity to normative commitments of dignity and equality. Increased recognition of social determinants of health has challenged the narrow biomedical view of health as a stochastic phenomenon. More recently the sweeping devastation of the COVID-19 pandemic has laid bare structural injustices across many democracies, which contributed to widely disparate rates of infection and mortality.


Transformative Models To Promote Prescription Drug Innovation And Access: A Landscape Analysis, Phebe Hong, Aaron S. Kesselheim, Ameet Sarpatwari 2020 Harvard Law School 81818app手机版下载

Transformative Models To Promote Prescription Drug Innovation And Access: A Landscape Analysis, Phebe Hong, Aaron S. Kesselheim, Ameet Sarpatwari

Yale Journal of Health Policy, Law, and Ethics

The patent-based pharmaceutical innovation system in the US does not incentivize the development of drugs with the greatest impact on patient or public health. It has also led to drug prices that patients and health care systems cannot afford. Three alternate approaches to promoting pharmaceutical innovation have been proposed to address these shortcomings. Delinkage models involve payments for drug innovation based on public health value rather than on a per-use basis. Public manufacturing models call upon governments and nonprofit organizations to lead drug discovery, development, and production. Public-private partnership models entail publicly-funded organizations working closely with for-profit partners on drug ...


Early Access To Unapproved Medicines In The United States And France, Erika Lietzan, Isabelle Moine-Dupuis 2020 Associate Professor at the University of Missouri School of Law 81818app手机版下载

Early Access To Unapproved Medicines In The United States And France, Erika Lietzan, Isabelle Moine-Dupuis

Yale Journal of Health Policy, Law, and Ethics

In 2018, President Trump signed a federal “right to try” law, claiming that it would give desperately ill patients earlier access to unapproved medicines, by allowing the patient, doctor, and drug company to arrange for access without federal oversight. Critics of the law argued that it would not meaningfully increase access to experimental medicines, because federal oversight was not the obstacle in the first place. And they were correct. U.S. law already permitted companies to provide terminally ill patients with early access to unapproved medicines. The problem was instead that companies did not take advantage of this option. This ...


Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz 2020 St. Mary's University School of Law

Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz

St. Mary's Law Journal

81818app手机版下载Congress enacted the Federal Rules of Evidence to govern evidentiary procedures and “eliminate unjustifiable expense and delay.” In criminal cases, for example, Federal Rule of Evidence 404(b) seeks to prevent prosecutors from improperly introducing a defendant’s past misdeeds. Nevertheless, prosecutors often attempt to introduce a defendant’s past misconduct to suggest that a defendant has a propensity to commit crimes, which is improper character evidence. Unsurprisingly, 404(b) is one of the most litigated evidence rules and has generated more published opinions than any other subsections of the Rules. And despite efforts to amend Rule 404(b), the ...


And Justice For None: How Covid-19 Is Crippling The Criminal Jury Right, Brandon Marc Draper 2020 University of Houston Law Center 81818app手机版下载

And Justice For None: How Covid-19 Is Crippling The Criminal Jury Right, Brandon Marc Draper

Boston College Law Review

81818app手机版下载The jury trial is the cornerstone of the criminal justice system in the United States. Amid the COVID-19 pandemic, however, access to fair and constitutional jury trials has largely come to a halt. Courts correctly decided to stop all jury trials and other in-person proceedings as the nation learned more about a new and deadly virus. Nevertheless, this decision denied access to an important constitutional right. In response, some courts employed video conference technology such as Zoom and WebEx to conduct arraignments, general court appearances, and some pretrial hearings. Six months into the pandemic, some criminal courts are beginning to ...


The Search For Clarity In Attorney's Duty To Google, Michael Murphy 2020 University of Pennsylvania Law School 81818app手机版下载

The Search For Clarity In Attorney's Duty To Google, Michael Murphy

Faculty Scholarship at Penn Law

81818app手机版下载Attorneys have a professional duty to investigate relevant facts about the matters on which they work. There is no specific rule or statute requiring that an attorney perform an internet search as part of this investigation. Yet attorneys have been found by judges to violate a “Duty to Google” when they have failed to conduct an internet search for relevant information about, for example, a claim, their own client, and even potential jurors in a trial.

So much information is now available to attorneys so easily in electronic search results, it is time to wonder where, when, and how much ...


The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman 2020 Washington and Lee University School of Law 81818app手机版下载

The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman

Scholarly Articles

In the Godfather trilogy, lawyers do most of their work outside of the courtroom. The family’s lawyer, Tom Hagen, has the title of consigliere, serving as the boss’s right-hand man. He is legal counsel and also assists with business management and planning. This includes operation of the family’s criminal enterprise. In The Godfather, a lawyer is a fixer, an enforcer, and a collaborator. This conceptualization of the attorney role is not only unethical, it is illegal. Yet, it is the role currently assumed by our Attorney General, William “Bill” Barr, and White House Counsel, Pasquale “Pat” Cipollone ...


The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman 2020 Washington & Lee University School of Law 81818app手机版下载

The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman

SMU Law Review Forum

81818app手机版下载No abstract provided.


Battling Over Patents: The Impact Of Oil States On The Generic Drug Industry, Jonathan J. Darrow, Ameet Sarpatwari, Gregory Curfman 2020 S.J.D., LL.M., J.D., M.B.A., Assistant Professor, Harvard Medical School.

Battling Over Patents: The Impact Of Oil States On The Generic Drug Industry, Jonathan J. Darrow, Ameet Sarpatwari, Gregory Curfman

Yale Journal of Health Policy, Law, and Ethics

In the 2018 case of Oil States Energy Services v. Greene’s Energy Group, the U.S. Supreme Court upheld the constitutionality of inter partes review, a non-judicial proceeding for challenging patents that was created by Congress as part of the 2011 Leahy-Smith America Invents Act. By establishing inter partes review, Congress hoped to rebalance patent policy to make it faster and less costly to invalidate erroneously granted patents in all fields of technology. In the pharmaceutical industry, generic drug companies have embraced inter partes review, filing hundreds of challenges in the first five years after its creation, with moderate ...


Habit Forming: Evidence Of Physician Habit In Medical Negligence Litigation, Marc D. Ginsberg 2020 B.A., M.A., J.D., LL.M. (Health Law), Professor, UIC John Marshall Law School 81818app手机版下载

Habit Forming: Evidence Of Physician Habit In Medical Negligence Litigation, Marc D. Ginsberg

Yale Journal of Health Policy, Law, and Ethics

”Habit” is a time-honored component of the law of evidence. Habit evidence is generally understood as specific conduct which occurs repetitively, over a period of time, in response to a known stimulus. Habitual conduct is also thought to be non-volitional, suggesting that it encompasses conduct without thought.

This paper focuses on whether the practice of medicine is, in any respect, “habitual.” Are medical negligence litigants, plaintiffs and physicians, entitled to introduce evidence of physician habit to demonstrate deviation from or compliance with the applicable standard of care? Is the practice of medicine entirely volitional and judgmental, such that classic habit ...


The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Sydney Diekmann, Christine Egan, Carly Rasmussen, Francis X. Shen 2020 B.S. Neuroscience, University of Minnesota 81818app手机版下载

The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Sydney Diekmann, Christine Egan, Carly Rasmussen, Francis X. Shen

Yale Journal of Health Policy, Law, and Ethics

Legislatures have increasingly turned to education-based strategies to address significant public health challenges, despite unclear efficacy of statutory mandated education. In this Article, we examine the recent and rapid adoption of youth sports concussion laws as a lens to explore the limits of education based legislative intervention models. In less than 10 years, all 50 states adopted a youth sports concussion statute—and each law mandates concussion education for coaches and/or student athletes. This expansive, expensive intervention was designed to reduce concussion incidence and improve concussion care. But based on a review of 54 peer-reviewed studies, we argue that ...


Should Judges Have A Duty Of Tech Competence?, John G. Browning 2020 Spencer Fane LLP 81818app手机版下载

Should Judges Have A Duty Of Tech Competence?, John G. Browning

St. Mary's Journal on Legal Malpractice & Ethics

In an era in which lawyers are increasingly held to a higher standard of “tech competence” in their representation of clients, shouldn’t we similarly require judges to be conversant in relevant technology? Using real world examples of judicial missteps with or refusal to use technology, and drawn from actual cases and judicial disciplinary proceedings, this Article argues that in today’s Digital Age, judicial technological competence is necessary. At a time when courts themselves have proven vulnerable to cyberattacks, and when courts routinely tackle technology related issues like data privacy and the admissibility of digital evidence, Luddite judges are ...