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Medical Jurisprudence Commons

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Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan 2020 University of Wisconsin Law School 81818app手机版下载

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in ...


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


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School 81818app手机版下载

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights81818app手机版下载, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

81818app手机版下载This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


Universal Masking In The United States: The Role Of Mandates, Health Education, And The Cdc, Lawrence O. Gostin, I. Glenn Cohen, Jeffrey P. Koplan 2020 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Universal Masking In The United States: The Role Of Mandates, Health Education, And The Cdc, Lawrence O. Gostin, I. Glenn Cohen, Jeffrey P. Koplan

Georgetown Law Faculty Publications and Other Works

The Centers for Disease Control and Prevention (CDC) recommends cloth face coverings in public settings to prevent spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19). Face coverings decrease the amount of infectious virus exhaled into the environment, reducing the risk an exposed person will become infected.1 Although many states and localities have ordered mask use, considerable variability and inconsistencies exist. Would a national mandate be an effective COVID-19 prevention strategy, and would it be lawful? Given the patchwork of state pandemic responses, should the CDC have enhanced funding and powers ...


The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney 2020 Northwestern Pritzker School of Law

The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney

Northwestern University Law Review

81818app手机版下载The harmful effects of solitary confinement have been established in a variety of direct observations and empirical studies that date back to the nineteenth century, conducted in many different countries by researchers with diverse disciplinary backgrounds. This Essay argues that these effects should be situated and understood in the context of a much larger scientific literature that documents the adverse and sometimes life- threatening psychological and physical consequences of social isolation, social exclusion, loneliness, and the deprivation of caring human touch as they occur in free society. These dangerous conditions are the hallmarks of solitary confinement. Yet they are imposed ...


Healthcare Licensing And Liability, Benjamin McMichael 2020 University of Alabama School of Law

Healthcare Licensing And Liability, Benjamin Mcmichael

Indiana Law Journal

The United States’ affordable care crisis and chronic physician shortage have

required advanced practice registered nurses (APRNs) and physician assistants

(PAs) to assume increasingly important roles in the healthcare system. The increased

use of these nonphysician providers has improved access to healthcare and lowered

the price of care. However, restrictive occupational licensing laws—specifically,

scope-of-practice laws—have limited their ability to care for patients. While these

laws, by themselves, have important implications for the healthcare system, they also

interact with other legal regimes to impact the provision of care. Restrictive scopeof-

81818app手机版下载practice laws can increase the malpractice liability risk of ...


Patents, Information, And Innovation, Brenda M. Simon 2020 Brooklyn Law School

Patents, Information, And Innovation, Brenda M. Simon

Brooklyn Law Review

81818app手机版下载Inventors and commercialization partners often rely on patents to facilitate the exchange of sensitive information. Most scholarship in this area has focused on the areas of software and biotechnology. To provide a richer description of the role of patents in the innovative process, this project evaluates the existing literature and sets forth examples drawn from a series of interviews with professionals from the largely-overlooked medical device industry. The limited analysis of the medical device industry has focused on the largest few dozen firms—as publicly-traded entities, a great deal of data about them is readily available. Small medical device companies ...


“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson 2020 Brooklyn Law School

“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson

Brooklyn Law Review

Although the growth and acceptance of technological advances in the medical field have been rapid, the legal system has neglected to adjust its laws accordingly. Perhaps the most significant innovation is telemedicine, which allows a patient and a doctor, miles away from each other, to form a medical relationship across state lines. Yet, the traditional state-by-state physician licensing scheme, which promotes a medical relationship within just one state, remains the governing law. Consequently, many citizens––especially those residing in rural areas––continue to suffer from lack of health care access due to physician shortages within their state borders. Accordingly, this ...


Assisted Reproduction: Reforming State Statutes After Obergefell V. Hodges And Pavan V. Smith, Thomas B. James 2020 University of Maryland Francis King Carey School of Law 81818app手机版下载

Assisted Reproduction: Reforming State Statutes After Obergefell V. Hodges And Pavan V. Smith, Thomas B. James

University of Maryland Law Journal of Race, Religion, Gender and Class

81818app手机版下载No abstract provided.


Fraud Or Confusion: A Pill For Chronic Securities Litigation In The Life Sciences Sector, Eric Schmid 2020 Boston College Law School

Fraud Or Confusion: A Pill For Chronic Securities Litigation In The Life Sciences Sector, Eric Schmid

Boston College Law Review

81818app手机版下载Publicly traded life science companies must navigate two overlapping regulatory agencies with distinct disclosure policies. The Food & Drug Administration (FDA) has a policy of under-disclosure to incentivize drug development while the Securities and Exchange Commission (SEC) encourages over-disclosure to avoid securities fraud. The FDA’s far-reaching and complex regulations, coupled with its acquiescence to confidentiality, obfuscates a life science company’s obligations under SEC regulation; as a result, life science companies are an attractive target for securities litigation. This Note explores the interplay between FDA and SEC regulations to pinpoint the source of the disproportionately high rate of securities litigation. It identifies two possible causes, one calling for drastic reforms and the other requiring a modest solution in comparison. It subsequently recommends the FDA release broad guidance on good disclosure practices in an attempt to reduce litigation for life science companies before more radical reforms are required.


Somebody Call My Doctor: Repeal Of The Treating Physician Rule In Social Security Disability Adjudication, Charles Terranova 2020 Buffalo Law Review

Somebody Call My Doctor: Repeal Of The Treating Physician Rule In Social Security Disability Adjudication, Charles Terranova

Buffalo Law Review

No abstract provided.


Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School of Law 2020 Roger Williams University

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Strategic Apologies In Medical Malpractice Mediation, Brittany Norman 2020 Pepperdine University

Strategic Apologies In Medical Malpractice Mediation, Brittany Norman

Pepperdine Dispute Resolution Law Journal

81818app手机版下载Mistakes happen, even in a field as serious and careful as medicine. As a result, some patients are left with unexpected results from their medical procedures. Once hospitals inform patients of medical mistakes or the patients inform the hospital, the patients' cases are moved to the legal realm, where they are viewed as a liability. This shift causes the patient to feel as though the hospital does not recognize him or her and prevents doctors from apologizing to their patients, despite their desire to do so. In an attempt to apologize without vulnerability to liability, medical professionals are sometimes instructed ...


Euthanasia Of The Coronavirus - Covid-19, Sheila P. Davis 2020 The University of Southern Mississippi 81818app手机版下载

Euthanasia Of The Coronavirus - Covid-19, Sheila P. Davis

Online Journal of Health Ethics

At the time of this editorial, COVID-19, aka the Novel Coronavirus, has wrecked havoc and left in its path of destruction, death, unemployment, the instability of nation’s economies, misery, uncertainty, despair, and a fear regarding what the new81818app手机版下载 tomorrow will look like. And, perhaps more importantly, the question of who will be here tomorrow lingers. Now classified as a pandemic, this virus has resulted in over 1,381,014 cases worldwide with 78,269 deaths to date. Presently, Louisiana and Detroit are emerging as the next hot spots behind New York as the fastest rate of increase for COVID-19 ...


Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel

Nevada Supreme Court Summaries

81818app手机版下载No abstract provided.


The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux 2020 Barry University School of Law 81818app手机版下载

The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux

Child and Family Law Journal

No abstract provided.


Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn 2020 Barry University School of Law 81818app手机版下载

Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn

Child and Family Law Journal

81818app手机版下载No abstract provided.


(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein 2020 Brooklyn Law School

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Washington and Lee Law Review

81818app手机版下载This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.

The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies ...


What Results Should Be Returned From Opportunistic Screening In Translational Research?, Colin M.E. Halverson, Sarah H. Jones, Laurie Novak, Christopher Simpson, Digna R. Velez Edwards, Sifang K. Zhao, Ellen W. Clayton 2020 Indiana Univ. School of Medicine 81818app手机版下载

What Results Should Be Returned From Opportunistic Screening In Translational Research?, Colin M.E. Halverson, Sarah H. Jones, Laurie Novak, Christopher Simpson, Digna R. Velez Edwards, Sifang K. Zhao, Ellen W. Clayton

Vanderbilt Law School Faculty Publications

81818app手机版下载Increasingly, patients without clinical indications are undergoing genomic tests. The purpose of this study was to assess their appreciation and comprehension of their test results and their clinicians’ reactions. We conducted 675 surveys with participants from the Vanderbilt Electronic Medical Records and Genomics (eMERGE) cohort. We interviewed 36 participants: 19 had received positive results, and 17 were self-identified racial minorities. Eleven clinicians who had patients who had participated in eMERGE were interviewed. A further 21 of these clinicians completed surveys. Participants spontaneously admitted to understanding little or none of the information returned to them from the eMERGE study. However, they ...


Amending The Ryan Haight Act: Elevating Telemedicine Law To New Heights, Dillon Vaughn 2020 Texas A&M University School of Law (Student) 81818app手机版下载

Amending The Ryan Haight Act: Elevating Telemedicine Law To New Heights, Dillon Vaughn

Texas A&M Law Review

The Ryan Haight Act has established excessive restrictions on controlled substance prescribing through telemedicine by first requiring an in-person exam. If the Act is not amended, many individuals in need of medication will go without proper medical care. While other agencies and states have made moves to expand telehealth, the DEA has dragged its feet on making any significant changes. This Comment argues that the federal government should amend the Ryan Haight Act, allowing telemedicine providers to prescribe controlled substances without an in-person exam. This amendment would focus on the standard of care while requiring stringent documentation by physicians who ...