Journal of law and health最新文献

Conversation in My Parlor About Climate Change and the Call to Thoughtful Service by Lawyers with Disabilities. 在我的客厅里谈论气候变化和呼吁残疾人律师周到的服务。

Journal of law and health Pub Date : 2025-01-01

Gary Norman

引用次数: 0

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort the Standard of Care? 极端（和近乎极端）局部性规则持续存在！为什么继续忽视现代医学并扭曲护理标准？

Journal of law and health Pub Date : 2025-01-01

Marc D Ginsberg

引用次数: 0

Cracking the Facade: Analyzing Ohio's "Don't Say Gay" Legislation as Disguised Discrimination Under the First and Fourteenth Amendments. 打破表象：分析俄亥俄州的“别说同性恋”立法是第一和第十四修正案下的变相歧视。

Journal of law and health Pub Date : 2025-01-01

Sydni L Porter

{"title":"Cracking the Facade: Analyzing Ohio's \"Don't Say Gay\" Legislation as Disguised Discrimination Under the First and Fourteenth Amendments.","authors":"Sydni L Porter","doi":"","DOIUrl":"","url":null,"abstract":"The Ohio State Legislature is among the growing nationwide trend in attacking LGBTQ+ rights. Chief among these is Ohio House Bill 8, which claims to limit the types of content children encounter in schools. While the drafters cite this noble intent, the bill's actual impact further harms queer students and teachers, who already bear heavier mental health burdens due to such legislation and its societal implications. This type of legislation recently originated in Florida, where it was signed into law by Governor Ron DeSantis in 2022 and garnered national media attention. As Ohio Governor Mike DeWine signed a near-identical bill in January 2025, the outcomes observed in Florida inform the constitutional analyses for the Ohio constituency. As in Florida, Ohio's bill is left intentionally vague, banning \"gender ideology\" and \"sexual concepts\" in classrooms or constraining them to what is deemed age-appropriate without providing sufficient guidelines for what may be acceptable. The disparate impact of this legislation is rooted entirely in gender classifications, triggering intermediate scrutiny. The bill's ambiguity creates a chilling effect on students' First Amendment rights by restricting the ability to express gender non-conformity without the school disclosing such changes to their families, disregarding the child's safety, and limiting the type of instruction children may receive in the classroom. Consequently, this compels schools to treat LGBTQ+ students and age-appropriate content differently from their heteronormative counterparts, inherently relegating those with queer identities as second-class citizens under the Fourteenth Amendment's Equal Protection and Substantive Due Process clauses.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"38 2","pages":"267-303"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143671908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Splitting Equality: Access to Gender-Affirming Care in the Fourth Circuit. 分裂平等：在第四巡回法院获得性别确认护理。

Journal of law and health Pub Date : 2025-01-01

Gilbert D Jones

{"title":"Splitting Equality: Access to Gender-Affirming Care in the Fourth Circuit.","authors":"Gilbert D Jones","doi":"","DOIUrl":"","url":null,"abstract":"This Note critically examines the evolving legal landscape surrounding transgender individuals' access to gender-affirming care in the United States, focusing on two pivotal cases before the Fourth Circuit: Kadel v. Folwell (North Carolina) and Fain v. Crouch (West Virginia). These cases present a constitutional and statutory challenge to the exclusion of medically necessary gender-affirming care from state health plans, under Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The Note contextualizes these lawsuits within a broader historical trajectory of transgender rights, highlighting legal and cultural milestones that have shaped access to care and recognition. Drawing on precedent, including Grimm v. Gloucester County School Board and Bostock v. Clayton County, the analysis explores how gender identity is legally understood through the lens of sex discrimination. It further considers the persuasive value of medical consensus on the necessity of gender-affirming care, as endorsed by major health organizations. The paper identifies the legal inconsistencies and discriminatory rationales employed by states to deny this care and critiques the sociopolitical underpinnings of such exclusions. By comparing the different factual and legal circumstances of Kadel and Fain, the Note argues that the Fourth Circuit has an opportunity to affirm constitutional protections for transgender persons. It proposes a legally and politically viable middle ground: requiring states to provide coverage for non-surgical interventions such as medication and psychotherapy, thereby upholding basic standards of care while navigating judicial restraint. Ultimately, the Note underscores that the outcome of these joined en banc proceedings will significantly influence future litigation, legislative efforts, and the lived realities of transgender individuals. In doing so, it advocates for a legal framework rooted in equality, medical necessity, and the dignity of all persons under the law.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"38 3","pages":"402-421"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144036223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rest in the Mourning: Navigating Assisted Suicide and Autonomy. 在哀悼中休息：引导辅助自杀和自主。

Journal of law and health Pub Date : 2025-01-01

Jada Rhome

{"title":"Rest in the Mourning: Navigating Assisted Suicide and Autonomy.","authors":"Jada Rhome","doi":"","DOIUrl":"","url":null,"abstract":"Life, in all its diversity, has always been revered for its beauty, be it in the myriad opportunities it presents, the relationships we forge, or the cyclical changes that shape our journey. Yet, life's harsh winters, those prolonged periods of suffering, often push the boundaries of endurance, prompting the question: Should we insist on perseverance when the hope of relief seems distant? This paper aims to explore this very question in the context of assisted suicide. This paper delves into the intricate ethical landscape of assisted suicide, navigating the complex interplay between autonomy, dignity, and the sanctity of life. At the core of this discourse is the concept of \"rest in the mourning,\" where those grappling with the burdens of illness have already mourned the life they once knew. Their consideration of assisted suicide is not a mere desire to escape but a profound acknowledgment of life's impermanence and a quest for dignity in death. Utilizing the New Haven approach, this paper frames the debate over whether the right to die should be considered a fundamental liberty under the Fourteenth Amendment of the U.S. Constitution from various perspectives, including medical ethics, religious views, and constitutional considerations. The New Haven approach, a framework that aims to shape laws that foster human flourishing, raises an important question: Can the right to die, rooted in the principles of autonomy and dignity, be safeguarded without eroding the societal bonds that unite us? Do the laws governing assisted suicide truly serve people and promote human flourishing? This approach is crucial in understanding the implications of laws guiding assisted suicide and their impact on human flourishing.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"38 2","pages":"229-266"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143671913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cannabis in the Clink: An Argument in Favor of Medical Marijuana for Disabled Inmates. 监狱里的大麻：支持残疾囚犯使用医用大麻的争论。

Journal of law and health Pub Date : 2025-01-01

Sophia DeChurch

引用次数: 0

Amgen Enablement and its Undue Burden on an Overburdened Biomedical Industry. 安进授权及其对负担过重的生物医学行业的不当负担。

Journal of law and health Pub Date : 2025-01-01

Carter Chippi

引用次数: 0

Secrets Clutched in a Dead Hand: Rethinking Posthumous Psychotherapist-Patient Privilege in the Light of Reason and Experience with Other Evidentiary Privileges. 死人手里攥着的秘密：根据理性和其他证据特权的经验反思遗体心理治疗师-病人特权》（Rethinking Posthumous Psychotherapist-Patient Privilege in the Reason and Experience with Other Evidentiary Privileges）。

Journal of law and health Pub Date : 2024-01-01

Jared S Sunshine

引用次数: 0

The Ninth Amendment: An Underutilized Protection for Reproductive Choice. 第九修正案：第九修正案：对生育选择权未充分利用的保护。

Journal of law and health Pub Date : 2024-01-01

Layne Huff

{"title":"The Ninth Amendment: An Underutilized Protection for Reproductive Choice.","authors":"Layne Huff","doi":"","DOIUrl":"","url":null,"abstract":"Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers' concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated rights, but for protecting or expanding even enumerated rights. The right to privacy--encompassing the right to contraception and abortion--the right to preserve the integrity of your family, the right to vote, the right to own a firearm as an individual--all these rights have been asserted under and found to be supported by the Ninth Amendment. In its Dobbs v. Jackson Women's Health decision overturning Roe, the Supreme Court found that there is no right to abortion because it is not in the Constitution. But the potential of the Ninth Amendment is such that reproductive choice need not be mentioned in the Constitution to be protected. Reproductive choice may rightfully be considered as part of a right to privacy, an unenumerated right that nevertheless has abundant precedent behind it. The Ninth Amendment, and its counterparts found in many state constitutions, has the power to protect not just reproductive choice, but all of our fundamental rights.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"37 2","pages":"105-126"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Trigger Warning: Red Flag Laws are Still Constitutionally Permissible and Could Reduce the Suicide Rates in the Country's Most Vulnerable States. 触发警告：红旗法在宪法上仍然是允许的，可以降低美国最脆弱州的自杀率。

Journal of law and health Pub Date : 2024-01-01

Joseph C Campbell

引用次数: 0