Journal of law and health最新文献

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

Jason 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":null,"pages":null},"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

How Bodily Autonomy Can Fail Against Vaccination Mandates: The Few vs. the Many. 身体自主权如何抵御疫苗接种强制要求？少数人与多数人。

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

Jason Yadhram

{"title":"How Bodily Autonomy Can Fail Against Vaccination Mandates: The Few vs. the Many.","authors":"Jason Yadhram","doi":"","DOIUrl":"","url":null,"abstract":"Humans have been a communal species since inception and continue to be so to this day. Because of this, if even a small scale of a measured population becomes severely ill, the entire remaining population and surrounding area is thrown into absolute chaos. In fact, we have seen these circumstances throughout history and in the recent COVID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. Since COVID-19 however, vaccination mandates have become an uneasy topic of conversation in the United States for essentially one main reason, some U.S citizens do not like to be told what to do with their body and what to place inside it, further believing their bodily autonomy to be absolute. Data shows that this ideology recently became more widespread from an increase of mistrust of government and pharmaceutical companies, and from political beliefs and affiliations. Nevertheless, what the data also shows is that these same individuals were asserting their right to bodily autonomy against a vaccination mandate in an unduly aggressive manner, and on a very erroneous understanding of the governing jurisprudence, policies and modern scientific data surrounding said vaccination mandates and large scale disease outbreaks. This article therefore aims to provide a clear and extensive understanding of the proposition that, while bodily autonomy is favored in other aspects of life, this right can fail with respect to deadly disease outbreaks and mandatory vaccinations as there is presently no other practical or feasible alternative. Specifically, this article introduces and/or reminds the U.S. public of well-established governing case law, relevant historical and scientific information and the pertinent legislative authority surrounding vaccines, bodily autonomy, and vaccination mandates.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249106","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

Distorted Burden Shifting and Barred Mitigation: Being a Stubborn 234 Years Old Ironically Hasn't Helped the Supreme Court Mature. 扭曲的责任转移和禁止的减刑：作为一个 234 岁的顽固分子，讽刺的是，这并没有帮助最高法院走向成熟。

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

Noah Seabrook

{"title":"Distorted Burden Shifting and Barred Mitigation: Being a Stubborn 234 Years Old Ironically Hasn't Helped the Supreme Court Mature.","authors":"Noah Seabrook","doi":"","DOIUrl":"","url":null,"abstract":"This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating evidence related to ACEs, thereby perpetuating judicial errors. The mismatched burdens of proof for aggravating and mitigating factors further compound the problem, contributing to a flawed system that disproportionately affects emerging adults. In response to these issues, some states are reevaluating their approach to emerging adult justice, considering initiatives such as \"raise the age\" campaigns and specialized courts. The Note promotes an approach that aligns with cognitive age appropriateness, tailoring interventions to encompass restorative justice, rehabilitative measures, and a comprehensive legal framework to address the distinct needs of the emerging adult population. Recognizing the potential for cognitive development and rehabilitation during this transitional phase, this Note contends that alternative methods can provide opportunities for ACE-impacted individuals to age out of criminal behaviors, potentially altering life trajectories and mitigating the imposition of capital punishment.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249105","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

Nonfinancial Conflict of Interest in Medical Research: Is Regulation the Right Answer. 医学研究中的非财务利益冲突：监管是正确答案吗？

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

Nehad Mikhael

{"title":"Nonfinancial Conflict of Interest in Medical Research: Is Regulation the Right Answer.","authors":"Nehad Mikhael","doi":"","DOIUrl":"","url":null,"abstract":"Medical research plays a vital role in advancing human knowledge, developing new therapies and procedures, and reducing human suffering. Following the atrocities committed in the name of medical research by German physicians during the Nazi era, the Nuremberg trials were held, and an ethical code was created to establish the limits within which medical research can operate. Consequently, legal regimes built upon this ethical foundation to develop laws that ensure the integrity of medical research and the safety of human subjects. These laws sought to protect human subjects by minimizing conflicts of interest that may arise during the process. Furthermore, conflicts of interest may be financial such as monetary gain, or nonfinancial such as promotion and career advancement. However, with a $1.1 billion median cost of developing a new drug, the focus of these laws was directed towards financial conflicts of interest. But should we expand these laws to include nonfinancial conflicts of interest? This Article highlights prominent arguments in favor of and against the regulation of nonfinancial conflicts of interest in medical research. It further concludes that adequate institutional policies--not additional regulations--strike the right balance between the need to safeguard against the harmful effects of nonfinancial conflicts of interest on the one hand and avoiding the drawbacks of overregulation on the other.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249126","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

Without Due Process of Law: The Dobbs Decision and Its Cataclysmic Impact on the Substantive Due Process and Privacy Rights of Ohio Women. 没有正当法律程序：多布斯裁决及其对俄亥俄州妇女的实质性正当程序和隐私权的灾难性影响》。

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

Jacob Wenner

{"title":"Without Due Process of Law: The Dobbs Decision and Its Cataclysmic Impact on the Substantive Due Process and Privacy Rights of Ohio Women.","authors":"Jacob Wenner","doi":"","DOIUrl":"","url":null,"abstract":"Since the overturning of prior abortion precedents in Dobbs v. Jackson Women's Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women's reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated for and passed by the Ohio Republican legislature and signed into law by Ohio Governor Mike DeWine. Despite this particular ban being successfully challenged and stayed, significant problems persist regarding due process rights for women in Ohio, particularly in the aftermath of Justice Thomas's concurrence in Dobbs advising the Court to revisit prior precedents, such as Griswold v. Connecticut providing for the right to contraception. If the Court were to revisit and strike down Griswold, it would further undermine privacy and due process rights that have been granted to women across this country, including here in Ohio, for decades. Justice Thomas's concurrence, while merely dicta, encapsulates a Court that has become increasingly hostile to treasured fundamental rights for women, a hostility mirrored in numerous Republican legislatures, including right here in Ohio.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249119","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

When Governors Prioritize Individual Freedom over Public Health: Tort Liability for Government Failures. 当州长将个人自由置于公共健康之上时：政府失误的侵权责任。

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

Barbara Pfeffer Billauer

引用次数: 0

California v. Texas: Avoiding an Antidemocratic Outcome. 加州诉得克萨斯州案：避免反民主的结果。

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

Jon Lucas

{"title":"California v. Texas: Avoiding an Antidemocratic Outcome.","authors":"Jon Lucas","doi":"","DOIUrl":"","url":null,"abstract":"The Affordable Care Act (\"ACA\") contains a section titled \"Requirement to Maintain Essential Minimum Coverage.\" Colloquially known as the Individual Mandate, this section of the Act initially established a monetary penalty for anyone who did not maintain health insurance in a given tax year. But with the passage of the Tax Cuts and Jobs Act, the monetary penalty was reset to zero, inducing opponents of the ACA to mount a legal challenge over the Individual Mandate's constitutionality. As the third major legal challenge to the ACA, California v. Texas saw the Supreme Court punt on the merits and instead decide the case on grounds of Article III standing. But how would the ACA have fared if the Court had in fact reached the merits? Did resetting the Individual Mandate penalty to zero uncloak the provision from the saving construction of Nat'l Fed'n of Indep. Bus. v. Sebelius? This Note posits that, had the Court reached the merits, it would have found the Individual Mandate no longer met the requirements for classification as a tax under the rule relied on in NFIB. Moreover, it argues that the Court would have found the unconstitutional provision to be inseverable from the ACA insofar as it was integral to funding both the novel structure of the reformed healthcare system and the prohibition against insurance carriers denying coverage due to a pre-existing condition. This examination ultimately reveals that an outright repeal of the ACA would have been antidemocratic in the face of current consensus opinion that favors the reform and highlights the impact its abrogation would have had.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141249123","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

Privileges, Immunities, and Affirmative Action in Medical Education. 医学教育中的特权、豁免和平等权利行动。

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

Gregory Curfman

引用次数: 0