Journal of law and health最新文献

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort the Standard of Care?

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.

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

Cannabis in the Clink: An Argument in Favor of Medical Marijuana for Disabled Inmates.

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

Sophia DeChurch

引用次数: 0

Rest in the Mourning: Navigating Assisted Suicide and Autonomy.

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

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":"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

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":"37 2","pages":"127-161"},"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

Developing Thick Skin: Pediatric Eczema in Vulnerable Communities and FDA Regulation of Cosmetic Products. 发展厚皮：弱势群体中的小儿湿疹与美国食品及药物管理局对化妆品的监管。

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

Abayomi Jones

{"title":"Developing Thick Skin: Pediatric Eczema in Vulnerable Communities and FDA Regulation of Cosmetic Products.","authors":"Abayomi Jones","doi":"","DOIUrl":"","url":null,"abstract":"Eczema is a common yet serious inflammatory skin condition affecting millions of children in the United States. Dark skin and/or African-American ethnicity are risk factors for increased eczema severity, most likely due to systemic racism expressed as lower socioeconomic status, increased environmental toxin exposure, decreased access to adequate medical care, and infrequent implementation of early intervention practices. Skin-directed management of eczema for caregivers is critically important for improving clinical outcomes of children with eczema. Skin-directed management of eczema includes avoidance of allergens and appropriate moisturization of skin, which warrants evaluation of cosmetic products like lotions, creams and oils essential for effective home management of the condition. The Federal Drug Administration (FDA) oversees the regulation of cosmetic products under the Food, Drug, and Cosmetic Act (FDCA). Some over-the-counter (OTC) cosmetic products labeled as eczema treatments may be considered a nonprescribed drug and/or a cosmetic product by the FDA, and allergens generally considered harmful to eczematous skin may be found in both categories of skincare products. OTC products labeled as treating eczema make a concrete medical claim and should be further scrutinized to assess their credibility. The negative ramifications of inadequate skincare for dark-skinned and Black children with eczema can result in significant medical consequences, increased negative clinical and social outcomes and literally thickened skin.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"38 1","pages":"174-195"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142677974","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":"37 2","pages":"162-186"},"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