Journal of law and health最新文献_第2页

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

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Addressing Health-Related Social Needs with Innovative Healthcare Spending. 通过创新医疗支出解决与健康相关的社会需求。

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

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

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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

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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

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":"37 3","pages":"225-248"},"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