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Down to the Felt: How Ohio's Lackluster Statutory Scheme Gambles with the Lives of Mothers and Innocent Children. 下到毡:俄亥俄州平淡的法定计划如何与母亲和无辜儿童的生命赌博。
Journal of law and health Pub Date : 2015-01-01
Jim Rainone
{"title":"Down to the Felt: How Ohio's Lackluster Statutory Scheme Gambles with the Lives of Mothers and Innocent Children.","authors":"Jim Rainone","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article examines three facets of the pregnant prisoner prenatal and post-birth care issue. First, it examines the injustice that pregnant prisoners are subjected to. Next, it examines other states' statutory regimes to identify adequate and inadequate features. Specifically, it examines the Pennsylvania regime because of its relevance and reputation for being the most accommodating to these women. Finally, it proposes a statutory regime for Ohio that provides mandatory care standards, means of accomplishing mandatory care, penalties for both the institution and its individual actors when care is not provided--and shows how a statutory regime without these changes puts mothers and their unborn children at risk for poor treatment, even death, like Pamela.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"29 1","pages":"126-163"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37051663","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
Striking the Soda Ban: The Judicial Paralysis on the Department of Health. 打击汽水禁令:卫生部门的司法瘫痪。
Journal of law and health Pub Date : 2015-01-01
Alana Sivin
{"title":"Striking the Soda Ban: The Judicial Paralysis on the Department of Health.","authors":"Alana Sivin","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Media coverage surrounding the New York City Department of Health's recent portion-cap on sugary beverages sold in food service establishments tends to focus on public opinions regarding the role of government. Within this dialogue, there are two camps. On one hand lies the opposition; these individuals criticize the Department of Health as a \"nanny state\" involving itself with individual consumption choices. On the other side lay the supporters who recognize the gravity of the obesity epidemic and applaud government efforts to ameliorate its effects.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"28 2","pages":"247-263"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37051664","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
Rules Are Meant To Be Broken: The Organ Procurement and Transplantation Network Should Allow Pediatric Transplantation of Adult Lungs. 规则注定要被打破:器官获取和移植网络应该允许儿童移植成人肺。
Journal of law and health Pub Date : 2015-01-01
Ciera Parish
{"title":"Rules Are Meant To Be Broken: The Organ Procurement and Transplantation Network Should Allow Pediatric Transplantation of Adult Lungs.","authors":"Ciera Parish","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This note analyzes the \"Under 12 Rule\" and advocates for its abolishment by examining the consequences and discrimination faced by children under the age of twelve since its enactment in 2005 as well as the benefits stemming from the allowance of using adult lungs for pediatric transplantation. Part II discusses the history of organ transplantation law and the current organ transplantation laws as they stand. Part III provides statistical data demonstrating the disparity between pediatric lung transplant candidates and adult lung transplant candidates. Part IV discusses the reasons for the implementation of the \"Under 12 Rule\" and analyzes the emerging study associated with the benefits of a lung transplantation using larger lungs. Part V discusses the litigation that ensued due to the \"Under 12 Rule\" and the legal arguments that were raised. Part VI proposes a new regulation for the pediatric allocation of donor lungs, and Part VII concludes this Note, advocating for the abolishment of the Organ Procurement and Transplant Network's \"Under 12 Rule.\"</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"28 2","pages":"319-346"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37051667","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
Legal Considerations for Assisted Living Facilities. 辅助生活设施的法律考虑。
Journal of law and health Pub Date : 2015-01-01
Y Tony Yang
{"title":"Legal Considerations for Assisted Living Facilities.","authors":"Y Tony Yang","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The elderly population in the United States will expand drastically over the next few decades; indeed, the number of persons aged 65 or older is expected to swell to approximately 19 percent of the nation's population by 2030--a staggering statistic in light of the fact that the present population of elderly people constitutes fewer than 13 percent. Largely because of this fact, long-term care for this population is becoming increasingly important. Traditionally, elderly persons who lost the ability to fully care for themselves would enter a healthcare facility known as a nursing home. However, a relatively new alternative exists in the form of the assisted living facility (\"ALF\"). ALFs are the fastest growing form of residential care for the elderly. Between 1998 and the present, the total number of ALFs in the United States increased from around 11,459 to nearly 40,000. This option originated as a \"market response to emerging demographic trends... and consumer demands,\" and as such, is expected to bear the brunt of the expected growth in elderly populations.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"28 2","pages":"308-318"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37051666","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
There's No Place Like Home: How PPACA Falls Short in Expanding Home Care Services to the Elderly. 没有地方像家一样:PPACA在扩大老年人家庭护理服务方面的不足。
Journal of law and health Pub Date : 2015-01-01
Nick Vento
{"title":"There's No Place Like Home: How PPACA Falls Short in Expanding Home Care Services to the Elderly.","authors":"Nick Vento","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA). In an effort to rebalance states' spending on long-term services and supports (LTSS) towards home care, PPACA created four new options under Medicaid with which states could provide home care services to their citizens. While PPACA's creation of these four optional Medicaid HCBS programs allows states more flexibility and the capability to provide enhanced home care services to its citizens, it falls short of completely addressing the existing institutional bias in Medicaid by failing to create a mandatory Medicaid state service plan for home care services. Part II describes home care workers, provides a legislative history of home care services, and outlines how Medicaid provides nursing facility care. Part III analyzes the shortcomings of PPACA's plan to improve access and delivery of home care services. Part IV proposes recommendations to better provide the elderly with reliable and affordable home care service.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"28 2","pages":"347-378"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37051668","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
Ohio's sex offender residency restriction law: does it protect the health and safety of the state's children or falsely make people believe so? 俄亥俄州的性犯罪者居住限制法:它是保护该州儿童的健康和安全，还是让人们错误地认为是这样?
Journal of law and health Pub Date : 2004-01-01
Margaret Troia
{"title":"Ohio's sex offender residency restriction law: does it protect the health and safety of the state's children or falsely make people believe so?","authors":"Margaret Troia","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"19 2","pages":"331-70"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26658070","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
The current state of advance directive law in Ohio: more protective of provider liability than patient rights. 俄亥俄州预先指示法的现状:对提供者责任的保护多于对患者权利的保护。
Journal of law and health Pub Date : 2004-01-01
Marie Ortman Tyminski
{"title":"The current state of advance directive law in Ohio: more protective of provider liability than patient rights.","authors":"Marie Ortman Tyminski","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"19 2","pages":"411-49"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26658074","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
How Ohio v. Talty provided for future bans on procreation and the consequences that action brings: Ohio v. Talty: hiding in the shadow of the Supreme Court of Wisconsin. 俄亥俄州诉塔尔蒂案是如何为未来的生育禁令提供依据的，以及诉讼带来的后果:俄亥俄州诉塔尔蒂案:隐藏在威斯康星州最高法院的阴影之下。
Journal of law and health Pub Date : 2004-01-01
Evelyn Holmer
{"title":"How Ohio v. Talty provided for future bans on procreation and the consequences that action brings: Ohio v. Talty: hiding in the shadow of the Supreme Court of Wisconsin.","authors":"Evelyn Holmer","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"19 1","pages":"141-76"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26180944","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
Theories of therapeutic evolution for juvenile drug courts in the face of the onset of the co-occurrence of mental health issues and substance/alcohol abuse. 面对精神健康问题和物质/酒精滥用共同发生的发作，青少年毒品法庭的治疗演变理论。
Journal of law and health Pub Date : 2004-01-01
David L Harvey
{"title":"Theories of therapeutic evolution for juvenile drug courts in the face of the onset of the co-occurrence of mental health issues and substance/alcohol abuse.","authors":"David L Harvey","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"19 1","pages":"177-214"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26180947","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
Neurocops: the politics of prohibtion and the future of enforcing social policy from inside the body. 神经警察:禁止的政治和从身体内部执行社会政策的未来。
Journal of law and health Pub Date : 2004-01-01
Richard Glen Boire
{"title":"Neurocops: the politics of prohibtion and the future of enforcing social policy from inside the body.","authors":"Richard Glen Boire","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Over the next decade an increasing number of new \"pharmacotherapy\" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the \"highs\" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating problem drug use. However, the tremendously politicized nature of the \"drug war\" raises substantial concerns that, in addition to those who voluntarily choose to use such medications, some people will be compelled to use them. This article concludes that in the absence of extraordinary circumstances, governmental action forcing or coercing a person to use a pharmacotherapy drug would violate a number of important legal rights. Among the rights implicated by compulsory use of pharmacotherapy drugs are the right to informed consent, the right to bodily integrity and privacy, the protection against cruel and unusual punishment, and the right to freedom of thought.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":"19 2","pages":"215-57"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26656844","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
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