American Journal of Law & Medicine最新文献

Health Care Corporatization as a Catalyst for Wellness Legal Partnerships. 保健公司化作为健康法律伙伴关系的催化剂。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10067

Barbara J Zabawa

引用次数: 0

Statutory Thickets and Drug Shortages: Accumulating Legislation as an Underlying Cause. 法定丛林与药物短缺：累积立法是根本原因。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10065

Jonathan J Darrow, Erin R Fox, Timo Minssen

{"title":"Statutory Thickets and Drug Shortages: Accumulating Legislation as an Underlying Cause.","authors":"Jonathan J Darrow, Erin R Fox, Timo Minssen","doi":"10.1017/amj.2025.10065","DOIUrl":"10.1017/amj.2025.10065","url":null,"abstract":"Over the past three decades, the U.S. health care system has experienced numerous shortages of commonly-used older medicines that are both off-patent and inexpensive. Commentators seeking to explain shortages have often pointed to manufacturing quality and low profit margins as principal causes. These proximate causes, however, do not explain why there was a sudden and dramatic increase in shortages between 2007 and 2012, when shortages almost tripled from 154 to 456, or why they have persisted at similar levels into the 2020s despite repeated efforts to address them. This Article posits that low prices and quality problems derive from underlying shifts in the market environment, and that these shifts in turn are largely the result of Congressional legislation. The role of such well-intentioned legislation over the past fifty years is evaluated, including the 1984 Hatch-Waxman Act, the 2003 Medicare Modernization Act, the 2012 Generic Drug User Fee Act, and the 2015 Bipartisan Budget Act. The analysis reveals these laws have inadvertently squeezed profitability out of the generic drug market and thereby served as a true root cause of many drug shortages. Also considered are the potential effects on drug shortages of more recent legislation, including the 2021 American Rescue Act Plan and the 2022 Inflation Reduction Act.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"51 2","pages":"179-216"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145068867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

An Innovative Approach to Medical-Legal Partnership: Unauthorized Practice of Law Reform as a Civil Justice Pathway in Patient Care. 医疗-法律伙伴关系的创新途径：作为患者护理民事司法途径的未经授权的法律改革实践。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10068

Cayley Balser, Stacy Rupprecht Jane, Antonio M Coronado

{"title":"An Innovative Approach to Medical-Legal Partnership: Unauthorized Practice of Law Reform as a Civil Justice Pathway in Patient Care.","authors":"Cayley Balser, Stacy Rupprecht Jane, Antonio M Coronado","doi":"10.1017/amj.2025.10068","DOIUrl":"10.1017/amj.2025.10068","url":null,"abstract":"This Article discusses the design of an innovative approach to the traditional medical-legal partnership. This potentially transformative service model proposes the use of unauthorized practice of law (UPL) reform to embed civil legal problem solving within a patient care setting. Unlike in the traditional medical-legal partnership - a service model which embeds lawyers within patient care settings to address patients' justice needs - we explore the promise of patient advocacy through community-based justice workers (CBJWs): members of the community who are not lawyers but who have specialized legal training and authorization to provide civil legal help to those who need it most. This work is the result of a partnership between Innovation for Justice, a social justice legal innovation lab housed at both the University of Arizona James E. Rogers College of Law and the University of Utah David Eccles School of Business, and University of Utah Health. The present framework for UPL-reform-based medical-legal partnerships was developed through robust community-engaged research and design work across the 2022-23 academic year. This article discusses the research findings and proposes a framework for replication in other jurisdictions.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"51 2","pages":"286-312"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12440705/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145068870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Insular Cases Revisited: Guam, Federal Medicaid Funding, and Constitutional Subordination. 岛屿案例重访：关岛、联邦医疗补助基金和宪法从属关系。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10072

Dillon Kim

引用次数: 0

A BRIDGE TOO FAR: Practice Guidelines in the New ALI Medical Malpractice Restatement - ERRATUM. 桥过远：在新的阿里医疗事故重述的实践指南-勘误。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10064

Larry S Stewart, Robert S Peck

引用次数: 0

Adjudicating Credibility: Documenting the Role of Mental Health Immigration Forensic Assessments. 裁定可信度：记录心理健康移民法医评估的作用。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10066

Alea Skwara, Sharon Howard, Carmen Velazquez, Raquel Aldana

引用次数: 0

Money, Solidarity, and Half a Century of Health Reform. 金钱、团结和半个世纪的医疗改革。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10069

William M Sage

{"title":"Money, Solidarity, and Half a Century of Health Reform.","authors":"William M Sage","doi":"10.1017/amj.2025.10069","DOIUrl":"10.1017/amj.2025.10069","url":null,"abstract":"This essay explores central aspects of the relationship between money and national health policy from the passage of Medicare in 1965 to the present, including the two most sweeping attempts at system reinvention during that period: the Patient Protection and Affordable Care Act of 2010 (ACA), and the failed Health Security Act of the early 1990s. Its point is not that ethical professionalism has prevailed, though it survives on the skill and dedication of nurses, physicians, and other health care workers. Rather, its point is that one should not criticize the morality of change without interrogating the morality of the status quo. In the 1990s, Jerome Kassirer wrote that \"a system in which there is no equity is, in fact, already unethical.\" The same can be said for a system that overfunds medical care and underfunds other essential social investments, including education. A system that, moreover, cannot be justified by the limited morality of competition in the marketplace because it does not - and could not absent radical change - perform as a functioning market would. In terms of robust market competition with its winners and losers, U.S. health care has been, at worst, a sheep in wolf's clothing.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"51 2","pages":"314-336"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145068823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Editor's Note re: Additional Reflections from Health Law Celebration. 编者注：《卫生法庆典》的其他感想。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10073

Anderson Riddick, Ruth Kachatorian

引用次数: 0

The Viral Spread of Health Care Financialization: Big Finance, Big Data, and Big Law. 医疗保健金融化的病毒式传播：大金融、大数据和大法律。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10071

Barry R Furrow

引用次数: 0

The Government Built It, and the Private Sector Came: For-Profit Health Care, Government Support, and the Road from Public Service to Private Equity. 政府建立了它，私营部门来了：营利性医疗保健，政府支持，以及从公共服务到私募股权的道路。

IF 0.6 4区社会学

American Journal of Law & Medicine Pub Date : 2025-07-01 Epub Date: 2025-09-16 DOI: 10.1017/amj.2025.10070

Arnold J Rosoff, Robert I Field, Anthony W Orlando

{"title":"The Government Built It, and the Private Sector Came: For-Profit Health Care, Government Support, and the Road from Public Service to Private Equity.","authors":"Arnold J Rosoff, Robert I Field, Anthony W Orlando","doi":"10.1017/amj.2025.10070","DOIUrl":"10.1017/amj.2025.10070","url":null,"abstract":"The catchphrase \"if you build it, they will come,\" from the movie \"Field of Dreams,\" described an audacious plan to build a small baseball stadium in a remote cornfield. It could also describe the government infrastructure which has drawn in the ever-growing American health care business sector. A series of increasingly complex and expensive programs, first launched just after World War II, continue to provide essential funding and regulatory support for a multitude of private companies that have revolutionized medical care and, in the process, built an industry that represents more than 18% of the country's economy. This parade of programs includes the Hill-Burton Act of 1946, Medicare and Medicaid in 1965, the initiation of the Human Genome Project in 1990, and 2010's Patient Protection and Affordable Care Act, all of which created platforms on which private entities rely to provide medical services and products. In the process, these private entities have made and continue to generate substantial profits. And while many of them have improved public wellbeing dramatically, many have also degraded the system's integrity through fraud and anticompetitive behavior. In its role of keeping this huge and essential private enterprise on track, health law has become an indispensable part of the system, with health lawyers serving as the foundation of its effective operation.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"51 2","pages":"337-351"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12440706/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145068802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0