American Journal of Law & Medicine最新文献

{"title":"The Validity Measurement of Murder using Model Penal Code of Statutory Codes and Common Law Jurisdiction based on Heidegger’s Theory of Truth","authors":"Z. Llarena","doi":"10.47672/ajl.1432","DOIUrl":"https://doi.org/10.47672/ajl.1432","url":null,"abstract":"Purpose: Heidegger’s philosophy of truth is a critical revelation concerning criminalization. The idea of truth has been a long series of debates among scholastic artworks since the idea of man’s interactions cannot be extrapolated to knowledge-seeking existence. Hence, evidence law, pertaining to types of killings, such as degrees of murder, with depraved heart killings of another, based on statutory codes and murder from common law jurisdiction, have elements for evaluation of its severity of criminal offense subject to punishment based on Model Penal Code. Although centuries have passed, erudite articulation of these issues led to development of questions, like ‘what are the elements of murder crucial for unlawful perpetration?’, ‘what are the arguments concerning exact copy of legal instruments?’ or ‘what must be the facts needed to make it essential for validity of measurement concerning crime perpetration of murder?’, for tools of becoming. \u0000Methodology: This article asserts that when the concept of truth, known as Aletheia (disclosure), is applied to criminal law, there must be three repercussions for this truth characterization. First, Aletheia is not restricted to propositions resulting to discovery of its various forms depicting Being-in-the-World. Second, the idea of truth does not only involve a substance for language and thought, but also exposure of factual materials. Lastly, Aletheia simultaneously reveals, and hides planned occasions constantly discussing that the truth is always a becoming process, a series of returning existence. \u0000Findings: Every discussion of truth in murder, under criminal law, has the tendency to create another intricate philosophical issue. The three exceptional principles of truth, namely, correspondence, coherence, and pragmatic theories, are deemed to be inadequate in resolving the questions on proof of facts as mentioned due to issue of existence. \u0000Recommendation: The theory of Heidegger suggests that we must rely on ancient Greek concept of ‘unconcealment.’ Upon this validation, this paper applies critical assessment to reveal the concept of truth, seeking justice based on proof of facts involving crime perpetration of murder constituting Heidegger’s opinions and judicial decisions. Heidegger’s truth is designed to Dasein (existence) as for being. The philosopher believes in the existence of truth due to exposure of its existence, hence, the Australian Legal System serves as the common ground in formulating laws based on legal theories as legislative framework pre-emptive to constitutional law towards application of its legal practice and regulatory policies to be in harmony set for amendments of constitutional gaps in terms of applying the critical assessment of Heidegger to other comparative laws based on political agendas for monetary success. \u0000 ","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"56 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78809053","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}

{"title":"The Jurisprudence of Patentable and Non-patentable Inventions: Nigerian in Perspective","authors":"Mary Imelda Obianuju Nwogu","doi":"10.47672/ajl.1369","DOIUrl":"https://doi.org/10.47672/ajl.1369","url":null,"abstract":"Patent is an industrial property right granted by the government of a state to a patentee. It is an intangible, incorporeal and exclusive right granted under the Law to an invention. While an invention is something that has never been made or existed before. Patents are granted to inventions, but not every invention qualify for grant of patent, hence there are patentable and non-patentable inventions. An invention is patentable if it is new, results from an inventive activity and is capable of industrial application (s.1(1) of the Patent and Designs Act 2004). Several textbooks, case laws, statutes(local and International), internet sources  reveal that Nigerian legislation inadequately granted patent to inventions, wherein it did not grant patent to some inventions which International intellectual property regime stated patent should be granted. The Laws of developed countries like USA have wider protection of inventions than Laws of developing countries like Nigeria. Hence the Nigerian Law is narrow in the inventions that should be patentable as against the International Intellectual Property Regime. \u0000 ","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"13 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90114087","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}

{"title":"CVS Health's Acquisition of Oak Street Health Reconfirms Market Viability of Private Equity Investment in Value-Based Payment Models for Primary Care.","authors":"Andrew Grant","doi":"10.1017/amj.2023.20","DOIUrl":"https://doi.org/10.1017/amj.2023.20","url":null,"abstract":"<p><p>For over a decade and for the foreseeable future, federal agencies have made efforts to promote value-based care through various incentive schemes, such as the recent \"Regulatory Sprint to Coordinated Care.\" Federal incentive schemes and other \"macro tailwinds\" have brought in private equity investors, especially in the context of primary care for Medicare beneficiaries. Oak Street Health and its private equity backers were pioneers in this space, applying buy-and-build strategies to create \"next-generation\" primary care networks \"that focus largely or entirely on Medicare Advantage enrollees.\" Although Oak Street Health persuasively established a workable \"playbook\" for private equity investment in value-based care, and forecasts have been favorable, the ultimate market viability of this value-based playbook hinges on whether or not private equity investors can locate corporate buyers. The market viability of such a strategy has now been reconfirmed by the acquisition of Oak Street Health by CVS Health (\"CVS\"), announced February 8, 2023, and closed May 2, 2023, especially given that the incentives and the efficiencies associated with this deal are likely to be applicable to large-scale vertically integrated \"payvider\" corporations more generally. This Recent Transaction Comment examines CVS's acquisition of Oak Street Health to consider what factors might lead vertically integrated health care corporations to acquire value-based primary care networks in the future, and what knock on effects such acquisitions might have on future private equity buyouts in health care.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"120-127"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10070109","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}

{"title":"Legitimacy of Cost Concern for Health Insurance Coverage of Gender-Affirming Surgeries: Comparison of the Interest in Keeping Insurance Cost Down versus the Cost-Effectiveness of Including Gender-Affirming Surgeries in Employer Health Insurance Plans.","authors":"Angelo Atangan","doi":"10.1017/amj.2023.18","DOIUrl":"10.1017/amj.2023.18","url":null,"abstract":"<p><p>This RCD discusses the recent development in Lange v Houston County. In this case, the United States District Court for The Middle District Of Georgia Macon Division found that an Exclusion Policy, prohibiting health insurance coverage of gender-affirming surgery for an employee, Anna Lange, violated Title VII of the Civil Rights Act. On appeal, the Defendants argued that the District Court erred in its decision and relied on the cost burden of gender-affirming surgery as one of their defenses. This RCD highlights that cost is a common defense tactic used by defendants in these cases. However, the author argues that these concerns are unfounded and meritless given the cost-effectiveness of including gender-affirming surgeries in health insurance plans, as highlighted in the RCD.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"102-111"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051284","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}

{"title":"Eating Disorders and Our Youth: Aggressive Action Must be Taken to Ensure Parity.","authors":"Madeline Reyes","doi":"10.1017/amj.2023.17","DOIUrl":"10.1017/amj.2023.17","url":null,"abstract":"<p><p>Eating disorders are one of the most common chronic illnesses among adolescents. Yet, our current framework for mental health care provides limited education, access to care, and support for adolescents suffering from this disease. The enactment of key legislation and federal guidance such as the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) is evidence that there are steps being taken to ensure the removal of barriers to care. However, eating disorders are often overlooked as a category of behavioral disorders. This paper analyzes the current legal and social framework for providing care and support to adolescents suffering from eating disorders. In doing so, it offers recommendations to develop stronger protective and responsive measures to ensure access, support, and care to these individuals.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"81-101"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051285","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}

{"title":"The Case Against Race-Based Quotas in Pharmaceutical Trials.","authors":"Michael Conklin","doi":"10.1017/amj.2023.13","DOIUrl":"https://doi.org/10.1017/amj.2023.13","url":null,"abstract":"<p><p>This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining race and scientific investigation. It next examines the cautionary tale of BiDil, the first drug authorized by the U.S. Food and Drug Administration (FDA) for use in only Black people. The third part of the Article sets forth the arguments against racial quotas. The fourth part provides legal analysis of these arguments, concluding that racial quotas in pharmaceutical trials likely would not satisfy the strict scrutiny standard for two independent reasons. The fifth part evaluates the alleged benefits of racial quotas and demonstrates that when properly understood they are insignificant in comparison to the disadvantages. The final part weighs the evidence to arrive at a conclusion and considers future implications.Ultimately, this Article provides a valuable framework for assessing the legal and pragmatic implications not just for pharmaceutical trial quotas but also for other racial-classification issues in health care. For example, while it presents a cumulative case against the proposed practice of racial quotas in pharmaceutical trials, many of the same arguments presented are also applicable to the currently mandated practice of acquiring and reporting racial data of pharmaceutical trial participants. It will serve as a valuable resource not only for opponents of racial quotas but also for advocates. For example, this Article provides numerous race-neutral alternatives for consideration. And the strong case against racial quotas helps facilitate a refocus of efforts away from merely ameliorating the end results of health care disparities and instead targeting the root causes. Evidence suggests that this redirected focus on root causes is more effective at producing positive change. In this way, rejecting these quotas is not in conflict with addressing health disparities; rather, it is beneficial to it. This Article will hopefully serve as a catalyst for future research regarding best practices on how pragmatic; legal; and diversity, equity, and inclusion considerations can synergistically exist.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"1-23"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051282","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}

{"title":"A Protected Class, An Unprotected Condition, and A Biomarker - A Method/Formula for Increased Diversity in Clinical Trials for the African American Subject with Benign Ethnic Neutropenia (BEN).","authors":"Regina Ponder","doi":"10.1017/amj.2023.15","DOIUrl":"10.1017/amj.2023.15","url":null,"abstract":"<p><p>Expanding on previous industry guidance relative to increased clinical trial diversity, while honing more exacting treatments and better ways to fight diseases that have often disproportionately impacted people of color, is a topic being discussed by multidisciplinary public health experts across the nation.This writing draws attention to the African American demographic, which is continually subject to health care disparities. Any glimpses of knowledge or medical discovery that could potentially help to redress harm or reinforce a weakened familial-cultural infrastructure should be emphasized for sanative restoration of the impacted communities. The focus of this writing is the African American cohort and its nexus to Benign Ethnic Neutropenia as the diverse target population of discussion, hoping to convey a harmonized approach in the examination of (1) the African American Benign Ethnic Neutropenia cohort within the context of basic scientific understanding, (2) the interplay of applicable governing regulatory protections, and (3) increased clinical trial participation to enlarge the pathway for increased diversity in clinical trials.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"41-58"},"PeriodicalIF":0.5,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9751667","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}

{"title":"AMJ volume 49 issue 1 Cover and Back matter","authors":"","doi":"10.1017/amj.2023.23","DOIUrl":"https://doi.org/10.1017/amj.2023.23","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"b1 - b2"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45479733","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}

{"title":"AMJ volume 49 issue 1 Cover and Front matter","authors":"","doi":"10.1017/amj.2023.22","DOIUrl":"https://doi.org/10.1017/amj.2023.22","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"f1 - f7"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44293056","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}

{"title":"Title IX's Unintended Consequences: The Female Athlete Triad and the Need for Special Treatment.","authors":"Morgan Hill","doi":"10.1017/amj.2023.16","DOIUrl":"https://doi.org/10.1017/amj.2023.16","url":null,"abstract":"<p><p>This Note examines the effects of Title IX's equal treatment framework on female collegiate athletes in the context of the female athlete triad. It describes the shortcomings of Title IX's equal treatment approach and its deleterious effects on the health of female student athletes. It argues for the adoption of the special treatment approach as a remedy.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"59-80"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051280","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}