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":"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":"<i>Braidwood Mgmt. v. Becerra</i> & a Texas District Court's Decision to Stop Enforcement of Preventive Care Coverage Requirements under the ACA.","authors":"Sabrina Geisler","doi":"10.1017/amj.2023.19","DOIUrl":"https://doi.org/10.1017/amj.2023.19","url":null,"abstract":"<p><p>This article discusses how in March of 2023 a District Court in Texas enjoined the U.S. government from enforcing certain preventive care requirements under the ACA for private health insurers. The current order by the Court enjoined enforcement of the ACA preventive care requirements based on those recommendations made on or after the date of March 23, 2010, by the U.S. Preventive Services Task Force. This article discusses the Court's analysis and the remedy the Court decided on after finding violations under the RFRA and Appointments Clause. The article also discusses the implications and effects of this decision on whether previously covered services that the ACA didn't allow cost sharing for will now have cost sharing by private health insurers and how that will affect consumers. The article concludes that despite lack of enforcement, private health insurers should not require cost sharing for previously covered services that the ACA didn't allow cost sharing for before this most recent decision. Cost sharing for previously covered services would increase costs for those enrolled in private health insurance plans and could lead to a reduction in access to preventive services and healthcare.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"112-119"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051281","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}

{"title":"How Much Information is Enough? Understanding the Alabama Supreme Court's Expansion of the Causation Standard in Failure to Warn Claims.","authors":"Allison Herr","doi":"10.1017/amj.2023.21","DOIUrl":"https://doi.org/10.1017/amj.2023.21","url":null,"abstract":"<p><p>This RCD analyzes the Alabama Supreme Court's recent answer to two certified questions sent to the court from the Eleventh Circuit. The questions involved whether a pharmaceutical company's duty to warn included a duty to provide instructions about how to properly mitigate for warned of risks, and if the pharmaceutical company had such a duty could a plaintiff recover if their physician would have prescribed the same drug but just changed their monitoring scheme. The Alabama Supreme Court answered both questions in the affirmative, expanding the causation standard in failure to warn claims.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"128-133"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10051283","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":"COVID-19, Religious Freedom and the Law: The United States' Case.","authors":"Ryan Houser,&nbsp;Andrés Constantin","doi":"10.1017/amj.2023.14","DOIUrl":"https://doi.org/10.1017/amj.2023.14","url":null,"abstract":"<p><p>During the emergence of SARS-CoV-2 and the COVID-19 pandemic, public health officials exercised their police powers to combat the spread of the virus. The pandemic-related legal interventions adopted throughout the United States included lockdown orders and mask mandates. However, these policies and interventions meant to promote the general welfare of the public, in defense of common good, were met with legal challenges, especially in opposition to interventions' impact on the exercise of religion. This article provides a legal analysis of the policies meant to curb the COVID-19 pandemic with a focus on legislative and judiciary actions and their implications for religious freedom. Ultimately, we hope this article will help inform future legal analyses on conflicts between public health and religious freedom in the context of pandemic legal preparedness efforts.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 1","pages":"24-40"},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10070111","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}