American Journal of Law & Medicine最新文献

{"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":"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":"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}

{"title":"Development of Rotterdam Rules for Harmonisation of Legal Instruments based on Economic and Political Conditions of UNIDROIT for Renewable Energies of Carbon Emissions","authors":"Z. Llarena","doi":"10.47672/ajl.1320","DOIUrl":"https://doi.org/10.47672/ajl.1320","url":null,"abstract":"Purpose: Commercial transactions have binding obligatory and regulations that are restricted within a particular jurisdiction. However, the bill of lading for international carriage of goods must be performed and exercised resulting to extension of executory principles based on International Commercial Contracts (UNIDROIT) with a particular focus of interest on renewable energies for corporate economic goals towards sustainable development. This paper aims to develop statutory interpretation, based on Rotterdam Rules, to show the relationship between waste to energy technology and sustainable development. This helps in illustrating environmental tax for carbon emissions of energy management based on life cycle of drugs. \u0000Methodology: Life cycle of drugs involves contractual agreements pertaining to sustainable development and waste to energy technologies. Its carbon emissions must be properly controlled and diverted to renewable energies in order to fulfill the economic success and political safety of sustainable development. The carriage of goods by sea involves legal instruments, such as Hamburg, Hague, and Hague-Visby Rules under principles of International Commercial Contracts (UNIDROIT). Rotterdam Rules covers a broader spectrum and more substantial elements of regulatory functions encompassing Hague, Hague-Visby, and Hamburg Rules. \u0000Findings: Development of carbon tax is a statutory interpretation for economic success of the company towards philanthropic sustainable development in relation to public interests of human rights. Rotterdam Rules developed a means to enforce the substantial elements for validity of Hague, Hague-Visby, and Hamburg Rules in terms of carbon emissions for renewable energies based on sustainable development goals. Hence, the waste to energy technology provided a means of interpreting their economic progress in relation to law of the environment comparable to another jurisdiction. \u0000Recommendation: In order to achieve economic and political stability, there must be a functional equivalence between waste to energy technology and sustainable development, hence, carbon emissions from commercial transactions of International Carriage of Goods must not serve as an impediment to economic success based on laws of the company and the environment, thus, it must fulfill the goals of political sustainable development resulting to renewable energies.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"18 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78954937","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 Role of the Justice Sector Stakeholders in Curbing the Menace of Sexual and Gender Based Crisis in Nigeria","authors":"J. A. M. Agbonika, J. San","doi":"10.47672/ajl.1310","DOIUrl":"https://doi.org/10.47672/ajl.1310","url":null,"abstract":"Purpose: This paper examines the role of justice sector stakeholders in Nigeria in curbing the menace of sexual and gender based crisis in Nigeria. Gender-based violence (GBV), is one of the oppressive forms of gender inequality posing a fundamental barrier to the equal participation of women and men in social, economic, and political spheres. Acts of gender-based violence affect the lives, health and wellbeing of millions of women, girls, boys and men worldwide. Gender-based violence takes place in all societies and all cultures. It includes female genital mutilation, female infanticide, child marriage, physical abuse, sexual harassment, mental or economic harm inflicted on a person because of socially ascribed power imbalances between males and females. Lack of access to justice institutions and mechanisms contribute to culture of impunity for violence and abuse. Girls and women may also experience gender-based violence when they are deprived of nutrition and education. Gender based crimes are grossly under-reported, especially when it is against the male folks and within a family setting or close affinity environment. While it is widely believed that women are much more likely than men to be killed by their intimate partners or family members, as a result of GBV, the nature of deaths when it involves men (excessive brutality, mutilation of diseased body, poisoning) is beginning to cast aspersion on that assumption. \u0000Methodology: The doctrinal research was used in carrying out this research. Both secondary and primary sourced materials such as textbooks, journals, internets, case laws etc. were used. \u0000Findings: Finding revealed that the gaps in criminal law and procedure, gender stereotypes, victim blaming, non-conviction of the aggressor and inadequate/inappropriate responses of the criminal justice institutions and professionals to GBV lead to secondary victimization as well as the likelihood of use of self-help. \u0000Recommendation: To address these, advocacy message should be directed to the perpetrators. Religious leaders, traditional rules, lawyers, media houses, Civil Society Organisation among others are enjoined to take proactive measures in addressing this menace.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"140 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73273787","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":"Appraisal of the Jurisdictional Issues Confronting Prosecutors of Tax Related Disputes and Constitutional Bottlenecks","authors":"J. A. M. Agbonika, Josephine A. A. Agbonika San","doi":"10.47672/ajl.1309","DOIUrl":"https://doi.org/10.47672/ajl.1309","url":null,"abstract":"Purpose: This paper examines the jurisdictional issues confronting tax enforcements, prosecution and other related issues. Jurisdiction over taxes administered at both the federal and state levels is determined by the legal personality of the taxpayer and place of residence for individuals. The Federal High Court, State High Courts and Tax Appeal Tribunal are vested with jurisdiction to hear and determine tax disputes. The Tax Appeal Tribunal is vested with jurisdiction to hear disputes arising from the operations of the Federal Inland Revenue Service. Tax disputes can be commenced either by the taxpayer or by the relevant tax authority. In practice, administrative channels within the relevant tax authority are usually the first step for resolution of tax disputes. Unresolved disputes proceed to the Tax Appeal Tribunal or Federal High Court, or where the tax is a State tax, to the State high court. The doctrinal research was used in carrying out this research. \u0000Methodology: Both secondary and primary sourced materials such as textbooks, journals, internets, case laws etc. were used. \u0000Finding: Finding reveals that there have been jurisdictional controversies confronting the constitutionality of TAT decision as well as the regular courts causing serious bottleneck for tax prosecutors. \u0000Recommendation: It is recommended that in order to ensure tax compliance, effective resolution of tax disputes and proper administration of tax system, the issue of jurisdiction must be clearly spelt out.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"28 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90845767","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":"Preventive Care: Improving Health of Medicare, Medicaid, and Children's Health Insurance Program Patients Through Access to Fresh Fruit and Vegetables.","authors":"Weston McClain","doi":"10.1017/amj.2023.2","DOIUrl":"https://doi.org/10.1017/amj.2023.2","url":null,"abstract":"<p><p>Diet is the number one risk factor for deaths in the United States. Members of marginalized and impoverished communities particularly struggle to afford nutritious food. Poor diets result in health disparities along socio-economic, age, racial, ethnic, indigenous, rural, and urban lines. Despite the ever-growing social and financial burden of diet-related chronic diseases, the U.S. has failed to invest in health care-related dietary policy. This Article proposes produce prescriptions as a national dietary preventive medicine program through Medicare, Medicaid, and the Children's Health Insurance Program (CHIP).Recently, nonprofits, governments, and health care providers have designed innovative produce prescription programs to combat diet-related chronic diseases. In these programs, clinical providers can prescribe subsidized fruit and vegetables to patients. Produce prescriptions empower patients by making dietary change affordable and by motivating patients to improve their health. Numerous studies, pilot projects, and local programs demonstrate that produce prescriptions can improve health care outcomes for individuals from diverse communities. Most at-risk members of our society receive health coverage through Medicare, Medicaid, or CHIP. This Article analyzes how to scale up produce prescriptions within these programs using law and policy.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"343-379"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9314746","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":"Puerto Rico's Attempts to Address a Public Health Crisis Struck Down by the United States Court of Appeals for the First Circuit.","authors":"Minji Kim","doi":"10.1017/amj.2023.10","DOIUrl":"https://doi.org/10.1017/amj.2023.10","url":null,"abstract":"<p><p>This RCD discusses a recent decision by the United States Court of Appeals for the First Circuit that struck down Puerto Rico's Act 90-2019, which aimed to regulate pay structures for Medicare Advantage insurers in Puerto Rico. The court found that the provision in Act 90, known as the \"Mandated Price Provision,\" is preempted by federal law. However, the author argues that the court's decision did not adequately consider the congressional intent of the Medicare Advantage Act in weighing the public health crisis in Puerto Rico. The RCD provides background on the Medicare Advantage program and Act 90 and explains how Act 90 aimed to eliminate insurers' practice of paying providers at rates below the CMS's minimum reimbursement rates under the traditional Medicare program. The article concludes that the court's decision inadequately considered the larger purpose of the Medicare Advantage Act and the relevant public health crisis in Puerto Rico.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"481-486"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9309580","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 48 issue 4 Cover and Front matter","authors":"","doi":"10.1017/amj.2023.12","DOIUrl":"https://doi.org/10.1017/amj.2023.12","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"f1 - f7"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47891605","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":"Pelvic Exam Laws in the United States: A Systematic Review.","authors":"Mihael Plantak,&nbsp;Scott M Alter,&nbsp;Lisa M Clayton,&nbsp;Patrick G Hughes,&nbsp;Richard D Shih,&nbsp;Monica Mendiola,&nbsp;Joshua J Solano","doi":"10.1017/amj.2023.4","DOIUrl":"https://doi.org/10.1017/amj.2023.4","url":null,"abstract":"<p><p>Laws regulating patient care are an essential component of protecting patients and doctors alike. No studies have previously examined what laws exist regarding pelvic examinations in the United States (US). This study systematically reviews and compares regulation and legislation of pelvic examinations in the U.S. and provides a comprehensive resource to educate clinicians, patients, and lawmakers. Each of the fifty States in the U.S. was included. The primary outcome was existence of any pelvic or rectal exam laws. Data was obtained for the type of examination defined within the law, exceptions to the law, to whom the law applied to, the type of consent required, and to whom the consent applied to. Laws were identified from each of the individual state legislative websites. All sections of each law pertaining to pelvic examination were reviewed and organized by state. Descriptive statistics were performed for each of the variables, including frequencies of each amongst the fifty states. State regulation for pelvic examinations varied from no law or regulation to laws pertaining to pelvic, rectal, prostate, and breast examination performed in any context. As of November 22, 2022, there are twenty states (40%) with pelvic examination laws applying to anesthetized or unconscious patients. Thirteen additional states (26%) have proposed pelvic exam laws. Seventeen states (34%) do not have any laws regarding pelvic examinations. Regulation of pelvic examinations has become an increasingly important issue over the past few years in response to growing concerns of patient autonomy and the ethical issues raised by such sensitive examinations. While pelvic examination laws that balance protection for patient autonomy and the needs of caregivers and educators exist in much of the U.S., more work needs to continue in consultation with physicians and health care providers to ensure that all states have reasonable laws protecting the autonomy of patients while also maintaining quality of care.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"412-419"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9314749","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}