American Journal of Law & Medicine最新文献

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Whole Woman's Health v. Jackson: One Texas Law's Procedural Peculiarities and its Monolithic Threat to Abortion Access. 整个妇女健康诉杰克逊:德克萨斯州法律的程序特点及其对堕胎准入的整体威胁。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.17
Katrina Morris
{"title":"Whole Woman's Health v. Jackson: One Texas Law's Procedural Peculiarities and its Monolithic Threat to Abortion Access.","authors":"Katrina Morris","doi":"10.1017/amj.2022.17","DOIUrl":"https://doi.org/10.1017/amj.2022.17","url":null,"abstract":"WholeWoman’sHealthv. Jackson:OneTexasLaw’s Procedural Peculiarities and its Monolithic Threat to Abortion Access — Abortion is a medically recognized1 and legally sanctioned2 form of health care in the United States. And abortion occupies a heavily trafficked sector of the U.S. health care industry: an estimated twenty-five percent of American women3 will obtain an abortion by the end of their childbearing years.4 Abortion rates trail not far behind the rates of two other extraordinarily common surgeries performed on Americans with uteruses: Caesarean sections (which occur in around thirtythree percent of birthing people)5 and hysterectomies (which have occurred in around thirty percent of all uterus-bearing people aged fifty or older).6","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"158-171"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40491556","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: 2
Dietary Supplements for Weight Loss: Legal Basis for Excise Tax and Other Government Action to Protect Consumers from a Public Health Menace. 减肥膳食补充剂:消费税的法律依据和其他保护消费者免受公共健康威胁的政府行动。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.12
Katrina Velasquez, Allison Ivie, Shanna R Fegely, Amanda Raffoul, Julia A Vitagliano, Christina A Roberto, S Bryn Austin
{"title":"Dietary Supplements for Weight Loss: Legal Basis for Excise Tax and Other Government Action to Protect Consumers from a Public Health Menace.","authors":"Katrina Velasquez,&nbsp;Allison Ivie,&nbsp;Shanna R Fegely,&nbsp;Amanda Raffoul,&nbsp;Julia A Vitagliano,&nbsp;Christina A Roberto,&nbsp;S Bryn Austin","doi":"10.1017/amj.2022.12","DOIUrl":"https://doi.org/10.1017/amj.2022.12","url":null,"abstract":"<p><strong>Purpose: </strong>Dietary supplements sold for weight loss pose a risk to public health due to deceptive claims and unscrupulous manufacturing practices in the context of weak federal regulation. Efforts to strengthen U.S. federal oversight have not been successful, thus action at the state and local levels should be explored. This study investigates proposed action to impose excise taxes on weight-loss supplements.</p><p><strong>Methods: </strong>We reviewed U.S. federal law on taxation at federal, state, and local levels and precedent for taxation of harmful consumer products to promote public health. We assessed the rationale, legal viability, and potential effectiveness of proposed excise taxes on weight loss supplements.</p><p><strong>Results: </strong>Taxation of tobacco and sweetened beverages is effective in reducing consumer use. Imposition of excise taxes on weight-loss supplements is within the authority of federal, state, and local governments, though is least politically feasible at the federal level. State or local taxation of these products has clear rationale, legal viability, and likelihood of effectiveness in reducing the public health burden posed by these products.</p><p><strong>Conclusions: </strong>Excise taxation is an effective policy intervention to reduce consumer use, particularly among youth, and is a promising public health strategy to decrease consumer exposure to noxious weight-loss supplements.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"38-53"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40491559","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: 1
AMJ volume 48 issue 1 Cover and Front matter AMJ第48卷第1期封面和封面
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.18
{"title":"AMJ volume 48 issue 1 Cover and Front matter","authors":"","doi":"10.1017/amj.2022.18","DOIUrl":"https://doi.org/10.1017/amj.2022.18","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"f1 - f6"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41793887","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
AMJ volume 48 issue 1 Cover and Back matter AMJ第48卷第1期封面和封底
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.19
{"title":"AMJ volume 48 issue 1 Cover and Back matter","authors":"","doi":"10.1017/amj.2022.19","DOIUrl":"https://doi.org/10.1017/amj.2022.19","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":" ","pages":"b1 - b1"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49314632","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
COVID-19 Vaccine Hesitancy and (Mis)perception of Risk. COVID-19疫苗犹豫和(错误)风险认知。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.13
Joanna K Sax
{"title":"COVID-19 Vaccine Hesitancy and (Mis)perception of Risk.","authors":"Joanna K Sax","doi":"10.1017/amj.2022.13","DOIUrl":"https://doi.org/10.1017/amj.2022.13","url":null,"abstract":"<p><p>This Article tackles the critical problem of COVID-19 vaccine hesitancy and provides a normative framework for legal policies to address such hesitancy in the ongoing pandemic. The foundation of this Article rests in decision-making theories that allow policymakers to understand individual misperception of risk as compared to evidence-based assessment of risk. Vaccine-hesitant individuals assign a high risk to the COVID-19 vaccine and a low risk to the disease-a perception that is disconnected from the science. The backbone of this Article is the timeline of the COVID-19 pandemic and the underlying science of the disease and vaccines. The timeline provides a factual background to demonstrate how vaccine hesitancy to the COVID-19 vaccine emerged. The instant pandemic also demonstrates changes in how individuals see themselves in society, receive information, and are persuaded by economic forces. This Article combines the individual's decision-making process with modern day variables to suggest interventions that can undo anti-vaccine damage. While the novelty of the normative framework provided herein is instructive for current COVID-19 vaccine hesitancy issues, this framework can be applied to other areas in which individual's perceptions of risk are disconnected from evidence-based assessment of risk.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"54-90"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40492067","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: 1
No Policy is an Island: Mitigating COVID-19 in View of Interaction Effects. 没有政策是孤岛:从相互作用的角度缓解COVID-19。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.11
Jan-Philip Elm, Roee Sarel
{"title":"No Policy is an Island: Mitigating COVID-19 in View of Interaction Effects.","authors":"Jan-Philip Elm,&nbsp;Roee Sarel","doi":"10.1017/amj.2022.11","DOIUrl":"https://doi.org/10.1017/amj.2022.11","url":null,"abstract":"Why are COVID-19 mitigation strategies successful in reducing infections in some cases but not in others? Existing studies of individual policies tend to neglect the many interaction effects that arise when multiple policies are enacted simultaneously. Particularly, if a socially undesirable behavior has a close (and equally problematic) substitute, then a prohibition of that behavior will simply cause people to switch to the substitute, resulting in no effect on infections. However, joint policies that prohibit both the targeted behavior and the substitute will create a positive interaction effect, which closes the loophole. Respectively, behaviors that are complements (rather than substitutes) can be discouraged by prohibiting one behavior because this discourages complementary behaviors as well. We provide a new argument for why COVID-19 policies can fail and why the evaluation of such policies may be incorrect: policies are effective only when they reduce infections as a general equilibrium, accounting not only for the targeted behavior but also for interaction effects. We illustrate our arguments by applying insights from traditional and behavioral law and economics to several examples. Thereby, we highlight regulators’ challenge when facing interaction effects and factors such as social norms and time preferences.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"7-37"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40491557","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
Self-Determined Health: Reevaluating Current Systems and Funding for Native American Health Care. 自我决定的健康:重新评估当前的系统和美国土著卫生保健资金。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.14
Olivia Meadows
{"title":"Self-Determined Health: Reevaluating Current Systems and Funding for Native American Health Care.","authors":"Olivia Meadows","doi":"10.1017/amj.2022.14","DOIUrl":"https://doi.org/10.1017/amj.2022.14","url":null,"abstract":"<p><p>For years, the federal government has failed to uphold its promises to provide health care to Native Americans. These promises are echoed in treaties, the Constitution, and judicially-created law. As a result of this breach of promise and chronically underfunding, there are significant health disparities between indigenous populations and other Americans. In a recent 2020 case, McGirt v. Oklahoma, the U.S. Supreme Court held that both the federal government and individual states must follow the terms of a treaty made with a tribe, encouraging the possibility of direct health care funding. This reform, however, means little without tribal sovereignty and self-determination, which give dignity and decisionmaking capabilities back to a group that has long been without them. This Note explores two examples of self-determination in Native American health care, the Alaskan Native health care system and the recent vaccine rollout, proposing a framework for increasing self-determination in health care to provide support for funding reform, which becomes increasingly necessary as Native Americans continue to struggle to access health care.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"91-107"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40492066","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
Increasing LGBTQ+ Access to Legal Services via Medical-Legal Partnerships. 通过医疗-法律伙伴关系增加LGBTQ+获得法律服务的机会。
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-03-01 DOI: 10.1017/amj.2022.16
Amelia Melas
{"title":"Increasing LGBTQ+ Access to Legal Services via Medical-Legal Partnerships.","authors":"Amelia Melas","doi":"10.1017/amj.2022.16","DOIUrl":"https://doi.org/10.1017/amj.2022.16","url":null,"abstract":"<p><p>This Note details and proposes a solution to the deficit in access to justice and to care faced by the LGBTQ+ community due to historical and ongoing homophobia and transphobia in both the legal and medical fields. The proposed solution is the integration of medical-legal partnerships (\"MLPs\") into LGBTQ+ resource organizations. These organizations already serve and have the trust of the queer community, which lowers one barrier to access medical and legal services for the LGBTQ+ community: mistrust and negative past experiences. MLPs are the ideal solution to this problem because they would not only allow LGBTQ+ individuals to access medical and legal services, but to receive holistic services that account for their personal circumstances as well as their physical health. Underlying this premise is the concept of social determinants of health, which are environmental and social factors that create systemic roadblocks to wellness. By creating an integrated MLP, professionals can address these social determinants head on and remedy the underlying causes of poor health. This is especially important for LGBTQ+ people whose minoritized identities often lead them to have multiple negative social determinants of health. The integration of MLPs into LGBTQ+ resource organizations would allow queer individuals to get the care they need-not just physically, but socially and environmentally.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"134-157"},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40492568","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
Visual Impairment and Human Rights 视力障碍与人权
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2022-02-18 DOI: 10.47672/ajl.929
Shomsang Elvine Bendung
{"title":"Visual Impairment and Human Rights","authors":"Shomsang Elvine Bendung","doi":"10.47672/ajl.929","DOIUrl":"https://doi.org/10.47672/ajl.929","url":null,"abstract":"Introduction: It is important to recognize the extent to which views on persons with visual impairment have changed over the years. From looking at this issue as a medical condition, it is nowadays being regarded as a human rights issue which has today been embedded into legally binding instruments at the national, regional and the international levels.\u0000Purpose: The purpose of this work is to address the human rights aspect of visual impairment, the challenges faced and to assess if the rights of persons with visual impairment are effectively enforced.\u0000Methodology: The qualitative methodology of research was used to gather information such as observation and unstructured interviews.\u0000Findings: We discovered that there is the inadequate provision of support needs to persons with visual impairment as well as inaccessibility to infrastructures.\u0000Unique contribution to theory and practice: In theory, this piece of work is beneficial to the entire academic society as it contributes to the existing body of literature. In practice, it raises awareness on the need for the promotion and protection of persons with visual impairment. As concerns policy recommendations, we tackled the Government, institutions and the Community. As one of the policy recommendations to the government in particular, we saw the need to address the fact that they should be louder on raising awareness on the existence of such rights by teaching the human rights of persons with visual impairment in educational institutions. The institutions should organise talks or conferences which will help them identify challenges these people face while the community can contribute in creating a conducive atmosphere for these people by being warm and receptive.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"5 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85020105","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 OVERVIEW OF THE PERSONAL INCOME TAX AND CAPITAL GAINS TAX REGIME IN NIGERIA 概述了尼日利亚的个人所得税和资本利得税制度
IF 0.6 4区 社会学
American Journal of Law & Medicine Pub Date : 2021-12-23 DOI: 10.47672/ajl.881
J. A. M. Agbonika, Josephine A. A. Agbonika
{"title":"AN OVERVIEW OF THE PERSONAL INCOME TAX AND CAPITAL GAINS TAX REGIME IN NIGERIA","authors":"J. A. M. Agbonika, Josephine A. A. Agbonika","doi":"10.47672/ajl.881","DOIUrl":"https://doi.org/10.47672/ajl.881","url":null,"abstract":"In Nigeria, the Personal Income Tax is a tax charged on the income of individuals and is imposed on different sources of income like labour, pensions, interest and dividends. Revenues from the Personal Income Tax constitute an important source of income for three tiers of government in Nigeria. Capital gains tax administration in Nigeria is regulated by the Capital Gains Tax Act.[1] The Act is administered by both Federal Inland Revenue Service and the States Internal Revenue Service. Federal Inland Revenue Service deals with the taxation of capital gains arising from the deposal of property by corporate entities while the State Internal Revenue deal with gains on deposal by individual sole traders. The Tax rate is 10% on capital gains. The capital gain is the difference between the sale proceeds from sale of the assets. Expenses that are incidental to the deposal are allowed as a deduction from the sales proceeds. The objective is to provide better understanding of the different ways of assessing and collection of taxes with a view to providing and ensuring improved compliance by the tax payers. The paper further examines the issues relating to persons subject to tax, resident, the key legislation governing imposition of tax in Nigeria including the authorities charged with the responsibility to administer it. In carrying out this research we adopted a theoretical framework by looking at other literature on the subject as basis for our findings and recommendations. Findings revealed that tax has positive significant impact on government revenue in Nigeria. It is therefore recommended that there should be increased tax awareness and campaign in order to enable government generate more revenue from tax to boost its gross domestic products.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"37 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78755303","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
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