Indiana health law review最新文献_第2页

The Safe Harbor of 35 U.S.C. § 271(e)(1): The Costly Confusion About the Scope of "Patented Invention" 《美国法典》第35卷第271（e）（1）节的安全港：对“专利发明”范围的代价混淆

Indiana health law review Pub Date : 2023-03-03 DOI: 10.18060/27183

Abraham Phillips

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Under-treatment of Pain in Black Patients: A Historical Overview, Case-based Analysis, and Legalities as Explored Through the Tenets of Critical Race Theory 黑人患者的疼痛治疗不足:历史概述，基于案例的分析，以及通过批判种族理论原则探索的合法性

Indiana health law review Pub Date : 2023-03-03 DOI: 10.18060/27180

M. H. Habib

{"title":"Under-treatment of Pain in Black Patients: A Historical Overview, Case-based Analysis, and Legalities as Explored Through the Tenets of Critical Race Theory","authors":"M. H. Habib","doi":"10.18060/27180","DOIUrl":"https://doi.org/10.18060/27180","url":null,"abstract":"Pain, also called the “fifth vital sign” is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when compared to White patients with similar pain levels. This Article utilizes Critical Race Theory to examine the understudied issue of under-treatment of pain in Black patients. It discusses the story of a real patient, Jacqui, who was under the medical care of the author. It examines her unfortunate experiences with poor pain management throughout different stages of her life, including a blood disorder as a child with, a traumatic arm fracture as a teen, during childbirth, and finally, later in life with advanced cancer. Three points are addressed in this Article: first, a discussion of Jacqui’sexperiences, and an analysis of those experiences through the available clinical data. This Article reveals the extent to which Black patient’s pain is undertreated, and how it led Black patients to mistrust our healthcare system. Second, the Article explores malpractice based legal analyses to these issues based on federal and state legislation. Third, various proposals to correct various systemicdiscrepancies in medical-education and clinical settings to minimize such racial biases in pain management are discussed. It concludes by talking about the final part of Jacqui’s clinical journey.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43007977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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America's Favorite Stimulant: An Argument for FDA Regulatory Control Over Caffeinated Products Labeled as Dietary Supplements Under the FDCA 美国最受欢迎的兴奋剂：美国食品药品监督管理局对根据FDCA标记为膳食补充剂的含咖啡因产品进行监管的争论

Indiana health law review Pub Date : 2023-03-03 DOI: 10.18060/27182

Jacob O'Donnell

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Defending Disabilities: How Indiana Should Approach Adjudication and Punishment of Individuals with Intellectual Disabilities in Sexual Crimes 捍卫残疾:印第安纳州如何对待性犯罪中智障人士的判决和惩罚

Indiana health law review Pub Date : 2023-03-03 DOI: 10.18060/27181

Evan Golightly

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The Splintered Mind and Path to a Healed Society: The State of Indiana Should Mandate Cognitive Behavioral Therapy for Domestic Violence Batterers 破碎的心灵和通往愈合社会的道路:印第安纳州应该强制对家庭暴力施暴者进行认知行为治疗

Indiana health law review Pub Date : 2023-03-03 DOI: 10.18060/27184

Nermy J. Winner

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Health & Justice: How Misconduct Commissions Revived COVID Protocols Through Judicial Discipline 健康与司法：不当行为委员会如何通过司法纪律恢复新冠肺炎协议

Indiana health law review Pub Date : 2022-07-08 DOI: 10.18060/26410

Marcus Alan McGhee

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Dairy Beloved: Why Indiana Should Stop Labeling Plant-Based Beverages as "Milk" Dairy Beloved:为什么印第安纳州应该停止将植物饮料标记为“牛奶”

Indiana health law review Pub Date : 2022-07-08 DOI: 10.18060/26411

Brooke M. Behrens

{"title":"Dairy Beloved: Why Indiana Should Stop Labeling Plant-Based Beverages as \"Milk\"","authors":"Brooke M. Behrens","doi":"10.18060/26411","DOIUrl":"https://doi.org/10.18060/26411","url":null,"abstract":"While waiting in line at your favorite local coffee shop, you hear a barista yell out “I have a medium iced, sugar-free vanilla latte with soy milk for Megan!” Shortly after, you overhear the man in front of you order a “large hot chocolate with coconut milk, hold the whipped cream.” All the while, you are scanning the menu on the wall, debating whether you want almond or oat “milk” in the caramel macchiato you are about to order. Despite the differences between these drinks, they all have one thing in common – none of them are milk. The market of non-dairy alternatives in the grocery store or at the local coffee shop seems to be growing by the day. Beyond the traditional nonfat and whole milk options that have been around for decades, beverages made out of soy, almonds, rice, cashews, coconut, oats, hemp, hazelnuts, macadamia nuts, flax, peanuts, tiger nuts, walnuts, spelt, quinoa, and even peas, line the shelves of supermarkets across the world. If a shopper does not know what they are looking for, it is easy to see how confusing the milk market has become. To add to the issue, these non-dairy alternatives are more often than not found in the same type of carton or bottle as traditional cow’s milk and are sometimes even on the same shelves. If a buyer is uninformed about what a product touting the label “almond milk” really means, he may not realize the vast differences that exist between what he is about to buy and what he is probably expecting. These differences include taste, smell, color, overall flavor, consistency, functional properties, and even shelf life. The most impactful, and potentially detrimental, difference is the","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Medicaid: A Safety Net for the "Wealthy" 医疗补助:“富人”的安全网

Indiana health law review Pub Date : 2022-07-08 DOI: 10.18060/26413

R. East

{"title":"Medicaid: A Safety Net for the \"Wealthy\"","authors":"R. East","doi":"10.18060/26413","DOIUrl":"https://doi.org/10.18060/26413","url":null,"abstract":"At a time when the cost of long-term nursing home care is exceptionally high, most older middle-class Americans are struggling to foot the bill for the care they require. For wealthy Americans, on the other hand, this is a time of opportunity. Medicaid is a public assistance program initially intended to be a safety net for the truly needy, i.e., the individuals with low income and the medically needy. However, Medicaid has become the primary payer for long-term care in the United States despite its intended role as a “safety net.” Due to medical technology advancements and increases in life expectancy, long-term care has become so expensive that only a few can afford it. Those facing a lengthy nursing home stay have two choices: deplete their lifetime savings until they are poor enough to qualify for Medicaid or engage in Medicaid planning to protect their assets. Wealthy couples quite easily can, and do, choose the latter. As with everything in life, those with greater means have greater options. So, while the government takes measures to restrict Medicaid for the needy, members of the upper class have uncovered a slew of alternative legal strategies to qualify them for Medicaid benefits, nonetheless. During her 2011 congressional testimony, one 36-year career Medicaid eligibility supervisor provided a witness account of wealthy individuals repositioning significant resources to qualify for Medicaid:","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42272430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Racial Disparities in Mental Health Treatment: How Indiana Misses the Mark in Providing Accessible and Quality Treatment Amidst the Coronavavirus Pandemic 心理健康治疗中的种族差异:印第安纳州如何在冠状病毒大流行期间提供可获得和高质量的治疗

Indiana health law review Pub Date : 2022-07-08 DOI: 10.18060/26412

Allyson Crane

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The Intersection of Harm Reduction and Zoning Law: A Growing Divide Between NIMBYs and Public Health Initiatives 减少危害和分区法的交叉点：NIMBY和公共卫生倡议之间日益扩大的分歧

Indiana health law review Pub Date : 2022-07-08 DOI: 10.18060/26414

Gavin Hunter

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