Journal of Law and Health
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International response to Dolly: will scientific freedom get sheared?
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Legal considerations for assisted living facilities.
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Theobald v. University of Cincinnati - reforming medical malpractice in Ohio: a survey of state laws and policy impacts.
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Editors' page.
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Nursing the primary care shortage back to health: how expanding nurse practitioner autonomy can safely and economically meet the growing demand for basic health care.
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The skeleton key: will the federal health care reform legislation unlock the solutions to diverse dilemmas arising from the state health care reform laboratories?
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EMOTIONAL DISTRESS CLAIMS, DIGNITARY TORTS, AND THE MEDICAL-LEGAL FICTION OF REASONABLE SENSITIVITY.
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"DEFUNDING" THE CRIMINALITY OF MENTAL ILLNESS BY FUNDING SPECIALIZED POLICE TRAINING: HOW ADDITIONAL TRAINING AND RESOURCES FOR DEALING WITH MENTAL HEALTH WILL BE BENEFICIAL FOR ALL SIDES.
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DEATH BY DETOX: SUBSTANCE WITHDRAWAL, A POSSIBLE DEATH ROW FOR INDIVIDUALS IN CUSTODY.
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Distorted Burden Shifting & Barred Mitigation: Being a Stubborn 234 Years Old Ironically Hasn't Helped the Supreme Court Mature.
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A LEAP TO HYBRID GOVERNANCE FOR EUROPEAN UNION HEALTHCARE ON ORGAN DONATIONS.
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The Deficit Reduction Act of 2005 - reducing the number of recipients and applicants eligible to receive Medicaid benefits: a statutory analysis of the citizenship documentation requirements and proposed amendments to ease the burden on individuals and states.
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Reverse pre-empting the Federal Arbitration Act: alleviating the arbitration crisis in nursing homes.
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Mapping our future: the impact of gene patents on scientific research and health care in the United States.
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No value for a pound of flesh: extending market-inalienability of the human body.
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An incomplete pass: inadequacies in Ohio's youth concussion legislation and the ongoing risk for players.
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Reproductive justice, public policy, and abortion on the basis of fetal impairment: lessons from international human rights law and the potential impact of the Convention on the Rights of Persons with Disabilities.
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Essay: the challenge of providing adequate housing for the elderly ... along with everyone else.
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The Ohio Bureau of Workers' Compensation: an analysis of the status quo and a proposal for improvement (a medical perspective).
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Best methods for increasing medical translators for limited English proficient patients: the carrot or the stick?
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Director's duty of care to monitor information systems in HMOs: some lessons from the Oxford Health Plan.
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How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few vs. the Many.
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One and done: how Ohio's one-year, nonrenewable visiting medical faculty certificate is harming the state's economic recovery.
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Healer, witness, or double agent? Reexamining the ethics of forensic psychiatry.
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Ridicule or recourse: parents falsely accused of past sexual abuse fight back.
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Foreword.
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Beyond Washington v. Glucksberg: Oregon's Death with Dignity Act analyzed from medical and constitutional perspectives.
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Squashing the superbugs: a proposed multifaceted approach to combatting antibiotic-resistant bacteria.
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Consent to sperm retrieval and insemination after death or persistent vegetative state.
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Lines of communication: advances in stem cell policy.
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Not of woman born: how ectogenesis will change the way we view viability, birth, and the status of the unborn.
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Pushing back: protecting maternal autonomy from the living room to the delivery room.
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Through a scanner darkly: the use of fMRI as evidence of mens rea.
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Without Due Process of Law: The Dobbs Decision and Its Cataclysmic Impact on the Substantive Due Process and Privacy Rights of Ohio Women.
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Revealing your sources: the case for non-anonymous gamete donation.
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Standards-based regulation of athletic protective headgear - policy background, mechanisms and evaluation.
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Responsibilities of employers toward mentally disabled persons under the Americans with Disabilities Act.
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Elder self-neglect and adult protective services: Ohio needs to do more.
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THE PUBLIC HEALTH DEMAND FOR REVOKING NON-MEDICAL EXEMPTIONS TO COMPULSORY VACCINATION STATUTES.
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Joining a 'cult': religious choice or psychological aberration?
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How we die: a new prescription.
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Making language access to health care meaningful: the need for a federal health care interpreters' statute.
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Surrogacy and insurance: the call for statutory reform in Ohio.
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United States v. Sell: involuntary administration of antipsychotic medication. Are you dangerous or not?
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The Affordable Prescription Drugs Act: a solution for today's high prescription drug prices.
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Prohibiting procreation: a step in the right direction to protect the children of deadbeat dads; an analysis of the court decision in State v. Oakley.
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Accommodating vulnerabilities to environmental tobacco smoke: a prism for understanding the ADA.
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Shifting our focus from retribution to social justice: an alternative vision for the treatment of pregnant women who harm their fetuses.
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Health care sharing ministries: scam or solution?
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Posthumously conceived children: an international and human rights perspective.
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Shifting our focus from retribution to social justice: an alternative vision for the treatment of pregnant women who harm their fetuses.
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GERM-LINE GENE EDITING AND CONGRESSIONAL REACTION IN CONTEXT: LEARNING FROM ALMOST 50 YEARS OF CONGRESSIONAL REACTIONS TO BIOMEDICAL BREAKTHROUGHS.
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The case for flexible intellectual property protections in the Trans-Pacific Partnership.
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The tobacco industry and the First Amendment (1): an analysis of the 1998 Master Settlement Agreement.
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Conversation in My Parlor About Climate Change and the Call to Thoughtful Service by Lawyers with Disabilities.
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THE ETHICS IN SYNTHETICS: STATISTICS IN THE SERVICE OF ETHICS AND LAW IN HEALTH-RELATED RESEARCH IN BIG DATA FROM MULTIPLE SOURCES.
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A History of United States Cannabis Law.
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How Ohio v. Talty provided for future bans on procreation and the consequences that action brings: Ohio v. Talty: hiding in the shadow of the Supreme Court of Wisconsin.
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Domestic partnership benefits: Why not offer them to same-sex partners and unmarried opposite sex partners?
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Restricting access to unapproved drugs: a compelling government interest?
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INCONSISTENCY AT THE POLE: EXOTIC DANCER'S EMPLOYMENT STATUS SHOULD BE UNIFORM THROUGHOUT THE U.S.
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Community health centers: health care as it could be.
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The role of the federal government in overseeing medical research.
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Redefining stewardship over body parts.
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A novel approach to mass tort class actions: the billion dollar settlement in the Sulzer artificial hip and knee litigation: a symposium.
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Inconsistent state court rulings concerning pregnancy-related behaviors.
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Proving medical child abuse: the time is now for Ohio to focus on the victim and not the abuser.
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Save thousands of lives every year: Resuscitate the peer review privilege.
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2013-2014 Journal of Law and Health editorial board photos & bios.
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Legislation and genetic discrimination.
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SPLITTING EQUALITY: ACCESS TO GENDER-AFFIRMING CARE IN THE FOURTH CIRCUIT.(Fain v. Crouch, Kadel v. Folwell)
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Ohio's sex offender residency restriction law: does it protect the health and safety of the state's children or falsely make people believe so?
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A philosophy of privatization: rationing health care through the Medicare Modernization Act of 2003.
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COBRA continuation coverage and the plain reading of the statute: Geissal v. Moore Medical Corporation.
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Genetic discrimination: does it exist, and what are its implications?
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BRIDGING THE NCAA'S ACCIDENT INSURANCE COVERAGE GAPS? A DEEP DIVE INTO THE UNCERTAINTIES OF INJURY COVERAGE IN COLLEGE CONTACT SPORTS, AND THE IMPACT THAT HAS ON ATHLETE'S FUTURE PHYSICAL AND FINANCIAL COMFORTS.
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The stifling of competition by the antitrust laws: the irony of the health care industry.
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Pregnant women inmates: evaluating their rights and identifying opportunities for improvements in their treatment.
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The punishment of "health care fraud".
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To pay or not to pay: Medicare and the preventable adverse event: a rational decision or dangerous philosophical change?
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The doctor will e-mail you now: physicians' use of telemedicine to treat patients over the Internet.
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Electronic signatures in e-healthcare: the need for a federal standard.
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Emergency powers of the executive: the president's authority when all hell breaks loose.
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Systemic Racism, Abortion and Bias in Medicine: All Threads Woven in the Cloth of Racial Disparity for Mothers and Infants.
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Genomic medicine: the human genome project from a healthcare provider's perspective.
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Germs on a plane! Legal protections afforded to international air travelers and governments in the event of a suspected or actual contagious passenger and proposals to strengthen them.
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Taking a bite out of the harmful effects of mercury in dental fillings: advocating for national legislation for mercury amalgams.
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Political factors and enforcement of the nursing home regulatory regime.
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PRESENTATION ON ARTIFICIAL INTELLIGENCE AND DISCRIMINATION IN HEALTHCARE.
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The First Amendment and diet industry advertising: how "puffery" in weight-loss advertisements has gone too far.
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Current legal intervention regarding "experimental" treatments must be changed: an analysis of high doses of chemotherapy with autologous bone marrow transplantation for breast cancer patients.
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Presidents Adams and Jefferson, with a few others, discuss health reform with a disabled lawyer.
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Parens Patriae, Punishment, and Pandemics: The State's Responsibility for Incarcerated Persons During a Public Health Emergency.
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FACE OFF: OVERCOMING THE FIFTH AMENDMENT CONFLICT BETWEEN CYBERSECURITY AND SELF-INCRIMINATION.
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The Individuals with Disabilities Education Improvement Act: changing what constitutes an "appropriate" education.
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The misperception and misapplication of the First Amendment in the American pluralistic system: mergers between Catholic and non-Catholic healthcare systems.
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FALSE CLAIMS: THE COORDINATED EXPLOITATION OF THE UNITED STATES GOVERNMENT BY THE HEALTHCARE INDUSTRY.
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Pink slip introduction.
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The Stark physician self-referral law and accountable care organizations: collision course or opportunity to reconcile federal anti-abuse and cost-saving legislation?
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AMGEN ENABLEMENT AND ITS UNDUE BURDEN ON AN OVERBURDENED BIOMEDICAL INDUSTRY.
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A legal challenge of the Prescription Drug User Fee Act.
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Therapists' liability to the falsely accused for inducing illusory memories of childhood sexual abuse - current remedies and a proposed statute.
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Lessons taught by Miss Evers' Boys: the inadequacy of benevolence and the need for legal protection of human subjects in medical research.
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The dark side of the boom: the peculiar dilemma of government spoliation in modern False Claims Act litigation.
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Biomedical and behavioral research on juvenile inmates: uninformed choices and coerced participation.
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Beyond Nuremberg: a critique of 'informed consent' in Third World human subject research.
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Our backyard slave trade: the result of Ohio's failure to enact comprehensive state-level human-sex-trafficking legislation.
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When Governors Prioritize Individual Freedom over Public Health: Tort Liability for Government Failures.
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PARENS PATRIAE AND PARENTAL RIGHTS: WHEN SHOULD THE STATE OVERRIDE PARENTAL MEDICAL DECISIONS?
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Pee-to-park: should public high school students applying for on-campus parking privileges be required to pass a drug test?
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Is law the prescription that can cure medicine?
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Intercountry adoption: a need for mandatory medical screening.
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Lessons from Martin: the ADA and athletics don't mix.
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Rules are meant to be broken: the organ procurement and transplantation network should allow pediatric transplantation of adult lungs.
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Do not resuscitate decision-making: Ohio's do not resuscitate law should be amended to include a mature minor's right to initiate a DNR order.
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"Calling Dr. Love": the physician-patient sexual relationship as grounds for medical malpractice - society pays while the doctor and patient play.
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ERISA preemption: will the elimination of the ERISA preemption clause help or harm America's ability to death with its pending health care crisis?
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The commerce clause implications of the individual mandate under the Patient Protection and Affordable Care Act.
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CONCUSSIONS AND CONTRACTS: THE NATIONAL FOOTBALL LEAGUE'S LIMITATIONS TO PROTECTING ITS PLAYERS FROM CHRONIC TRAUMATIC ENCEPHALOPATHY.
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Can compulsory health insurance be justified? An examination of Taiwan's National Health Insurance.
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THE BELL HAS RUNG: ANSWERING THE DOOR FOR STUDENT-ATHLETE CONCUSSION ISSUES IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION.
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A healer or an executioner? The proper role of a psychiatrist in a criminal justice system.
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How MFN clauses used in the health care industry unreasonably restrain trade under the Sherman Act.
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DUE PROCESS JUNIOR: COMPETENT (ENOUGH) FOR THE COURT: The Need to Amend Ohio's Juvenile Competency Statute to Ensure that Juvenile Due Process Rights are Protected and Better Inform Judicial Discretion in Determining Juvenile Competency.
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Pharmageddon: a statutory solution to curb Ohio's prescription abuse problem.
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The right to refuse: a call for adequate protection of a pharmacist's right to refuse facilitation of abortion and emergency contraception.
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Washington v. Glucksberg: influence of the court in care of the terminally ill and physician assisted suicide.
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Harnessing the hired guns: the substantive nature of Ohio Revised Code s. 2743.43 under Article IV, section 5(b) of the Ohio Constitution.
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Medical errors: causes, cures, and capitalism.
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HIV testing in state correctional systems.
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Legislating morality progressively - the contraceptive coverage mandate, religious freedom, and public health policy and ethics.
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2005 speaker series: Dr. Joseph Rohan Lex, Jr., M.D. FAAEM the physician-pharmaceutical industry relationship.
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CONGRESS PRESCRIBES PREEMPTION OF STATE TORT-REFORM LAWS TO REMEDY HEALTHCARE "CRISIS": AN IMPROPER PROGNOSIS?
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FROM HEALTHCARE TO HIRING: IMPACTS OF SOCIAL AND PUBLIC POLICY ON DISABLED VETERANS IN THE UNITED STATES.
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Genetic testing and employment litigation.
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INSANE: JAMES HOLMES, CLARK V. ARIZONA, AND AMERICA'S INSANITY DEFENSE.
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Regional health information organizations: lower health care costs, fewer iatrogenic illnesses, and improved care - what are we waiting for?
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The liability of psychotherapists for breach of confidentiality.
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Standards and procedures for determining whether a defendant is competent to make the ultimate choice - death; Ohio's new precedent for death row "volunteers" standards.
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Reforming the safe haven in Ohio: protecting the rights of mothers through anonymity.
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'Tis better to give than to receive: charitable donations of medical malpractice punitive damages.
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A tripartite threat to medical records privacy: technology, HIPAA'S privacy rule and the USA Patriot Act.
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Reasons to eschew federal lawmaking and embrace common law approaches to genetic discrimination.
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CONTRACT REMEDIES NEED NOT UNDERCOMPENSATE ASPIRING PARENTS WHEN CRYOPRESERVED REPRODUCTIVE MATERIAL IS LOST OR DESTROYED: RECOVERY OF CONSEQUENTIAL DAMAGES FOR EMOTIONAL DISTURBANCE WHEN BREACH OF CONTRACT RESULTS IN THE LOST OPPORTUNITY TO BECOME PREGNANT WITH ONE'S OWN BIOLOGICAL CHILD.
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More hippocrates, less hypocrisy: "early offers" as a means of implementing the Institute of Medicine's recommendations on malpractice law.
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Dying to wait: how the Abigail court got it wrong.
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Mr. Peanut goes to court: accommodating an individual's peanut allergy in schools and day care centers under the Americans with Disabilities Act.
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A framework for analysis of ERISA preemption in suits against health plans and a call for reform.
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HIPAA as an evidentiary rule? An analysis of Miguel M. and its impact.
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Striking the soda ban: the judicial paralysis on the Department of Health.
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Ohio's "aggressive" attack on medical identity theft.
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CATALYST PHARMS., INC. V. BECERRA: WHEN THE FOOD AND DRUG ADMINISTRATION REPEATEDLY IGNORES THE PLAIN LANGUAGE OF THE ORPHAN DRUG ACT (ODA).
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'Circumcision' or 'mutilation'? Voluntary or forced excision? Extricating the ethical and legal issues in female genital ritual.
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Whom would Jesus cover? A biblical, ethical lens for the contemporary American health care debate.
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What's all the headache? Reform needed to cope with the effects of concussions in football.
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Property interests in cadaverous organs: changes to Ohio anatomical gift law and the erosion of family rights.
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Physician peer review immunity: time to euthanize a fatally flawed policy.
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Off the roads & out of the courts: enter a technology fix for drunk driving.
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Neurocops: the politics of prohibition and the future of enforcing social policy from inside the body.
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The corporate profit motive & questionable public relations practices during the lead-up to the Affordable Care Act.
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Down to the felt: how Ohio's lackluster statutory scheme gambles with the lives of mothers and innocent children.
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Routine patient care in clinical trials: whose cost is it anyway?
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Pitfalls in diagnosis of occupational lung disease for purposes of compensation - one physician's perspective.
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An overview of public health in the new millenium: individual liberty vs. public safety.
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Is HIV a disability under the Americans with Disabilities Act: unanswered questions after Bragdon v. Abbott.
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Constitutional classifications and the "gay gene".
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Misconceptions and misleading information prevail - less regulation does not mean less danger to consumers: dangerous herbal weight loss products.
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The food-borne ultimatum: proposing federal legislation to create humane living conditions for animals raised for food in order to improve human health.
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Mending invisible wounds: The efficacy and legality of MDMA-assisted psychotherapy in United States' veterans suffering with post-traumatic stress disorder.
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The neglect of the umbilical cord: Ohio's failure to adequately promote banking of umbilical cord blood stem cells and the need for new legislation.
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A SURGING DRUG EPIDEMIC: TIME FOR CONGRESS TO ENACT A MANDATE ON INSURANCE COMPANIES AND REHABILITATION FACILITIES FOR OPIOID AND OPIATE ADDICTION.
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A primer on organ donation.
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Defining "willful" remuneration: how Bryan v. United States affects the scienter requirement of the medicare/medicaid anti-kickback statute.
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Tax policy and the obesity epidemic.
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GRAVELY DISABLED: THE VESTIGIAL PRONG OF 5150 DESIGNATIONS.
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ON THE CONSTITUTIONALITY OF HARD STATE BORDER CLOSURES IN RESPONSE TO THE COVID-19 PANDEMIC.
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Why public health policy should redefine consent to assault and the intentional foul in gladiator sports.
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The strict Ohio Supreme Court decision in Biddle: third party law firm held liable for inducing disclosure of medical information.
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Presuming consent to posthumous reproduction.
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A death by any other name: the federal government's inconsistent treatment of drugs used in lethal injections and physician-assisted suicide.
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Capital punishment, psychiatrists and the potential "bottleneck" of competence.
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The need for parity in health insurance benefits for the mentally and physically disabled: questioning inconsistency between two leading anti-discrimination laws.
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There's no place like home: how PPACA falls short in expanding home care services to the elderly.
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Machine Learning-Based Medical Devices: the FDA's Regulation, Requirements, and Restrictions.
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Symposium: the legal and ethical implications of posthumous reproduction.
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Is there a pink slip in your genes?
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Bullies in a wired world: the impact of cyberspace victimization on adolescent mental health and the need for cyberbullying legislation in Ohio.
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The highs of tomorrow: why new laws and policies are needed to meet the unique challenges of synthetic drugs.
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PRESENTATION ON EXPLOITATION AND INDIVIDUAL AUTONOMY IN AI HEALTHCARE.
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Genetic testing and employment litigation.
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What we-re not telling law students - and lawyers - that they really need to know: some thoughts-in-action toward revitalizing the profession from its roots.
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HACKING HIPAA: "BEST PRACTICES" FOR AVOIDING OVERSIGHT IN THE SALE OF YOUR IDENTIFIABLE MEDICAL INFORMATION.
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To preempt or not to preempt: HMO liability pre and post Pegram v. Herdrich.
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Quit the botching, Ohio: exploring the flaws in the Ohio execution protocol and the need for change.
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International Law and the Legalization of Abortion in Northern Ireland.
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Progress in the challenge to regulate online pharmacies.
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A jurisprudential analysis of government intervention and prenatal drug abuse.
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Occupational risk: the outrageous reaction to HIV positive public safety and health care employees in the workplace.
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WEIRD SCIENCE: FRANKENSTEIN FOODS AND STATES AS LABORATORIES OF DEMOCRACY.
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HOMELESS AND HELPLESS: HOW THE UNITED STATES HAS FAILED THOSE WITH SEVERE AND PERSISTENT MENTAL ILLNESS.
