HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Sunday, February 25, 2024

An Appraisal of Policy for Employment of Persons With Disabilities (PWDs)

Agha Ghulam Haider (Ministry of Federal Education and Professional Training), An Appraisal of Policy for Employment of Persons With Disabilities (PWDs) (2024):

The present paper discusses the challenges faced by people with disabilities (PWDs) in Pakistan concerning employment opportunities. PWDs have diverse impairments that affect their ability to participate in society and the workforce. However, inadequate policy implementation is a major hindrance, as existing laws meant to protect the rights of PWDs are not effectively enforced. Pakistan lacked sufficient legislation and mechanisms until 2022, despite ratifying the UN Convention on the Rights of Persons with Disabilities in 2011. Various policies have been formulated to address disability-related challenges, but their limited impact results from insufficient monitoring, evaluation, and implementation, affecting PWDs' employment prospects.

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February 25, 2024 | Permalink | Comments (0)

Saturday, February 24, 2024

Quality of Life for People with Mental Illness Employed in Extended Employment Programs in two Arab Towns in Israel: An Exploratory Study

Leena Badran (University of California), Stephen A. Rosenbaum (University of California), Arik Rimmerman (University of Haifa), Quality of Life for People with Mental Illness Employed in Extended Employment Programs in two Arab Towns in Israel: An Exploratory Study, 14 Frontiers in Psychiatry (2023):

This study aims to examine the quality of life (QOL) for people with psychiatric disabilities who are engaged in extended employment programs (homogeneous versus heterogeneous) in the Arab-populated Triangle Area of Israel. The homogeneous program participants are exclusively Arab while the heterogeneous program includes both Arabs and Jews. A quantitative research study involved 104 adults with psychiatric disabilities engaged in two communal extended employment programs. Participants completed demographic (age, gender, marital status), religion (Muslim, Jewish, Christian), dichotomous nationality variable (Jewish/Arab), years of education, and employment questionnaires. 

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February 24, 2024 | Permalink | Comments (0)

Friday, February 23, 2024

When is Age Discrimination a Human Rights Violation?

Gerald L. Neuman (Harvard Law School), When is Age Discrimination a Human Rights Violation?, Harv. Hum. Rts. J. (forthcoming):

Chronological age is a social construct that reflects physical and biological regularities as well as interactions with social structures. Legal systems commonly use chronological age in the design of rules, and they increasingly regulate the use of chronological age in governmental or social practices. Age discrimination law originated in employment law, primarily for the protection of middle-aged and older workers, before expanding in three dimensions: from employment to other fields of action, from older workers to age in general, and from “direct” (or intentional) discrimination to “indirect” discrimination (with discriminatory effect). Some of these expansions have been inadvertent or unconsidered.

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February 23, 2024 | Permalink | Comments (0)

Case Western Reserve University’s Law-Medicine Center Presents The 2024 Law-Med Conference: Cognitive Decline; 8:45AM – 4:00PM on Friday, March 1st, 2024.

Case Western Reserve University’s Law-Medicine Center Presents  The 2024 Law-Med Conference: Cognitive Decline.

As the American population ages, a growing number of people will suffer cognitive decline. Cognitive decline may affect individuals’ ability to work, drive, obtain medical care, manage their finances and engage in other activities of daily living. As cognitive decline becomes more prevalent in American Society, legal experts and policy makers will need to grapple with its implications. This conference will explore a variety of legal and policy challenges associated with cognitive decline. Topics will include medical decision-making, guardianship, cognitive decline among incarcerated individuals, family caregivers, telemedicine and much more.

 

 

 

Agenda and speaker biographies.

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Register to attend virtually or in person for the March 1st, 2024 conference.

February 23, 2024 | Permalink | Comments (0)

Thursday, February 22, 2024

Transportation Policy as Hindrance and Handmaiden of the Hundred-Year Life

Gregory H. Shill (University of Iowa), Transportation Policy as Hindrance and Handmaiden of the Hundred-Year Life (U. Iowa Legal Rsch. Paper No. 2024-01) (2024):

There are two barriers to realizing the promise of the hundred-year life in the United States. The first is that few get to live it: unlike peers in other high-income countries, the life expectancy of Americans is short. Paradoxically, however, boosting American longevity would aggravate a second problem: on important dimensions, Americans enjoy less independence in old age than their peers. These problems have something perhaps unexpected in common: a built environment that requires driving as the price of first-class citizenship. That bargain, a legacy of twentieth-century transportation and land use policy, first lops years off of life expectancy by claiming lives at disproportionately young ages and then saps independence and quality of life among the small share of Americans who are fortunate to reach very old age.

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February 22, 2024 | Permalink | Comments (0)

Imperfect Insanity and Diminished Responsibility

Lea Johnston (University of Florida), Imperfect Insanity and Diminished Responsibility, Fla. L. Rev. (forthcoming 2024):

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness. 

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February 22, 2024 | Permalink | Comments (0)

Tuesday, February 20, 2024

What Psychedelic Practitioners Can Learn from Eye Surgeons About 'Soft Furniture' Method Patent Reform

Laurel Kilgour, What Psychedelic Practitioners Can Learn from Eye Surgeons About 'Soft Furniture' Method Patent Reform (2023):

The article proposes targeted patent reform tailored to the emerging field of psychedelic facilitation, drawing parallels to historical patent disputes in the medical profession.

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February 20, 2024 | Permalink | Comments (0)

Against Silence: Why Doctors Are Obligated to Provide Abortion Information

Michelle Oberman (Santa Clara University), Against Silence: Why Doctors Are Obligated to Provide Abortion Information, 26 J. Health Care L. & Pol’y (2023):

This essay describes some of the early findings from my ongoing study of how U.S. doctors are responding to laws criminalizing the provision of abortion. After providing an overview of the research project, I will hone in on one of the most troubling findings that emerged—specifically the reluctance of clinicians to share abortion information. Once I’ve described why abortion information matters so much, particularly to vulnerable patients, I will explain why doctors are duty bound to such information. Finally, I will discuss the various fears that are leading doctors to pull back from sharing abortion information, assessing both their merit and their implications for healthcare at an individual and profession-wide level.

February 20, 2024 | Permalink | Comments (0)

Monday, February 19, 2024

Understanding Shield Laws

David S. Cohen (Drexel University), Greer Donley (University of Pittsburgh), Rachel Rebouché (Temple University), Isabelle Aubrun (Temple University), Understanding Shield Laws, J. L. Med. & Ethics (2023):

In anticipation of extraterritorial application of antiabortion laws, many states have enacted laws that attempt to shield abortion providers, helpers, and patients from civil, professional, or criminal liability associated with legal abortion care. This essay analyzes and compares the statutory schemes of the seven early adopting shield states: California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, and New York. After describing what the laws do and how they operate, we offer reflections on coming disputes, areas of legal uncertainty, and ways to improve future shield laws.

February 19, 2024 | Permalink | Comments (0)

Legally Recognizing Reproductive Coercion while Questioning Sexual Violence Exceptionalism

Jane K. Stoever (University of California, Irvine), Legally Recognizing Reproductive Coercion while Questioning Sexual Violence Exceptionalism, 51 J.L. Med. & Ethics (2023):

While sexual violence should not be the prerequisite for legal abortion, expanding definitions of abuse to include reproductive coercion can open avenues of access to abortion following the Dobbs decision. Understanding the increased danger and compounding challenges of intimate partner violence can inform legislative initiatives, healthcare responses, and movements for reproductive justice.

February 19, 2024 | Permalink | Comments (0)

Sunday, February 18, 2024

A Critical Juncture for Human Rights in Global Health: Strengthening Human Rights Through Global Health Law Reforms

Benjamin Mason Meier (University of North Carolina), Luciano Bottini Filho (Sheffield Hallam University), Judith Bueno de Mesquita (University of Essex), Roojin Habibi (York University), et al., A Critical Juncture for Human Rights in Global Health: Strengthening Human Rights Through Global Health Law Reforms, 3 PLOS Glob. Pub. Health (2023):

The 1948 Universal Declaration of Human Rights (UDHR), establishing a human rights foundation under the United Nations (UN), has become a cornerstone of global health, central to public health policies throughout the world. As the world commemorates the 75th anniversary of the UDHR on 10 December, this “Human Rights Day” celebration arrives at a critical juncture for human rights in global health, raising an imperative for World Health Organization (WHO) reforms to strengthen the right to health and health-related human rights.

February 18, 2024 | Permalink | Comments (0)

Blockchain Technology for Universal Health Coverage: A Preliminary Overview of Law and Policy

Md. Toriqul Islam (Independent University), Ridoan Karim (Monash University), Blockchain Technology for Universal Health Coverage: A Preliminary Overview of Law and Policy (Unleashing the Potentials of Blockchain Technology for Healthcare Industries) (2023):

Blockchain technology together with allied cryptocurrencies could have immense implications in both global health financing and global health equity and, eventually, contribute tremendously to universal health coverage. The Blockchain technology can ensure direct financial transactions for universal health coverage without third parties' interference, introduce novel multilateral financing options, enhance security, reduce fraud and corruption, and provide ample opportunities for free markets of health data, essential for discovery and innovation. Although blockchains present a secure, privacy-enabled, and accurate mechanism to store and exchange healthcare information and support for universal health coverage, there exist inherent dangers in the sectors that entail effective legal and regulatory measures. Additionally, there remains a significant knowledge gap encompassing the application of Blockchain technology in the universal healthcare systems, associated dilemmas, prospects, and policy options. This chapter aims to clarify the legal aspects of universal health coverage, application of Blockchain technology in diverse areas of healthcare systems, and regulatory and policy challenges along with their implications and finally, offers appropriate policy recommendations. To comprehend the relevant facts, findings, and issues, extensive literature was analyzed from both primary and secondary sources. The study employed the content analysis technique in reaching the concluding remarks by way of the authors' analysis. Finally, the findings have been demonstrated descriptively.

February 18, 2024 | Permalink | Comments (0)

Saturday, February 17, 2024

A Medical Countermeasures Platform for Future Pandemics: Essential Elements for Equity

Fifa Rahman (Health Poverty Action), Onesmus Kalama (Eastern Africa National Network of AIDS and Health Services Organization), Samantha Rick (AVAC), Arush Lal (Chatham House), et al., A Medical Countermeasures Platform for Future Pandemics: Essential Elements for Equity (Ne. Univ. Sch. Of L. Rsch. Paper No. 453) (2023):

The WHO and other stakeholders, including CSOs, are developing a medical countermeasures platform (MCP) for future pandemics. Many are concerned that this will repeat key mistakes in the global COVID-19 response. The global COVID-19 response was coordinated through the Access to COVID-19 Tools Accelerator (ACTA), which demonstrated some success, but also missteps and failures. Given the likelihood of a pandemic as serious as COVID-19 occurring in the 25 years, we unpack several reforms that are needed to increase equity in the next pandemic.

February 17, 2024 | Permalink | Comments (0)

Privacy in the Digitalized Era of Biomedical Engineering: Balancing Innovation and Individual Rights

Buddhika Munasinghe, Privacy in the Digitalized Era of Biomedical Engineering: Balancing Innovation and Individual Rights (2023):

The digitalization of healthcare and accelerated advances in biomedical engineering have transformed personal health information collection, storage, and analysis. The paper analyzes the challenges and issues related to the right to privacy in the digital era, with a particular emphasis on the field of biomedical engineering.

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February 17, 2024 | Permalink | Comments (0)

Friday, February 16, 2024

Medicare Drug Pricing Negotiations: Assessing Constitutional Structural Limits

James G. Hodge (Arizona State University), Joel Michaels (Arizona State University), Medicare Drug Pricing Negotiations: Assessing Constitutional Structural Limits (2023):

A series of structural constitutional arguments lodged in multiple cases against Centers for Medicare and Medicaid Services’ (CMS) authorities to negotiate prescription drug prices via the 2022 Inflation Reduction Act threaten the legitimacy of CMS program and federal agency powers.

February 16, 2024 | Permalink | Comments (0)

Obstetric Violence and Forced Sterilization: Conceptualizing Gender-Based Institutional Violence

Rangita de Silva de Alwis (University of Pennsylvania Carey Law School), Obstetric Violence and Forced Sterilization: Conceptualizing Gender-Based Institutional Violence, 9 U. Pa. J. of L. & Pub. Aff. (2023):

The twenty-first century continues to witness gynecological abuse in the form of forced sterilizations of minority women. In many parts of the world, states weaponize family planning programs as a form of reproductive policy against poor women and women of color, treating women’s fertility as a drain on the state's resources. The first part of this Paper discusses how legal systems around the world do little to provide redress for women who are coerced to undergo certain medical procedures during, before, and after childbirth, and give little consideration to their right to bodily autonomy. The second part of the Paper centers on obstetrics to illustrate how women’s bodies remain a site of profound gendered power differentiation. 

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February 16, 2024 | Permalink | Comments (0)

Thursday, February 15, 2024

Care Reimagined: Transforming Law by Embracing Interdependence

Robyn Powell (University of Oklahoma), Care Reimagined: Transforming Law by Embracing Interdependence, Mich. L. Rev. (forthcoming 2024):

Building upon the foundation laid by All Our Families: Disability Lineage and the Future of Kinship, this Review examines the complex issues surrounding care and their relevance to people with disabilities. Part I delves into the contrasting perspectives of the disability rights movement and disability justice. By juxtaposing the emphasis on independence with a focus on interdependence, I unravel the intricate dynamics shaping the care experiences of disabled people. Part II presents a descriptive analysis unveiling the current realities of care. In doing so, I seek to expose the limited availability and access to care, the legal and bureaucratic impediments hindering effective care delivery, and the pervasive inequities faced by both unpaid and paid caregivers. Finally, Part III proposes a normative vision for reimagining care. I suggest strategies for broadening availability and access to care, challenging legal and bureaucratic impediments to care, confronting caregiver inequities, and fostering mutual aid networks within disabled communities. This Review’s analysis of care issues and transformative proposals aims to enrich disability, health, and family law discourse, providing valuable insights and shaping discussions and actions toward more inclusive and equitable legal frameworks and practices.

February 15, 2024 | Permalink | Comments (0)

Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents

Nicole Huberfeld (Boston University), Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents (2022):

This JAMA Viewpoint explained and analyzed the US Supreme Court litigation in Health and Hospital Corporation v. Talevski after oral arguments occurred. The state-run institution accused of violating patient rights under the Federal Nursing Home Reform Act, an amendment to Medicare and Medicaid, advanced the theory that Section 1983 private rights of action cannot be used to enforce any spending program requirements against states. This theory, if accepted by the Court, would have been very disruptive to federally funded social programs. Many federal laws would have been facing enforcement problems, as federal agencies often cannot know when states run afoul of federal law unless someone on the ground experiencing the deprivation seeks a hearing. The ability to hold nursing homes accountable for substandard care, as well as the stability of federal spending programs, hung in the balance.

February 15, 2024 | Permalink | Comments (0)

Wednesday, February 14, 2024

Attitudes on Marijuana and Psychedelics as a Treatment Option for Veterans

Peter Leasure (Ohio State University), Jana Hrdinova (Ohio State University), Douglas A. Berman (Ohio State University), Dexter Ridgway (Ohio State University), Attitudes on Marijuana and Psychedelics as a Treatment Option for Veterans (Ohio St. Legal Stud. Rsch. Paper No. 814) (2023):

Many mental and physical health issues are prominent within the veteran community. Given the prevalence of health issues within the veteran community and the need for a wide range of treatment options, some researchers have started to explore whether and how veteran populations should have access to alternative treatment options such as marijuana and psychedelics. Additionally, some researchers have started to explore perceptions of alternative treatment options such as marijuana and psychedelics among military and veteran populations. Studies of veteran views on these issues, however, have not closely explored how veteran perspectives on certain drug issues compare directly to those in their immediate and broader community. Consequently, the current study sought to examine differences in attitudes towards marijuana and psychedelics as treatment options among veterans, family members of veterans, and non-military individuals. Our results indicated that a sizeable majority of respondents supported the use of marijuana as a treatment option, and that many respondents supported the use of psychedelics as a treatment option. That said, the results of this study also indicated that active and veteran military personnel remain somewhat less supportive in their viewpoints about use of historically illicit drugs as a medical treatment when compared to their family members and the general population.

February 14, 2024 | Permalink | Comments (0)

Case Western Reserve University’s Law-Medicine Center Presents The Zaremski Lecture: The Next Big Abortion Rights Case with Jessie Hill and Jonathan Adler

Case Western Reserve University’s Law-Medicine Center Presents The Zaremski Lecture: The Next Big Abortion Rights Case with Jessie Hill and Jonathan Adler; 12:00PM – 1:00PM on Monday, February 19th, 2024.

The Elena and Miles Zaremski Law Medicine Forum presents:

Professors Jonathan Adler and Jessie Hill will discuss FDA v. Alliance for Hippocratic Medicine, the next major abortion case to be decided by the U.S. Supreme Court. In this case, the Court will decide whether the FDA acted illegally when it took certain steps to make the abortion medication mifepristone easier to access. Adler and Hill will provide an overview of the case and debate some key legal issues, including whether the plaintiffs have standing to bring the lawsuit and whether the 19th-century Comstock Act is relevant to the FDA's 21st-century rulings.

 

 

 

 

Our Presenters

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Jonathan H. Adler

Johan Verheij Memorial Professor of Law & founding Director of the Coleman P. Burke Center for Environmental Law

Case Western Reserve University School of Law

 

Screenshot 2024-02-05 at 11.00.54 AM

Jessie Hill

Judge Ben C. Green Professor of Law & Associate Dean for Research and Faculty Development

Case Western Reserve University School of Law

Register now for the February 19th, 2024 webinar.

February 14, 2024 | Permalink | Comments (0)