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American Journal of Law & Medicine

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https://www.readbyqxmd.com/read/29764324/baby-m-turns-30-the-law-and-policy-of-surrogate-motherhood
#1
Eric A Feldman
This article marks the 30th anniversary of the Supreme Court of New Jersey's Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature. First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be taken to minimize the potential exploitation of women who are willing to rent their wombs for income? Third, what criteria should govern the eligibility to serve as a surrogate mother and an intended parent? Fourth, what principle(s) should serve as the basis for determining the parentage of children born through surrogacy? Fifth, is regulatory uniformity in the surrogacy realm desirable? Is it achievable? The article concludes that courts and legislatures should accept the validity of surrogacy contracts, determine parentage according to intent, and identify transparent criteria for the eligibility of both surrogates and intended parents...
March 2018: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29764323/swaps-and-chains-and-vouchers-oh-my-evaluating-how-saving-more-lives-impacts-the-equitable-allocation-of-live-donor-kidneys
#2
Evelyn M Tenenbaum
Live kidney donation involves a delicate balance between saving the most lives possible and maintaining a transplant system that is fair to the many thousands of patients on the transplant waiting list. Federal law and regulations require that kidney allocation be equitable, but the pressure to save patients subject to ever-lengthening waiting times for a transplant has been swinging the balance toward optimizing utility at the expense of justice. This article traces the progression of innovations created to make optimum use of a patient's own live donors...
March 2018: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29764322/biting-the-hands-that-feed-the-alligators-a-case-study-in-morbid-obesity-extremes-end-of-life-care-and-prohibitions-on-harming-and-accelerating-the-end-of-life
#3
Michael J Malinowski
Obesity, recognized as a disease in the U.S. and at times as a terminal illness due to associated medical complications, is an American epidemic according to the Centers for Disease Control and Prevention ("CDC"), American Heart Association ("AHA"), and other authorities. More than one third of Americans (39.8% of adults and 18.5% of children) are medically obese. This article focuses on cases of "extreme morbid obesity" ("EMO")-situations in which death is imminent without aggressive medical interventions, and bariatric surgery is the only treatment option with a realistic possibility of success...
March 2018: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29764321/the-patient-to-prisoner-pipeline-the-imd-exclusion-s-adverse-impact-on-mass-incarceration-in-united-states
#4
Michael E Onah
A component of the 1965 Medicaid Act, the Institutions for Mental Diseases ("IMD") Exclusion was supposed to be a remedy for the brutal, dysfunctional mental healthcare system run through state hospitals. In the years since Medicaid was created, the IMD Exclusion has instead barred thousands of those in need of intensive, inpatient treatment from receiving it. As a result, many severely mentally ill individuals are left without adequate care and without a home. They struggle in the street where they are otherized by those in their community and are susceptible to confrontational episodes with law enforcement...
March 2018: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29764320/in-key-victory-for-death-penalty-opponents-supreme-court-sides-with-death-row-inmate-mcwilliams-v-dunn-1
#5
Marisa Bartolotta
No abstract text is available yet for this article.
March 2018: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29452564/when-consent-does-not-help-challenges-to-women-s-access-to-a-vaginal-birth-after-cesarean-section-and-the-limitations-of-the-informed-consent-doctrine
#6
Hindi E Stohl
Pregnant women with a prior cesarean delivery face challenges in accessing a vaginal birth due to both hospital and provider preferences and practices. Although the doctrine of informed consent secures women's reproductive rights, it is not a viable legal remedy. Instead, women should champion increased maternity-related education and transparency as well as medical malpractice reform to increase the desired access.
November 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29452563/code-red-the-essential-yet-neglected-role-of-emergency-care-in-health-law-reform
#7
Shaun Ossei-Owusu
The United States' health care system is mired in uncertainty. Public opinion on the Patient Protection and Affordable Care Act ("ACA") is undeniably mixed and politicized. The individual mandate, tax subsidies, and Medicaid expansion dominate the discussion. This Article argues that the ACA and reform discourse have given short shrift to a more static problem: the law of emergency care. The Emergency Medical Treatment and Active Labor Act of 1986 ("EMTALA") requires most hospitals to screen patients for emergency medical conditions and provide stabilizing treatment regardless of patients' insurance status or ability to pay...
November 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29452562/deciphering-the-sunshine-act-transparency-regulation-and-financial-conflicts-in-health-care
#8
Richard S Saver
The Physician Payments Sunshine Act ("Sunshine Act"), enacted to address financial conflicts in health care, is the first comprehensive federal legislation mandating public reporting of payments between drug companies, device manufacturers, and medicine. This article analyzes the Sunshine Act's uneven record, exploring how the law serves as an intriguing example of the uncertain case for transparency regulation in health care. The Sunshine Act's bumpy rollout demonstrates that commanding transparency through legislation can be arduous because of considerable implementation challenges...
November 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29452561/recent-case-developments
#9
Nia Johnson, Yue Amy Han, Matthew Parker
No abstract text is available yet for this article.
November 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29452560/health-care-efficiencies-consolidation-and-alternative-models-vs-health-care-and-antitrust-regulation-irreconcilable-differences
#10
Michael W King
Despite the U.S. substantially outspending peer high income nations with almost 18% of GDP dedicated to health care, on any number of statistical measurements from life expectancy to birth rates to chronic disease, 1 the U.S. achieves inferior health outcomes. In short, Americans receive a very disappointing return on investment on their health care dollars, causing economic and social strain. 2 Accordingly, the debates rage on: what is the top driver of health care spending? Among the culprits: poor communication and coordination among disparate providers, paperwork required by payors and regulations, well-intentioned physicians overprescribing treatments, drugs and devices, outright fraud and abuse, and medical malpractice litigation...
November 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254470/race-the-new-black-on-fashioning-genetic-brand
#11
Patricia J Williams
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254469/introduction-critical-race-theory-and-the-health-sciences
#12
Khiara M Bridges, Terence Keel, Osagie K Obasogie
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254468/statistics-adjusted-statistics-and-maladjusted-statistics
#13
Jay S Kaufman
Statistical adjustment is a ubiquitous practice in all quantitative fields that is meant to correct for improprieties or limitations in observed data, to remove the influence of nuisance variables or to turn observed correlations into causal inferences. These adjustments proceed by reporting not what was observed in the real world, but instead modeling what would have been observed in an imaginary world in which specific nuisances and improprieties are absent. These techniques are powerful and useful inferential tools, but their application can be hazardous or deleterious if consumers of the adjusted results mistake the imaginary world of models for the real world of data...
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254467/cultura-obscura-race-power-and-culture-talk-in-the-health-sciences
#14
Ruha Benjamin
"The price of culture is a Lie."1 This Article advances a critical race approach to the health sciences by examining "culture talk" as a discursive repertoire that attributes distinct beliefs, behaviors, and dispositions to ethno-racialized groups. Culture talk entails a twofold process of obfuscation - concealing the social reality of the people it describes and hiding the positionality of those who employ cultural generalizations. After tracing how culture talk circulates and reproduces racist narratives in and beyond the health sciences, I examine how cultural competency training in medical schools and diversity initiatives in stem cell research use the idiom of culture to manage and manufacture group differences...
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254466/the-flexner-report-standardizing-medical-students-through-region-gender-and-race-based-hierarchies
#15
Moya Bailey
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254465/intelligence-disability-and-race-intersections-and-critical-questions
#16
Licia Carlson
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254464/theorizing-race-and-racism-preliminary-reflections-on-the-medical-curriculum
#17
Lundy Braun
The current political economic crisis in the United States places in sharp relief the tensions and contradictions of racial capitalism as it manifests materially in health care and in knowledge-producing practices. Despite nearly two decades of investment in research on racial inequality in disease, inequality persists. While the reasons for persistence of inequality are manifold, little attention has been directed to the role of medical education. Importantly, medical education has failed to foster critical theorizing on race and racism to illuminate the often-invisible ways in which race and racism shape biomedical knowledge and clinical practice...
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254463/police-violence-use-of-force-policies-and-public-health
#18
Osagie K Obasogie, Zachary Newman
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29254462/pills-for-prejudice-implicit-bias-and-technical-fix-for-racism
#19
Jonathan Kahn
No abstract text is available yet for this article.
May 2017: American Journal of Law & Medicine
https://www.readbyqxmd.com/read/29086610/the-end-of-jacobson-s-spread-five-arguments-why-an-anti-intoxicant-vaccine-would-be-unconstitutional
#20
Kellen Russoniello
No abstract text is available yet for this article.
March 2017: American Journal of Law & Medicine
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