Culawreview.org
Medical Malpractice in an Evolving America
WEBBy and large, the complexity and variation of these rules has led to a stunning lack of coherent national and state judicial precedent dictating the legality of non-physician medical malpractice law. Because of the increasing medical authority of many classes of APRNs, they are often making life-or-death decisions for patients.
Actived: 8 days ago
URL: https://www.culawreview.org/journal/medical-malpractice-in-an-evolving-america
The Implications of Denying Healthcare to Inmates: Originalism …
WEBHealthcare, Estelle V. Gamble, Supreme Court, Originalism. As the United States continues to grapple with the meaning and interpretation of its Constitution, issues relating to abortion, affirmative action, and, most recently, the issue of healthcare for incarcerated individuals have grown increasingly contentious.
Liability Immunity for Healthcare Providers Against Medical …
WEBThe COVID-19 pandemic has exposed jarring shortcomings in America’s healthcare system. Between the shortage of resources and exhausted health practitioners, all aspects of healthcare, even ones not directly related to COVID-19, have been impacted. Though the legal repercussions of one of the “larges
Roundtable #19 Medical Law — Columbia Undergraduate Law …
WEBConcerning the responsibilities of medical professionals and the rights of their patients, medical law primarily covers issues of negligence, ethics, and confidentiality. [1] With its far reaching scope, medical law has long been addressed, beginning with the Hippocratic Oath in the Greek classical
Roundtable #7 Health Care for Undocumented Immigrants
WEBTwo major legislative acts deny undocumented immigrants in the United States health benefits: (1) the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), and (2) the Affordable Care Act (ACA). The former act greatly limits the provision of many federal, state, and local public services to undocumented immigrants.
The Epidemic of Due Process Violations for Tuberculosis Patients
WEBTuberculosis (TB) is the leading infectious disease killer in the world, causing 1.5 million deaths annually, according to the Centers for Disease Control and Prevention (CDC). [1] In 2022, 8,300 TB cases were reported in the United States, which was a slight increase from the year before. [2] Within public health policy, treatment of TB
A Cruel and Unusual Burden: The Case for the Unconstitutionality …
WEBDespite recognition by the Supreme Court of the cruelly negative effects accrued through forced isolation in prisons, the practice of solitary confinement remains constitutional in the United States. In light of scientific evidence suggesting that prolonged periods of isolation are harmful to any hu
Is Death a Constitutional Right
WEBBusiness Inquiries: Genevieve Cabadas. [email protected]. For decades, physician-assisted suicide (PAS) and the right to die have been at the center of numerous legal battles. The “right to die” covers more than just “pulling the plug” on life-sustaining treatment. It also includes suicide, which is done without the assistance of a
Implications of Lochner v. New York
WEBThe Lochner Era, spanning almost three decades from 1905 to 1937, was one of the most distinctive periods of Supreme Court history. An analysis of the Court’s decision in Lochner v.New York (1905), the three decades emerging after the Lochner decision, and the events surrounding the Court’s eventual reversal of the decision in 1937 can reveal …
Originalism, Dobbs, and the Unconstitutionality of Roe
WEBOriginalism is needed to maintain the objectivity of the rule of law in the Constitution. Second, the use of living constitutionalism gives Supreme Court justices too much power. [12] It is possible to amend the Constitution, which is appropriate, but this should be difficult to do and should only be done through the democratic process …
The Right to Housing & Forced Institutionalization of Unhoused
WEBIn late 2022, New York City Mayor Eric Adams issued a new directive that would allow police officers to commit an unhoused person to a hospital against their will if they are perceived to be mentally ill or dangerous to themselves or others.
Hostile Architecture meets COVID-19: Why Anti-Homelessness …
WEBIn 2019, the U.S. Supreme Court refused to hear an appeal to the Ninth Circuit Court of Appeals’ decision in Martin v.Boise (2018), which asserted that “an ordinance violates the Eighth Amendment insofar as it imposes criminal sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative …
The Dangers of DTCPA: A Legal Analysis
WEBThe Dangers of DTCPA: A Legal Analysis. Prescription drug spending is the third most expensive cost in the American healthcare system, making up about 10% of the total and projected to amount to $610 billion by 2021. [1, 2] Though some of this spending can be attributed to the large number of drugs on the market, there is a hidden reason …
Information Privacy and Data Security Laws: An Ineffective …
WEBAs a result, although current federal regulations on data security strive to protect consumer privacy, they do not actually tackle the fundamental problem of unjustified, mass data collection itself; instead they debate the issue of nondisclosure, which companies can easily bypass without changing t
Taking a Knee for First Amendment Rights: Free Speech Precedent …
WEBOn one hand, some argue that these protests demonstrate a lack of respect for the nation; whereas the other side argues that these demonstrations are, in fact, centered around the nation’s greatest values. However, in analyzing the legal history of symbolic speech in the U.S., it is evident that Tru
The Enigma of Public Safety: Debates over the Use of Kendra’s Law …
WEBThe beginning of New York City mayor Eric Adams’ administration has brought a variety of new rules and regulations, the most controversial being the “Subway Safety Plan.” [1] As of February 2022, New York City law enforcement officials will employ a “zero-tolerance policy” for violations of subway r
Deregulation Nation: The Cost of Ignoring the Courts on …
WEBA wide array of perspectives and commentators in news ensures a higher chance of a well-informed, politically balanced population. Though the U.S. Supreme Court has historically supported this sentiment by backing the FCC and its regulations, the FCC’s recent shift towards deregulation, its increasi
The Post-Dobbs Legality of Out-of-State Abortion Travel Bans
WEBOn June 24, 2022, with the case Dobbs v.Jackson Women’s Health Organization, the U.S. Supreme Court overturned its 1973 ruling in Roe v.Wade, setting off a cascade of abortion bans in 26 states. [1] However, lawmakers in several states, such as Arkansas, South Dakota, Texas, and Missouri, are now considering even further bans …
The Implications of Sex Work Prohibition and Possible Legal …
WEBIn the vast majority of the United States, sex work is prohibited and punishable by laws that marginalize sex workers. In 2018, roughly one thousand five hundred people were arrested on prostitution-related charges in New York City alone, and New York law currently prohibits offering a “house or place of assignation for lewd …
Kahler v. Kansas (2020): Unjust Abolition of the Insanity Defense, …
WEBOn November 28, 2009, following a divorce and an episode of severe depression, James Kahler drove to a family gathering where he shot and killed his ex-wife, two daughters, and their grandmother. At trial, he was convicted of four counts of first-degree murder. Despite Kahler’s history of mental ill
National Emergency Exemption: Patents in the Time of Coronavirus
WEBConsidering national emergency response is a federal regulatory process, the use of patented compounds as well as patented information relevant to disaster response should be accessible in a national emergency, exempt from the possibility of infringement. Another way the US can overcome patent barriers is through compulsory …
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