All Articles tagged Health

• Justice Commentaries
  September 17, 2023 EDT
  THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42
  Michael Maio

  This Note delves into the legality, discriminatory use, and fabricated public health rationale of the Title 42 expulsion policy.

• General
  January 06, 2023 EDT
  ABANDONING ORIGINAL MEANING
  Michael L. Smith

  This article argues the United States Supreme Court has abandoned the original public meaning approach in its recent opinions in Bruen, Dobbs, and Kennedy.

• General
  February 03, 2021 EDT
  JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19
  James R. Steiner-DillonElisabeth J. Ryan

  Only by updating the Jacobson doctrine to incorporate contemporary constitutional norms can the constitutional law of public health resolve the tension between individual rights and communal health.

• Justice Commentaries
  January 01, 2021 EDT
  PROMOTING EXPUNGEMENTS TO MINIMIZE THE ADVERSE IMPACT OF SUBSTANCE USE DISORDER CRIMINALIZATION
  Brittany KellyJohn HeinzAnthony SingerAila Hoss

  This article explores expungement as a tool in mitigating the harmful impacts of criminalizing substance use disorder.

• General
  December 31, 2020 EDT
  BEHIND THE MASK: ANALYZING LEGAL POWERS TO MANDATE FACE COVERINGS IN PUBLIC PLACES AMID A GLOBAL PANDEMIC
  Benjamin Pomerance

  This article examines state and federal authority to mandate mask-wearing amid a public health crisis.

• Justice Commentaries
  September 27, 2020 EDT
  OBSTACLES AND BARRIERS AFTER EXONERATION
  Lily GoldbergNicole GuillenNicole HernandezLora M. Levett

  This article reviews existing obstacles exonerees may face in the areas of compensation, mental health, and reentry issues and suggest solutions for exonerated individuals in these areas.

• Justice Commentaries
  September 27, 2020 EDT
  PERCEPTIONS OF EXONEREES: A REVIEW OF THE PSYCHOLOGICAL SCIENCE
  Lakia FaisonLaura Smalarz

  This article reviews psychological research on the reintegration challenges faced by exonerees with a particular emphasis on social perceptions of exonerated individuals.

• General
  July 22, 2020 EDT
  THE FAIR DEAL UNIVERSAL HEALTH CARE PROPOSALS: HISTORIANS’ PERSPECTIVES FROM 1970 TO 2003
  George Horvath

  This article recalls the last attempts at achieving universal coverage in the United States.

• General
  February 28, 2019 EDT
  BUY INSURANCE OR ELSE?: RESURRECTING THE INDIVIDUAL MANDATE AT THE STATE LEVEL
  Brendan Williams

  This article traces the origin of the individual mandate, chronicles efforts by states to enact their own mandates, and concludes by questioning whether mandates are either necessary or politic.

• General
  December 12, 2018 EDT
  DON’T BE DISTRACTED BY THE PEACOCK TRYING TO BOARD AN AIRPLANE: WHY EMOTIONAL SUPPORT ANIMALS ARE SERVICE ANIMALS AND SHOULD BE REGULATED IN THE SAME MANNER.
  Amanda M. Foster

  The definition of service animal needs to be broadened under the ADA to include emotional support animals to provide equal treatment for individuals afflicted by all disabilities.

• General
  January 01, 2018 EDT
  THE IMMIGRANT PARADOX: PROTECTING IMMIGRANTS THROUGH BETTER MENTAL HEALTH CARE
  Andrew F. Moore

  This article explores whether increased access to mental health care would help immigrants avoid the removal system and the needs of immigrants for mental health care.

• Justice Commentaries
  November 08, 2017 EDT
  JUSTICE OR INJUSTICE: A HISTORY AND CRITIQUE OF THE NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
  Rose Mary BaillyDena M. DeFazio

  This article explores the history of state oversight in NY and the departure represented by the "New York State Justice Center for the Protection of People with Special Needs.”

• New York Appeals
  May 05, 2017 EDT
  NURSING HOME ABUSE OF AGENTS: CREDITOR MISUSE OF NEW YORK’S REVISED DURABLE POWER OF ATTORNEY
  William P. Davies

  This paper discusses the history of the DPOA on a national scale, its application in New York, and the measures taken by New York to ensure agents do not abuse...

• New York Appeals
  February 13, 2015 EDT
  CAN NEW YORK CITY GOVERN ITSELF? THE INCONGRUITY OF THE COURT OF APPEALS’ RECENT CASES REGARDING REGULATION OF NEW YORK CITY BY NEW YORK CITY
  Roberta A. KaplanJacob H. Hupart

  This article attempts to reconcile New York Court of Appeals cases concerning whether regulations limited to New York City were appropriate under the New York State Constitution.

• New York Appeals
  February 13, 2015 EDT
  IN SUPPORT OF AN IMPLIED STATE CONSTITUTIONAL FREE SPEECH TORT IN PUBLIC EMPLOYMENT RETALIATION CASES
  Howard L. Zwickel

  This article argues that a meaningful state free speech constitutional tort, with enhanced state standards, could encourage more expressive activity by public employees.

• General
  May 13, 2014 EDT
  THE FDA AND THE PHARMACEUTICAL INDUSTRY: IS REGULATION CONTRIBUTING TO DRUG SHORTAGES?
  Aubrey Roman

  This article sets forth that despite disagreement among commentators as to the cause of the drug shortage crisis, it is indisputable that the drug shortage is having devastating effects.

• New York Appeals
  January 01, 2014 EDT
  BEWARE OR BE BLINDSIDED: AVOIDING ESTATE PLANNING PITFALLS
  Keri L. Vanderwarker

  This article argues that both a power of attorney and a health care proxy are two of the most basic and essential estate planning documents.

• General
  January 01, 2013 EDT
  AN INSIDER‘S PERSPECTIVE: DEFENSE OF THE PHARMACEUTICAL INDUSTRY‘S MARKETING PRACTICES
  Kanika Johar

  This paper is a benefits analysis to the services provided by the pharmaceutical industry and aims to address and clarify a few of the many misperceptions about the industry.

• State Constitutional Commentary
  November 11, 2011 EDT
  REMARKS: Former Chief Justice Margaret H. Marshall of Massachusetts
  Margaret H. Marshall

  Former Chief Justice Margarent H. Marshall's symposium remarks.

• State Constitutional Commentary
  November 11, 2011 EDT
  ESTABLISHING AND REBUTTING MATERNITY: WHY WOMEN ARE AT A LOSS DESPITE THE ADVENT OF GENETIC TESTING
  Amanda E. De Vito

  This note claims that there is a fundamental flaw in New York legislation when applied to compassionate or gestational surrogacy.

• Justice Commentaries
  March 04, 2011 EDT
  THE INCREASINGLY BLURRED LINE BETWEEN “MAD” AND “BAD”: TREATING PERSONALITY DISORDERS IN THE PRISON SETTING
  Donna L. HallRichard P. MiragliaLi-Wen G. Lee

  This article considers the debate as to the most appropriate setting for serving the mentally ill prison population.

• General
  January 01, 2011 EDT
  KEEPING IT SIMPLE: HEALTH PLAN BENEFIT STANDARDIZATION AND REGULATORY CHOICE UNDER THE AFFORDABLE CARE ACT
  Troy J. OechsnerMagda Schaler-Haynes

  This article focuses on some of those options created by the ACA for federal and state regulators regarding standardizing benefits and referrals, and examines the policy rationales and practical implications...

• General
  January 01, 2011 EDT
  S.O.S. FROM THE FDA: A CRY FOR HELP IN THE WORLD OF UNREGULATED DIETARY SUPPLEMENTS
  Joseph K. Dier

  This comment examines the numerous American statutes and regulatory framework surrounding the dietary supplement industry and concludes there is a need for new legislation and solutions.

• State Constitutional Commentary
  August 08, 2010 EDT
  GOOD ENOUGH FOR GOVERNMENT WORK: THE INTERPRETATION OF POSITIVE CONSTITUTIONAL RIGHTS IN STATE CONSTITUTIONS
  Jeffrey Omar Usman

  This article focuses upon a species of state constitutional rights to which there are no federal counterparts, positive constitutional rights, and the interpretation thereof by state courts.

• General
  August 08, 2009 EDT
  FOUR PROBLEMS FACING MEANINGFUL STATE HEALTH CARE REFORM AND COVERAGE IN THE UNITED STATES
  Arlene Akiwumi-Assani

  This comment demonstrates the best approach to providing comprehensive health care coverage is on a federal level due to the obstacles facing state health care reform.

• General
  May 08, 2009 EDT
  JUDICIAL ACTIVISM AND PROGRESSIVE LEGISLATION: A STEP TOWARDS DECREASING HATE ATTACKS
  Kathleen A. Bantley

  This Article focuses on the impact that judicial decisions and legislative acts increasing the rights of gays and lesbians have on “hate crimes.”

• New York Appeals
  May 05, 2009 EDT
  BREAKING DOWN BARRIERS: THE GOODRIDGE DECISION AND MODERN CIVIL RIGHTS
  John M. Greaney

  These symposium remarks discuss the Massachusetts Supreme Judicial Court's decision in Goodridge v. Dep't of Public Health.

• New York Appeals
  May 05, 2009 EDT
  TO HARM, TO VICTIMIZE, AND TO DESTROY: THE UGLY REASON WHY THE CHAMBERS MAJORITY OPINION WAS SO RIGHT
  Matthew J. Skinner

  This comment critically confronts the analysis used in the court’s majority opinion in Goodridge v. Department of Public Health.

• General
  January 01, 2007 EDT
  VOLUNTARY SELF-REGULATION OF COMPLEMENTARY AND ALTERNATIVE MEDICINE PRACTITIONERS
  John Lunstroth

  The author recommends that homeopaths and other similarly situated practitioner groups organize on a state-by-state basis around a code of conduct as a means to counteract restrictive laws.

• General
  January 01, 2006 EDT
  NEW YORK’S IMMEDIATE NEED FOR A PSYCHOTHERAPIST-PATIENT PRIVILEGE ENCOMPASSING PSYCHIATRISTS, PSYCHOLOGISTS, AND SOCIAL WORKERS
  Rebecca S. Auerbach

  This article argues that New York must replace these three evidentiary privileges--physician, psychologist and social worker--with a single psychotherapist-patient privilege.

• General
  January 01, 2006 EDT
  UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE
  Ryan T. Emery

  This study concludes that after comparing the process of appellate review to a statutory cap, the former is the superior method for addressing the issue of excessive non-economic damage awards.