Journal of Law Medicine & Ethics最新文献

The new federal Pregnant Workers Fairness Act advances important protections for pregnant workers, but leaves behind agricultural workers, who are overrepresented in hazardous occupational environments. This article highlights the connection between workplace pregnancy discrimination and health inequities. It concludes with a discussion of immigrant-led advocacy efforts to eliminate health inequities and advance health justice.

Our paper examines what is required to protect and promote effective public discussion and policy development in the current climate of divisive disagreement about many public policy questions. We use abortion as a case example precisely because it is morally fraught. We first consider the changes made by Dobbs, as well as those which led up to the Dobbs decision, accompany it, and follow from it.

In a "mixed bag" 2023-2024 session, the U.S. Supreme Court issued a series of decisions both favorable and antithetical to public health and safety. Taking on tough constitutional issues implicating gun control, misinformation, and homelessness, the Court also avoided substantive reviews in favor of procedural dismissals in key cases involving reproductive rights and government censorship.

This Paper argues that to protect at-risk communities - and all Americans - from the deadly effects of environmental racism, Congress must pass the Environmental Justice for All Act. The Act is intended to "restore, reaffirm, and reconcile environmental justice and civil rights." It does so by restoring an individual's right to sue in federal court for discrimination based on race, ethnicity, or national origin regardless of intent under the Civil Rights Act of 1964, strengthening the National Environmental Policy Act, and providing economic incentives focused on environmental justice.

This commentary takes up a challenge posed by Franklin Miller in a 2022 essay in Bioethics Forum. Dr. Miller queried whether bioethicists could be useful in public health policy contexts and while he refrained from issuing an ultimate opinion, did identify several challenges to such utility. The current piece responds to the challenges Dr. Miller identifies and argues that with appropriate training, public health ethicists can be of service in virtually any context in which public health policies are deliberated and decided.

Catholic hospitals and health systems have proliferated and succeeded in American healthcare; they now operate four of the largest health systems and serve nearly one in six hospital patients. Like other religious entities that Wuest and Last write about in this issue, in their article Church Against State, they have benefited by and supported the long reach of conservative efforts to undermine the administrative state.

The administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs - the province of Ontario in Canada.

As the federal government continues to expand upon and improve its data sharing policies over the past 20 years, complex challenges remain. Our interviews with U.S. academic genetic researchers (n=23) found that the burden, translation, industry limitations, and consent structure of data sharing remain major governance challenges.

In 2006, the University of Maryland Carey School of Law had the privilege of co-hosting the annual Health Law Professors Conference with the American Society of Law, Medicine & Ethics (ASLME). Coincidentally, as director of the Law & Health Care Program at Maryland, I had the opportunity to announce the winner of the Jay Healey Health Law Teachers' Award at the conference. The award is given to "professors who have devoted a significant portion of their career to health law teaching and whose selection would honor Jay [Healey's] legacy through their passion for teaching health law, their mentoring of students and/or other faculty and by their being an inspiration to colleagues and students."¹ Healey, a Professor in the Humanities Department at the University of Connecticut School of Medicine, was the youngest recipient of the Society's Health Law Teachers' Award, which he received in 1990. He was passionate about teaching and had the idea to devote a session each year at the annual conference to teaching health law. It was always a plenary session at which he challenged us to be better teachers. Jay died in 1993, at the age of 46, not long after the Health Law Teachers conference that year, which he attended and which also happened to be held in Baltimore at the University of Maryland School of Law. Thereafter, the award was given in his name.

Charity Scott brought health law to Georgia State College of Law in the fall of 1987. Through her faculty appointment, along with her boundless energy and intellectual curiosity, she set herself on an odyssey. She began by teaching a single general health law class. This beginning led to the development of a full curriculum in the field, complete with experiential learning opportunities and a certificate in health law program. In addition to creating learning and career opportunities in health law for law students, her development of the Center for Health, Law and Society created academic opportunities for leading health law faculty.