This Article analyzes the issue of a woman’s right to legalized abortion and state attempts to circumvent the precedential U.S. Supreme Court decisions recognizing a woman’s right to bodily autonomy, using the state of Indiana as a persistent example of such attempts. A woman’s right to legal abortion is a public health concern. Protection of legal abortion is found through the right to privacy, a right inferred from several amendments to the United States Bill of Rights. The Supreme Court’s inaction in the Indiana litigation and more recently, in the Texas case, leaves many women who seek abortions with no recourse.
{"title":"Checking the Box-es: Attempting to Subvert Roe","authors":"Kathleen Conn, Brianna Kovit","doi":"10.18060/26408","DOIUrl":"https://doi.org/10.18060/26408","url":null,"abstract":"This Article analyzes the issue of a woman’s right to legalized abortion and state attempts to circumvent the precedential U.S. Supreme Court decisions recognizing a woman’s right to bodily autonomy, using the state of Indiana as a persistent example of such attempts. A woman’s right to legal abortion is a public health concern. Protection of legal abortion is found through the right to privacy, a right inferred from several amendments to the United States Bill of Rights. The Supreme Court’s inaction in the Indiana litigation and more recently, in the Texas case, leaves many women who seek abortions with no recourse.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42567537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Donor conception is a practice in which a donor sperm or egg (or both) is used to conceive a child. Usually, the donor sperm or egg is procured in a financial transaction: gametes exchanging hands for money. The “donor” in donor conception is a bit of an oxymoron, for a donation it is not when money—and sometimes big money—is a feature of the practice, not a bug. This Article will show that donor conception is not proper to who human beings are given their nature as embodied beings, with particular attention to the children of donor conception and to the donors. The bargained-for exchange of sperm and eggs for money also does not satisfy the requirement of commutative justice, historically understood to be of paramount importance in the doctrine of consideration in contract law. Further, the aspects of both the embodied nature of the person and the impropriety of trading on the body present in donor conception are considered in light of William Shakespeare’s play The Merchant of Venice. This Article concludes that donor conception, being unjust and not oriented to human flourishing, ought not to be done. A re-orientation of the law toward aproper respect for each person’s embodied nature and toward fostering a posture of gratitude in receiving each child as a gift would be welcome.
{"title":"Sperm and Eggs in Consideration of Money: A Pound of Flesh for Three Thousand Ducats?","authors":"Adeline A. Allen","doi":"10.18060/26406","DOIUrl":"https://doi.org/10.18060/26406","url":null,"abstract":"Donor conception is a practice in which a donor sperm or egg (or both) is used to conceive a child. Usually, the donor sperm or egg is procured in a financial transaction: gametes exchanging hands for money. The “donor” in donor conception is a bit of an oxymoron, for a donation it is not when money—and sometimes big money—is a feature of the practice, not a bug. This Article will show that donor conception is not proper to who human beings are given their nature as embodied beings, with particular attention to the children of donor conception and to the donors. The bargained-for exchange of sperm and eggs for money also does not satisfy the requirement of commutative justice, historically understood to be of paramount importance in the doctrine of consideration in contract law. Further, the aspects of both the embodied nature of the person and the impropriety of trading on the body present in donor conception are considered in light of William Shakespeare’s play The Merchant of Venice. This Article concludes that donor conception, being unjust and not oriented to human flourishing, ought not to be done. A re-orientation of the law toward aproper respect for each person’s embodied nature and toward fostering a posture of gratitude in receiving each child as a gift would be welcome.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42898833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Virtual Learning in a Pandemic and Its Effects on Lower-Income Students: How the Education Gap is Widening Beyond Repair","authors":"Alaina Goschke","doi":"10.18060/26087","DOIUrl":"https://doi.org/10.18060/26087","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43375279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Two Roads Converged in a Legal Wood: The Intersection of Litigation Funding and the False Claims Act","authors":"Erik Fuqua","doi":"10.18060/26083","DOIUrl":"https://doi.org/10.18060/26083","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48873440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article compares reverse payment settlements, also known as pay-fordelay deals, in the United States and Europe. These deals occur where a branded drug manufacturer sues, settles with, and pays a generic manufacturer to delay the entry of its generic. Unlike the United States, which has a decentralized drug purchasing system, European healthcare systems such as those in France and the United Kingdom wield monopsony buying power over drugs. We investigate whether regulator and monopsony power can neutralize these anticompetitive agreements. We conclude that while the incentives to agree to a reverse settlement are more limited in Europe, they do not disappear. Regulators should do more to encourage the entry of generics by: (1) making patents protected by anticompetitive reserve settlement unenforceable and (2) linking generic entry to a clear statutory entry system instead of an opaque patent system.
{"title":"Reverse Payment: A Comparative Study","authors":"Garry A. Gabison, Zaakir Tameez","doi":"10.18060/26084","DOIUrl":"https://doi.org/10.18060/26084","url":null,"abstract":"This Article compares reverse payment settlements, also known as pay-fordelay deals, in the United States and Europe. These deals occur where a branded drug manufacturer sues, settles with, and pays a generic manufacturer to delay the entry of its generic. Unlike the United States, which has a decentralized drug purchasing system, European healthcare systems such as those in France and the United Kingdom wield monopsony buying power over drugs. We investigate whether regulator and monopsony power can neutralize these anticompetitive agreements. We conclude that while the incentives to agree to a reverse settlement are more limited in Europe, they do not disappear. Regulators should do more to encourage the entry of generics by: (1) making patents protected by anticompetitive reserve settlement unenforceable and (2) linking generic entry to a clear statutory entry system instead of an opaque patent system.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44772964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The SARS-CoV-2 novel coronavirus is an external shock to all societies with lasting impacts that have changed individual, political, and corporate decisions profoundly. Increasing evidence reveals that an estimated 10-50% of those previously infected with COVID-19 face a longer-term or long-term health impact and/or chronic debilitation that in many cases comes and goes in waves. This phenomenon has already been referred to as a pandemic within the pandemic. The broad-based and long-term impact of COVID Long Haulers have also holds the potential to change our world and modern society, lasting through the following three outlined speculative trends: (1) The coronavirus crisis has widened novel and already existing inequalities, of which the rather surprising finance performance versus real economy liquidity constraint gap led to unequal emotional and sociopsychological crisis fallout propensities. Corporate governance and political economy power dynamics may shift in the eye of Long Haulers’ relation to work and a healthy, productive environment. Employers will likely face pressure to create a safe and secure working environment but also have rising tort liability risks that may be mitigated by hiring health consulting agents. Proactive care for maintaining a healthy workforce and the overall long-term well-being of employees, including preventive care in teams, will become an essential corporate feature to attract qualified labor, whose bargaining power increased in the eye of labor shortages in direct contact industries and positions. (2) Long Haulers may initiate an artificial intelligence revolution of self* Columbia University; The New School, Department of Economics and The New Schools of Public Engagement. ** Fordham University School of Law; Research Member, European Corporate Governance Institute. *** For helpful comments on ideas that led to this Article, we thank participants of the 16 Annual Conference of the Italian Society for Law and Economics (SIDE-ISLE); the United Nations Unequal World Conference: The Right to Education: Transforming the World Through Inclusive Quality Education; The Research Association for Interdisciplinary Studies (RAIS) conference; University of Ohio, Moritz College of Law, Ohio State Business Law Journal Symposium Confronting Crisis: Preparing for the Unexpected; the Monitoring and Evaluation (M&E) Collaborative Association (MECA) 2021 Conference; the European Commission DirectorateGeneral Health and Food Safety; the Comparative Private Law Lecture, Universität Innsbruck & Università degli Studi di Padova Scuola di Giurisprudenza; Centre for Corporate Sustainability and Environmental Finance, Department of Applied Finance, Macquarie Business School; Indian Institute of Finance International Research Conference & Award Summit; Council of European Studies (CES) 27 Annual Conference of Europeanists, the EcoWellness Group, and the 6 Annual International Conference Digital Czech Republic 2021. 48 INDIANA HEALTH L
{"title":"The Law, Economics, and Governance of Generation COVID-19 Long-Haul","authors":"Julia M. Puaschunder, Martin Gelter","doi":"10.18060/26085","DOIUrl":"https://doi.org/10.18060/26085","url":null,"abstract":"The SARS-CoV-2 novel coronavirus is an external shock to all societies with lasting impacts that have changed individual, political, and corporate decisions profoundly. Increasing evidence reveals that an estimated 10-50% of those previously infected with COVID-19 face a longer-term or long-term health impact and/or chronic debilitation that in many cases comes and goes in waves. This phenomenon has already been referred to as a pandemic within the pandemic. The broad-based and long-term impact of COVID Long Haulers have also holds the potential to change our world and modern society, lasting through the following three outlined speculative trends: (1) The coronavirus crisis has widened novel and already existing inequalities, of which the rather surprising finance performance versus real economy liquidity constraint gap led to unequal emotional and sociopsychological crisis fallout propensities. Corporate governance and political economy power dynamics may shift in the eye of Long Haulers’ relation to work and a healthy, productive environment. Employers will likely face pressure to create a safe and secure working environment but also have rising tort liability risks that may be mitigated by hiring health consulting agents. Proactive care for maintaining a healthy workforce and the overall long-term well-being of employees, including preventive care in teams, will become an essential corporate feature to attract qualified labor, whose bargaining power increased in the eye of labor shortages in direct contact industries and positions. (2) Long Haulers may initiate an artificial intelligence revolution of self* Columbia University; The New School, Department of Economics and The New Schools of Public Engagement. ** Fordham University School of Law; Research Member, European Corporate Governance Institute. *** For helpful comments on ideas that led to this Article, we thank participants of the 16 Annual Conference of the Italian Society for Law and Economics (SIDE-ISLE); the United Nations Unequal World Conference: The Right to Education: Transforming the World Through Inclusive Quality Education; The Research Association for Interdisciplinary Studies (RAIS) conference; University of Ohio, Moritz College of Law, Ohio State Business Law Journal Symposium Confronting Crisis: Preparing for the Unexpected; the Monitoring and Evaluation (M&E) Collaborative Association (MECA) 2021 Conference; the European Commission DirectorateGeneral Health and Food Safety; the Comparative Private Law Lecture, Universität Innsbruck & Università degli Studi di Padova Scuola di Giurisprudenza; Centre for Corporate Sustainability and Environmental Finance, Department of Applied Finance, Macquarie Business School; Indian Institute of Finance International Research Conference & Award Summit; Council of European Studies (CES) 27 Annual Conference of Europeanists, the EcoWellness Group, and the 6 Annual International Conference Digital Czech Republic 2021. 48 INDIANA HEALTH L","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44775473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On December 31, 2019, as many around the world were celebrating the New Year, Chinese health officials were reporting to the World Health Organization (“WHO”) that approximately forty-one people had contracted a mysterious pneumonia from the Huanan Seafood Wholesale Market. Within seven days, Chinese officials determined the virus was a novel Coronavirus, now known as SARS-CoV-2, which causes the COVID-19 illness. The virus rapidly spread throughout the world, including the United States, and prompted all but eight states to issue statewide shutdown orders. These shutdowns, which had questionable effectiveness, closed businesses, hamstrung the supply chain, and are expected to play a role in shrinking the United States’ expected real gross domestic product (“GDP”) by $7.9 trillion over the next decade. However, SARS-CoV-2 is not the first pandemic to cause a mass disruption. For instance, the 1918 H1N1 pandemic swept across the globe, prompting quarantines, shutdowns, social distancing, and mask use throughout the United States.
{"title":"The Syringe That Drips Money: How Title VII Affects Employer-Mandated Vaccinations in the Manufacturing Sector","authors":"Conner J. Voegel","doi":"10.18060/26092","DOIUrl":"https://doi.org/10.18060/26092","url":null,"abstract":"On December 31, 2019, as many around the world were celebrating the New Year, Chinese health officials were reporting to the World Health Organization (“WHO”) that approximately forty-one people had contracted a mysterious pneumonia from the Huanan Seafood Wholesale Market. Within seven days, Chinese officials determined the virus was a novel Coronavirus, now known as SARS-CoV-2, which causes the COVID-19 illness. The virus rapidly spread throughout the world, including the United States, and prompted all but eight states to issue statewide shutdown orders. These shutdowns, which had questionable effectiveness, closed businesses, hamstrung the supply chain, and are expected to play a role in shrinking the United States’ expected real gross domestic product (“GDP”) by $7.9 trillion over the next decade. However, SARS-CoV-2 is not the first pandemic to cause a mass disruption. For instance, the 1918 H1N1 pandemic swept across the globe, prompting quarantines, shutdowns, social distancing, and mask use throughout the United States.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42729572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Beginning and End of Our Analysis: The Seventh Circuit's Approach to the Three-Way Circuit Split of Dismissal Authority in Qui Tam Claims","authors":"Wm. Luke McNamee","doi":"10.18060/26088","DOIUrl":"https://doi.org/10.18060/26088","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41733425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Readers of Tea-Leaves: A Common Sense Good-Faith Defense for Private Party Section 1983 Defendants in the Seventh Circuit","authors":"Brad R. Taylor","doi":"10.18060/26086","DOIUrl":"https://doi.org/10.18060/26086","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43708521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Habeas Corpus and COVID-19: In the Midst of a Viral Pandemic, Can the \"Great Writ\" Provide Home Supervision to At-Risk Plaintiff Inmates?","authors":"Jake Zurschmiede","doi":"10.18060/26093","DOIUrl":"https://doi.org/10.18060/26093","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46283122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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