Health Law
Research
Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented... MORE
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy... MORE
This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and... MORE
In August of 2021, the American Society for Reproductive Medicine published its most recent opinion on the financial compensation of oocyte (egg)... MORE
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE
This chapter "rewrites" Smith v. Rasmussen, 249 F.3d 755 (8th Cir. 2001), which affirmed Iowa’s Medicaid agency's refusal to cover gender affirmation... MORE
A Forum discussing:
Kidneys for Sale: Empirical Evidence From Iran by Moeindarbari T and Feizi M (2022). Transpl Int 35:10178. doi: https://doi.org/... MORE
As this Essay shows, the fertility discourse of the last half century deals with the profound effects that come from the transformation of the... MORE
This article examines the technologies of pre-implantation genetic testing (PGT) and germline gene editing (GGE) and the different potential... MORE
There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely... MORE
This Essay explores how menopausal bodies are managed and monitored through both menopausal hormone therapy (MHT) and the burgeoning market for... MORE
“It is horrendous, but then it’s magnificent,” says one character about menopause in an episode of the 2019 Netflix comedy Fleabag. Her younger... MORE
The sale of organs and gametes, the use of commercial surrogates, and trade in blood and plasma are examples of what have been termed "contested... MORE
The COVID-19 pandemic and the unprecedented natural disasters of 2020 remind us of the importance of emergency preparedness. This Article contributes... MORE
Menopause is defined by its relationship to menstruation––it is the cessation of menstruation. Medical texts identify menopause as part of the cycle... MORE
Gendered inequalities are on the frontlines of COVID-19. The catalogue of COVID-19’s impact covers all aspects of women's lives: work, family,... MORE
In "Consentability," Nancy Kim tackles an important and current topic—in an age of increasing options about how to live, die, and procreate, what... MORE
In the last several decades, individuals have advanced civil rights claims that rely on the language of medicine. This Article is the first to define... MORE
Health data regulation can be thought of at two levels. First, the micro- level of regulation has to do with Electronic Health Records (EHRs). Second... MORE
Clustered Regularly Interspaced Short Palindromic Repeat Associated System (CRISPR-Cas9) is evolving as a multi-faceted technology that can help in... MORE
This paper explores a series of thought experiments that postulate the existence of “artificially intelligent law.” An artificially-intelligent legal... MORE
There is no single cause of America’s opioid crisis. But unethical physicians and unscrupulous prescription practices undoubtedly have contributed.... MORE
Market design and matching have been especially important for markets in which the use of money is viewed as repugnant or distasteful. This article... MORE
Drugs often induce unintended, adverse physiological reactions in those that take them—what we commonly refer to as “side-effects.” However, drugs... MORE
This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the... MORE
Implantable medical devices measure and record data about the physiological development in a patient’s body, and communicate the data wirelessly to a... MORE
We contrast the compensation ban on organ donation with the legal treatment of football, boxing, and other violent sports where both acute and... MORE
Ethicists who oppose compensating kidney donors claim they do so because kidney donation is risky for the donor’s health, donors may not appreciate... MORE
Recent breakthroughs have moved heritable human genetic modification from the realm of science fiction to the cusp of reality, lending urgency to... MORE
There is, without question, a public health crisis in the United States arising from both illicit and prescription opioid misuse, addiction, and... MORE
Today, patients emanate increasing quantities of health information. However, not all health data are created equal. Questions regarding technology... MORE
Developing practical, effective, and legally sustainable policies to separate firearms from people at risk of violence or suicide represents a... MORE
In this article, we contrast the roles of intent, function, biology and marriage in establishing legal parenthood, focusing on differences between... MORE
We analyze a new transplant innovation — Advanced Donation, referred to by some as a kidney “gift certificate,” “layaway plan,” or “voucher — as a... MORE
Objective: This research examined the frequency of and characteristics associated with three forms of violence among persons with mental illness—... MORE
In Sperm donor anonymity and compensation: an experiment with American sperm donors, the authors contribute to our knowledge about the impact of... MORE
Whatever the shape of the information network, collection imposes special burdens on the patients who are the subject of the information and who form... MORE
Researchers have made progress in understanding the role of repugnance in transactions involving the human body. Yet, often, the focus remains on... MORE
A small group of individuals with mental illness is repeatedly involved in violence. Little is known about how often and how consistently these high-... MORE
It’s been more than forty-four years since the National Commission on Marihuana and Drug Abuse (“the Commission”) recommended decriminalization of... MORE
This article seeks to illustrate egg donation's incompletely commodified status through an analysis of two cases of first impression, highlighting... MORE
Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly... MORE
Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive... MORE
Highly publicized incidents in which people with apparent mental illnesses use guns to victimize strangers have important implications for public... MORE
For people with serious mental illness, research demonstrates the potential positive effects of having an advance directive with specific... MORE
Students of markets from all disciplines are increasingly turning their attention to the cultural and psychological factors that affect market... MORE
Before the Supreme Court’s 2008 decision in District of Columbia v. Heller, the American Psychiatric Association’s position on gun policy reflected... MORE
Tobacco policy in the United States is being transformed from the laissez faire approach (accompanied by a stunning history of industry deception)... MORE
This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely... MORE
Kidneys are unique among the solid organs due to the combination of the low risk of living donation, the feasibility of sustaining life on dialysis... MORE
In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted... MORE
Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality... MORE
In this article, we propose a novel form of kidney swap, which we label “Reverse Transplant Tourism.” This proposal has the potential to increase... MORE
This article, which is based on and expands on an amicus brief the authors submitted to the United States Supreme Court, first provides the moral... MORE
This article evaluates the relationship between workplace equality and the technology of egg freezing, which allows women to “bank” their eggs until... MORE
In this Essay, we examine a case in which the organizational and logistical demands of a novel form of organ exchange (the nonsimultaneous, extended... MORE
Obtaining informed consent has typically become a stylized ritual of presenting and signing a form, in which physicians are acting defensively and... MORE
The conflict of interest created when physician-researchers combine medical research and treatment is a long-standing and widely recognized ethical... MORE
Genetically engineered plants and animals have become a large part of the food we consume. The United States is the world’s largest producer of... MORE
This study examined the relationship between the availability of mental health outpatient services provided by 40 publicly funded community service... MORE
A variety of instruments have been published over recent years that improve clinicians’ ability to forecast the likelihood that an individual will... MORE
Objective: This study examined interventions used by colleges to respond to students who appear to be experiencing mental health crises.
... MORE
What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient... MORE
The battle for the future of assisted reproduction technologies (ART) has been joined. The tacit compromise underlying assisted reproduction - no... MORE
In recognition of Howard Zonana' contributions, I take stock of progress of your field over three decades. You are the voice of psychiatry in the... MORE
The determinative issue in applying the insanity defense is whether the defendant experienced a legally relevant functional impairment at the time... MORE
This conference addresses “obstacles to development and use of pharmacotherapies in the treatment of addiction.” I will focus on the challenges of... MORE
This Article considers the market structure of the human egg (or “oocyte”) donation business, particularly the presence of anti-competitive behavior... MORE
This book focuses on the dilemmas of applying conflicting values to egg and sperm donation, arguing that the law must develop an integrated approach... MORE
Thanks to the “Octomom” - a single, low-income, California mother of six, who recently gave birth to octuplets conceived through IVF - the American... MORE
This article calls for setting limits on the number of offspring born from any one individual's gametes, and for continuing to sanction incest, even... MORE
Solutions to many of the problems confronted by public health policymakers depend on getting people to behave in a way that promotes the common... MORE
The “Option of Adoption Act,” a Georgia law that was introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for... MORE
This brief article calls for a mandatory national donor gamete registry. It first discusses the history of secrecy in the adoption context before... MORE
In this paper, we will incorporate gender consciousness into critiques of the rational actor model by revisiting Carol Gilligan's account of moral... MORE
My assignment is to comment on the Supreme Court’s 5-4 decision in Panetti v. Quarterman, holding that a delusional mentally ill prisoner who is... MORE
Modern democratic nations have designed electoral systems to achieve two fundamental goals: increasing enfranchisement and voting, and, assuring the... MORE
Organ transplantation remains one of modern medicine’s remarkable achievements. It saves lives, improves quality of life, diminishes healthcare... MORE
In an article for a symposium issue of the Cincinnati Law Review on the thirtieth anniversary of the Tarasoff decision, finding therapists... MORE
Understanding the biological roots of intimate behavior is a complex undertaking that involves the integration of evolutionary biology, evolutionary... MORE
This article addresses the role of the genetic tie in the parent-child relationship through three lenses. First, we argue that the legal system... MORE
A lively debate has raged in recent years about how to regulate employment reference practices. According to the conventional account, employers... MORE
The authors describe how the mission of public health has come to encompass the prevention and amelioration of injury. They also highlight the... MORE
In PGA Tour, Inc. v. Casey Martin, the Supreme Court of the United States upheld the right of the professional golfer Casey Martin to use a golf cart... MORE
This Article proposes a solution to resolve the legal issues that arise from the disposition of eggs, zygotes, and sperm upon divorce or death. I... MORE
Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory,... MORE
This essay focuses on the relationships between children, unknown donors, and biological parents. It argues that children deserve access to... MORE
