Journal of Law, Medicine and Ethics

ISSNs: 1073-1105, 1748-720X

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  1.  7
    The Opioid Industry Documents Archive: Advancing Public Health Through Industry Document Disclosure.G. Caleb Alexander & Kate Tasker - 2024 - Journal of Law, Medicine and Ethics 52 (1):133-135.
    More than twenty-five years after the first signs of potential harm, the US remains locked in the grip of an opioid epidemic, with more Americans dying from overdoses than ever before.1 Diversion of prescription opioids plays an important role in opioid-related harms. Much of the scientific and public health focus on diversion has been on end-users, given how commonly non-medical prescription opioid use occurs, as well as the proportion of individuals who report that their source of non-medical opioids was friends (...)
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  2.  3
    Integrating Public Health Ethics into Public Health Policymaking: Being in the Room Where It Happens.Jalayne J. Arias & Daniel S. Goldberg - 2024 - Journal of Law, Medicine and Ethics 52 (1):183-187.
    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 (...)
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  3.  2
    Diversion to Treatment when Treatment is Scarce: Bioethical Implications of the U.S. Resource Gap for Criminal Diversion Programs.Deniz Aritürk, Michele M. Easter, Jeffrey W. Swanson & Marvin S. Swartz - 2024 - Journal of Law, Medicine and Ethics 52 (1):65-75.
    PrécisDespite significant scholarship, research, and funding dedicated to implementing criminal diversion programs over the past two decades, persons with serious mental illness and substance use disorders remain substantially overrepresented in United States jails and prisons. Why are so many U.S. adults with behavioral health problems incarcerated instead of receiving treatment and other support to recover in the community? In this paper, we explore this persistent problem within the context of “relentless unmet need” in U.S. behavioral health (Alegría et al., 2021).
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  4.  1
    Justice, Labor, Research, and Power: The Significance and Implications of Parent-Reported Outcomes in Medical-Legal Partnership.James Bhandary-Alexander - 2024 - Journal of Law, Medicine and Ethics 52 (1):148-150.
    As a legal aid union president in New Haven, laboring within shouting distance of a different large research university, I recall how our membership rolled our eyes when Professors Greiner, Pattanayak, and Hennesy of Harvard published their study providing evidence, through a randomized control trial, that law clinic housing work made no difference for clients.1 Representing, as I was, “lawyers, secretaries, and paralegals who have dedicated their careers to serving poor clients in crisis,”2 the authors’ conclusion generated first shock, then (...)
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  5.  2
    A Rule-Based Solution to Opaque Medical Billing in the U.S.Christopher A. Bobier - 2024 - Journal of Law, Medicine and Ethics 52 (1):22-30.
    Patients and physicians do not know the cost of medical procedures. Opaque medical billing thus contributes to exorbitant, rising medical costs, burdening the healthcare system and individuals. After criticizing two proposed solutions to the problem of opaque medical billing, I argue that the Centers for Medicare and Medicaid Services should pursue a rule requiring that patients be informed by the physician of a reasonable out-of-pocket expense estimate for non-urgent procedures prior to services rendered.
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  6.  4
    A Whole-Person Approach to Harm Reduction for Women.Somer Brown - 2024 - Journal of Law, Medicine and Ethics 52 (1):45-51.
    Women are the fastest-growing population of people who use drugs in the US. As a group, they are more likely than men to experience stigma, poverty, and negative mental health outcomes. This article discusses the unique needs of women drug users in the US and provides suggestions on how to leverage national attention — and federal funding — to make harm reduction services in the US more gender sensitive, and, as a result, more effective in reducing harm for women who (...)
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  7.  2
    Toward Transparency and Trust: Assessing and Addressing Key Ethical Concerns in Normothermic Regional Perfusion.Amanda Buster, Ellen C. Meltzer, Lisa Trost, Amanda Courtright-Lim, Timothy Ingall & Jon Tilburt - 2024 - Journal of Law, Medicine and Ethics 52 (1):178-182.
    Normothermic Regional Perfusion, or NRP, is a method of donated organ reperfusion using cardiopulmonary bypass or a modified extracorporeal membrane oxygenation (ECMO) circuit after circulatory death while leaving organs in the dead donor’s corpse. Despite its potential, several key ethical issues remain unaddressed by this technology.
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  8.  1
    Minor Consent for Vaccination: Ethically Justified, Politically Fraught.James Colgrove - 2024 - Journal of Law, Medicine and Ethics 52 (1):62-64.
    Policies allowing some minors to consent to receive recommended vaccines are ethically defensible. However, a policy change at the federal level expanding minor consent for vaccinations nationwide risks triggering a political backlash. Such a move may be perceived as infringing on the rights of parents to make decisions about their children’s health care. In the current post-COVID environment of heightened anti-vaccination activism, changes to minor consent laws may be unadvisable, and policy makers should proceed with caution.
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  9.  2
    No Strings Attached: How Catholic Institutions Prospered at the Expense of the Administrative State and Patient Autonomy.Lori Freedman & Kimani Paul-Emile - 2024 - Journal of Law, Medicine and Ethics 52 (1):169-171.
    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.
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  10.  1
    Battling Environmental Racism in Cancer Alley: A Legislative Approach.Megan Resener Garofalo - 2024 - Journal of Law, Medicine and Ethics 52 (1):196-204.
    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, (...)
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  11.  1
    Physician-Based Approaches to Price Transparency: A Solution in Search of a Problem?Sherry Glied - 2024 - Journal of Law, Medicine and Ethics 52 (1):31-33.
    Physician-based transparency approaches have been advanced as a strategy for informing patients of the likely financial consequences of using services. The structure of health care pricing and insurance coverage, and the low uptake of existing tools, suggest these approaches are likely to be unwieldy and unsuccessful. They may also generate new ethical challenges.
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  12.  1
    Teaching Global Health Law: Preparing the Next Generation for Future Challenges.Lawrence O. Gostin, Sarah L. Bosha & Benjamin Mason Meier - 2024 - Journal of Law, Medicine and Ethics 52 (1):191-195.
    Following from sweeping law reforms across the global health landscape, there is a need to prepare the next generation to advance global health law to ensure justice for a healthier world. Educational programs across disciplines have increasingly incorporated the field of global health law, with new courses examining the law and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Such interdisciplinary training must be expanded throughout the world (...)
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  13.  2
    “A Most Equitable Drug”: How the Clinical Studies of Convalescent Plasma as a Treatment for SARS-CoV-2 Might Usefully Inform Post-Pandemic Public Sector Approaches to Drug Development.Quinn Grundy, Chantal Campbell, Ridwaanah Ali, Matthew Herder & Kelly Holloway - 2024 - Journal of Law, Medicine and Ethics 52 (1):80-97.
    Interventional clinical studies of convalescent plasma to treat COVID-19 were predominantly funded and led by public sector actors, including blood services operators. We aimed to analyze the processes of clinical studies of convalescent plasma to understand alternatives to pharmaceutical industry biopharmaceutical research and development, particularly where public sector actors play a dominant role. We conducted a qualitative, critical case study of purposively sampled prominent and impactful clinical studies of convalescent plasma during 2020-2021.
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  14.  3
    Assessing Impacts of “Anti-Equity” Legislation on Health Care and Public Health Services.James G. Hodge, Erica N. White, Jennifer L. Piatt & Camille Laude - 2024 - Journal of Law, Medicine and Ethics 52 (1):172-177.
    A deluge of state “anti-equity” legislative bills seek to reverse prevailing trends in diversity, equity, and inclusion; withdraw protections of LGBTQ+ communities; and deny access to gender-based care for trans minors and adults. While the political and constitutional fate of these acts is undetermined, profound impacts on patients and their providers are already affecting the delivery of health care and public health services.
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  15.  2
    Letter From The Editor.Ted Hutchinson - 2024 - Journal of Law, Medicine and Ethics 52 (1):1-1.
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  16.  4
    Medicare Should Cover Weight Loss Drugs as Long as the Prices are Affordable.Catherine S. Hwang, Aaron S. Kesselheim & Benjamin N. Rome - 2024 - Journal of Law, Medicine and Ethics 52 (1):188-190.
    Glucagon-like peptide-1 receptor agonists are effective for treating obesity, but the high cost of these medications endangers the financial viability of our health care system. To ensure that these drugs are available to Medicare beneficiaries, pharmaceutical manufacturers must lower their prices.
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  17.  3
    Lowering the Age of Consent for Vaccination to Promote Pediatric Vaccination: It’s Worth a Shot.Margaret Irwin, Derek R. Soled & Christy L. Cummings - 2024 - Journal of Law, Medicine and Ethics 52 (1):52-61.
    This paper challenges historically preconceived notions surrounding a minor’s ability to make medical decisions, arguing that federal health law should be reformed to allow minors with capacity as young as age 12 to consent to their own Centers for Diseases Control and Prevention (CDC)-approved COVID-19 vaccinations. This proposal aligns with and expands upon current exceptions to limitations on adolescent decision-making. This analysis reviews the historic and current anti-vaccination sentiment, examines legal precedence and rationale, outlines supporting ethical arguments regarding adolescent decision-making, (...)
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  18.  2
    Do Physicians Have a Duty to Support Secondary Use of Clinical Data in Biomedical Research? An Inquiry into the Professional Ethics of Physicians.Martin Jungkunz, Anja Köngeter, Eva C. Winkler & Christoph Schickhardt - 2024 - Journal of Law, Medicine and Ethics 52 (1):101-117.
    Secondary use of clinical data in research or learning activities (SeConts) has the potential to improve patient care and biomedical knowledge. Given this potential, the ethical question arises whether physicians have a professional duty to support SeConts. To investigate this question, we analyze prominent international declarations on physicians’ professional ethics to determine whether they include duties that can be considered as good reasons for a physicians’ professional duty to support SeConts. Next, we examine these documents to identify professional duties that (...)
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  19.  7
    Challenges for the Pro-Life Movement in a Post- Roe Era – ERRATUM.Cathleen Kaveny - 2024 - Journal of Law, Medicine and Ethics 52 (1):207-207.
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  20.  5
    Addressing Bioethical Implications of Implementing Diversion Programs in Resource-Constrained Service Environments.Josephine D. Korchmaros & Kevin Hall - 2024 - Journal of Law, Medicine and Ethics 52 (1):76-79.
    The opioid epidemic demands the development, implementation, and evaluation of innovative, research-informed practices such as diversion programs. Aritürk et al. have articulated important bioethical considerations for implementing diversion programs in resource-constrained service environments. In this commentary, we expand and advance Aritürk et al.’s discussion by discussing existing resources that can be utilized to implement diversion programs that prevent or otherwise minimize the issues of autonomy, non-maleficence, beneficence, and justice identified by Aritürk et al.
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  21.  13
    INTRODUCTION: Medical-Legal Partnerships: Equity, Evolution, and Evaluation – CORRIGENDUM.Katherine L. Kraschel, James Bhandary-Alexander, Yael Z. Cannon, Vicki W. Girard, Abbe R. Gluck, Jennifer L. Huer & Medha D. Makhlouf - 2024 - Journal of Law, Medicine and Ethics 52 (1):208-208.
  22.  4
    Diverting Data and Drugs: A Narrative Review of the Mallinckrodt Documents.Antoine Lentacker, Kelly Pham & Jason M. Chernesky - 2024 - Journal of Law, Medicine and Ethics 52 (1):118-132.
    U.S. law imposes strict recording and reporting requirements on all entities that manufacture and distribute controlled substances. As a result, the prescription opioid crisis has unfolded in a data-saturated environment. This article asks why the systematic documentation of opioid transactions failed to prevent or mitigate the crisis. Drawing on a recently disclosed trove of 1.4 million internal records from Mallinckrodt Pharmaceuticals, a leading manufacturer of prescription opioids, we highlight a phenomenon we propose to call data diversion, whereby data ostensibly generated (...)
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  23.  3
    Enacting Relational Public Health: Federally Qualified Health Centers During the COVID-19 Pandemic.Danielle Pacia, Johanna Crane, Carolyn Neuhaus, Nancy Berlinger & Rachel Fabi - 2024 - Journal of Law, Medicine and Ethics 52 (1):34-40.
    PrécisFederally Qualified Health Centers (FQHCs) proved to be critical points of access for people of color and other underserved populations during the COVID-19 pandemic, administering 61% of their COVID-19 vaccinations to people of color, compared to the 40% rate for the overall United States’ vaccination effort. To better understand the approaches and outcomes of FQHCs in pandemic response, we conducted semi-structured interviews with FQHC health care providers and outreach workers and analyzed them using an inductive qualitative methodology.
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  24.  2
    Addressing Unmet Social Needs and Social Risks — A Qualitative Interview-Based Assessment of Parent Reported Outcomes and Impact from a Medical Legal Partnership.Erin Talati Paquette, Jennifer Kusma Saper, Hassan Khan, Sasha Becker, Zecilly Guzman, Valerie Alvarez Renteria, Sarah Hess & Karen Sheehan - 2024 - Journal of Law, Medicine and Ethics 52 (1):136-147.
    Medical legal partnerships address individual legal needs that can create impediments to health. Little is known about outcomes from medical legal partnerships and their relationship to access to justice. This paper reports outcomes from one medical legal partnership from the perspective of the client, with specific emphasis on impact on health and concepts related to access to justice. We suggest a conceptual model for incorporating medical legal partnerships into a broader framework about access to justice.
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  25.  1
    A Public Option for Clinical Trials? Lessons from Convalescent Plasma.Victor Roy, Joseph S. Ross & Reshma Ramachandran - 2024 - Journal of Law, Medicine and Ethics 52 (1):98-100.
    The case of clinical trials for convalescent plasma during COVID-19 illustrates important lessons for realizing public sector approaches to biomedical research and development. These lessons, centering on mission, transparency, and spillover effects, can be translated to wider efforts to develop a “public option” for clinical trials.
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  26.  3
    Pre-Mortem Interventions for the Purpose of Organ Donation: Legal Approaches to Consent.Renée Taillieu, Matthew J. Weiss, Dan Harvey, Nicholas Murphy, Charles Weijer & Jennifer A. Chandler - 2024 - Journal of Law, Medicine and Ethics 52 (1):7-21.
    PrécisThe 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 (...)
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  27.  1
    A Federally Qualified Health Center-led Ethics & Equity Framework & Workflow Checklist: An Invited Commentary in Response to a Relational Public Health Framing of FQHCs During COVID-19.Cristina Huebner Torres, Sylvia Baedorf Kassis, Sadath Sayeed, Barbara E. Bierer & Karen M. Emmons - 2024 - Journal of Law, Medicine and Ethics 52 (1):41-44.
    With disparate rates of morbidity and mortality among minoritized communities, COVID-19 illuminated the need for equity-informed practices in public health. Pacia et al posit FQHCs as entities that addressed inequity when others failed. This commentary further situates how FQHCs address the public health crisis of institutional racism and related health inequities every day and presents a FQHC-led Ethics and Equity Framework and Workflow Checklist to guide ethical and equitable engagement with FQHCs.
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  28.  2
    Making Sense of Semenya before the European Court of Human Rights.Matteo Winkler & Giovanna Gilleri - 2024 - Journal of Law, Medicine and Ethics 52 (1):205-206.
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  29.  4
    Church Against State: How Industry Groups Lead the Religious Liberty Assault on Civil Rights, Healthcare Policy, and the Administrative State.Joanna Wuest & Briana S. Last - 2024 - Journal of Law, Medicine and Ethics 52 (1):151-168.
    Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.
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