Journal of Law, Medicine and Ethics

ISSNs: 1073-1105, 1748-720X

121 found

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  1.  1
    A Critique of Expertise for Health Law.Aziza Ahmed - 2022 - Journal of Law, Medicine and Ethics 50 (4):682-686.
    A health justice approach requires a progressive critique of expertise. This article considers two recent high-profile cases – the mask mandate and medication abortion -- to understand how we should think the mobilization of expertise in the context of public health law. Following from this, the article offers news ways to better understand how to think of the relationship between health law, expertise, and politics.
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  2.  1
    Data Sharing to Combat Segregation.Courtney Lauren Anderson - 2022 - Journal of Law, Medicine and Ethics 50 (4):769-775.
    Data sharing between housing and education agencies will provide housing agencies with resources to assist them with efforts to decrease segregation and mitigate the adverse health outcomes experienced by people of color. The Fair Housing Act has the potential to fulfill its original integrationist purpose if housing and education agencies combine resources and data to create and implement fair housing plans. The Biden Administration’s restored rule to affirmatively further fair housing pursuant to the Fair Housing Act of 1968 which seeks (...)
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  3. Why Govern Broken Tools?Ryan Calo - 2022 - Journal of Law, Medicine and Ethics 50 (4):805-806.
    In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT).1 In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going (...)
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  4.  3
    Critical Perspectives to Advance Educational Equity and Health Justice.Yael Cannon & Nicole Tuchinda - 2022 - Journal of Law, Medicine and Ethics 50 (4):776-790.
    A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students (...)
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  5.  3
    The Anti-Transgender Medical Expert Industry.Alejandra Caraballo - 2022 - Journal of Law, Medicine and Ethics 50 (4):687-692.
    Civil rights attorneys challenging laws restricting transgender rights and access to healthcare often encounter anti-transgender medical experts in litigation at various stages. The experts often maintain dubious credentials in the relevant area of medical or scientific expertise which presents a challenge that undermines equitable access to justice by introducing pseudo-science into court proceedings. This commentary will discuss the phenomenon and propose a normative path forward.
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  6.  2
    Locating Disability Within a Health Justice Framework.Jasmine E. Harris - 2022 - Journal of Law, Medicine and Ethics 50 (4):663-673.
    This Article explores the connections between disability and health justice in service of further tethering the two theories and practices. The author contends that disability should shift from marker of health inequity alone to critical demographic in the analytical and practical application of health justice. This theoretical move creates a more robust understanding of the harms of health injustice, its complexities, and, remedially, reveals underexplored legal and policy pathways to promote health justice.
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  7. Food Oppression in a Pandemic.Andrea Freeman - 2022 - Journal of Law, Medicine and Ethics 50 (4):711-718.
    COVID-related racial disparities represent a spectrum of injustices and inequalities. Focusing on food oppression, this essay argues that racism infuses food law and policy in ways that contribute to racially disparate COVID deaths and severe illnesses. USDA nutrition program participants were at a nutritional disadvantage when COVID hit. Yet, government responses focused on food insecurity, not nutritional quality. Racism against a predominantly Black and brown labor force of essential food workers — from fields to meat plants to grocery stores — (...)
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  8. Respect for Communities in Health Justice.Charlene Galarneau & Patrick T. Smith - 2022 - Journal of Law, Medicine and Ethics 50 (4):650-655.
    Health justice seeks, both conceptually and in practice, to strengthen community engagement and empowerment as an integral means of addressing health disparities. In this essay, we explore the nature of communities and their roles in health care/public health. We propose that an ethical principle of respect for communities is a requisite part of health justice. It is this respect for communities that ethically grounds health justice’s calls for greater community engagement and empowerment. Conceptions of health justice, we claim, will gain (...)
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  9. (Im)Balancing Acts: Criminalization and De-Criminalization of Social and Public Health Problems.Keon L. Gilbert & Robert S. Chang - 2022 - Journal of Law, Medicine and Ethics 50 (4):703-710.
    Racially disparate policing, prosecution, and punishment harm individuals, families, and communities. These practices must be understood within the context of the development of the criminal legal system as a means of racialized social control. This context permits a critical examination of the way criminalization has been and is still deployed to subject poor and racialized communities to systemic injustices. This commentary frames a call for interventions to integrate a health justice approach to ensure that they advance racial and health equity (...)
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  10. Federalism’s Fallacy at the Forefront of Public Health Law.James G. Hodge, Summer Ghaith & Lauren Krumholz - 2022 - Journal of Law, Medicine and Ethics 50 (4):848-851.
    Amid undulating conceptions of the role and prowess of federalism emerges its central constitutional role: protecting American liberties against unwarranted governmental intrusions. To the extent that federalism is used as a guise for withdrawing fundamental rights to abortion by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, individual rights are sacrificed in contravention of constitutional structural norms.
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  11. Letter From The Editor.Ted Hutchinson - 2022 - Journal of Law, Medicine and Ethics 50 (4):629-629.
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  12. Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study.Brian Hutler, Alessandro Blasimme, Rachel Gur-Arie, Joseph Ali, Anne Barnhill, Amelia Hood, Jeffrey Kahn, Nancy L. Perkins, Alan Regenberg & Effy Vayena - 2022 - Journal of Law, Medicine and Ethics 50 (4):791-804.
    This paper describes the results of a multi-country survey of governance approaches for the use of digital contact tracing (DCT) in response to the COVID-19 pandemic. We argue that the countries in our survey represent two distinct models of DCT governance, both of which are flawed. The “data protection model” emphasizes privacy protections at the expense of public health benefit, while the “emergency response model” sacrifices transparency and accountability, prompting concerns about excessive governance surveillance. The ethical and effective use of (...)
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  13. Cooperative Ownership as a Health Justice Intervention: A Promising Strategy to Advance Health Equity Through the U.S. Childcare System.Kimberly Libman, Sabrina Adler & Pratima Musburger - 2022 - Journal of Law, Medicine and Ethics 50 (4):738-744.
    In their article “The Civil Rights of Health,” Harris and Pamukcu offer a framework connecting civil rights law to unjust health disparities with the aims of creating broader awareness of subordination as a root cause of health inequities and inviting policymakers to create new legal tools for dismantling it. They close with a call to action. Here, we take up their call and propose cooperative enterprises as a health justice intervention. To illustrate this conceptualization, we focus on childcare as a (...)
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  14.  2
    The Right to Repair Software-Dependent Medical Devices.Lars Lindgren, Aaron S. Kesselheim & Daniel B. Kramer - 2022 - Journal of Law, Medicine and Ethics 50 (4):857-859.
    The “right to repair” movement highlights opportunities to reduce health care costs and promote public health resilience through increased competition in the way in which medical devices are serviced and updated over their lifespan. We review legislative and legal facets of third-party repair of medical devices, and conclude with specific recommendations to help this market function more efficiently to the benefit of patients and health care systems.
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  15. Stemming the Shadow Pandemic: Integrating Sociolegal Services in Contact Tracing and Beyond.Medha D. Makhlouf - 2022 - Journal of Law, Medicine and Ethics 50 (4):719-725.
    The COVID-19 pandemic has shed light on the challenges of complying with public health guidance to isolate or quarantine without access to adequate income, housing, food, and other resources. When people cannot safely isolate or quarantine during an outbreak of infectious disease, a critical public health strategy fails. This article proposes integrating sociolegal needs screening and services into contact tracing as a way to mitigate public health harms and pandemic-related health inequities.
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  16. An Examination of the Ethical and Legal Limits in Implementing “Traceback Testing” for Deceased Patients.Jessica Martucci, Yolanda Prado, Alan F. Rope, Sheila Weinmann, Larissa White, Jamilyn Zepp, Nora B. Henrikson, Heather Spencer Feigelson, Jessica Ezzell Hunter & Sandra Soo-Jin Lee - 2022 - Journal of Law, Medicine and Ethics 50 (4):818-832.
    This paper examines the legal and ethical aspects of traceback testing, a process in which patients who have been previously diagnosed with ovarian cancer are identified and offered genetic testing so that their family members can be informed of their genetic risk and can also choose to undergo testing. Specifically, this analysis examines the ethical and legal limits in implementing traceback testing in cases when the patient is deceased and can no longer consent to genetic testing.
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  17. A Health Justice Agenda for Local Governments to Address Environmental Health Inequities.Gregory Miao, Katie Hannon Michel & Tina Yuen - 2022 - Journal of Law, Medicine and Ethics 50 (4):758-768.
    This article explores how structural failures in major federal environmental regulations —which set a foundation for environmental protections nationwide— have helped create many of the environmental injustices that people of color and low-income communities experience. It continues by examining how local governments have reinforced and compounded the failures in the federal environmental regulatory framework, particularly through local land use decisions. Although states play an important role in environmental policymaking, we propose that local governments are uniquely positioned to utilize a health (...)
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  18.  2
    Health Justice Through the Lens of Power.Jamila Michener - 2022 - Journal of Law, Medicine and Ethics 50 (4):656-662.
    Health justice is an aspirational north star for scholars, practitioners, and anyone who refuses to accept the status quo of profound inequity. But what does health justice mean? How ought we conceptualize it? There is no correct answer to these questions, but any robust rendering of health justice must account for power and politics. This article posits that the path to health justice requires political struggle taking (at least) two forms: (1) building power and (2) breaking power. Building power for (...)
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  19.  3
    Health Justice and Just Transition.Aysha Pamukcu & Angela P. Harris - 2022 - Journal of Law, Medicine and Ethics 50 (4):674-681.
    Just Transition, an organizing and policy framework that has emerged from the climate justice movement, is a powerful upstream response to health disparities created by structural subordination. As the public health field pushes itself to address the “cause of causes” of unjust health disparities, Just Transition offers new possibilities for partnership and collective action. We introduce the Just Transition framework, explain its relevance to the concerns of health justice advocates, and provide some examples of how the two movements might work (...)
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  20.  3
    The $5 Billion Hop: Glatiramer Acetate and the US Patent System. [REVIEW]Neeraj G. Patel & Aaron S. Kesselheim - 2022 - Journal of Law, Medicine and Ethics 50 (4):852-856.
    New research and a government investigation have shed light on an anticompetitive practice called “Product Hopping” and specifically how it was employed in the case of the multiple sclerosis treatment glatiramer acetate beginning in 2014, which cost payers billions of dollars. We examine this case as well as a separate, impending instance of product hopping.
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  21.  1
    It’s Not Irony, it’s Interest Convergence: A CRT Perspective on Racism as Public Health Crisis Statements.Tomar Pierson-Brown - 2022 - Journal of Law, Medicine and Ethics 50 (4):693-702.
    Racism as a Public Health Crisis Statements (RPHCs) acknowledge the reality that racism must be eradicated to ensure health justice: a fair and just opportunity for all individuals to be healthy. Scholars of critical race theory (CRT) have expressed doubt when it comes to the capacity of law-related institutions to catalyze or sustain anti-racist efforts. These strains of skepticism underscore the question of whether so many RPHCS were adopted precisely because, in many instances, they were merely symbolic acts. This commentary (...)
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  22.  1
    A Strategy to Improve Knowledge about Health Policies and Evidence Based Medicine for Federal Magistrates in Health Litigation.Bruno Barcala Reis, Marcus Carvalho Borin, Marcelo Dolzany da Costa, Renato Luís Dresch, Osvaldo Oliveira Araújo Firmo, Melissa Cordeiro Guimarães, Carla Barbosa Morais Alves, Nelio Gomes Ribeiro Junior, Ludmila Peres Gargano, Túlio Tadeu Rocha Sarmento, Pâmela Santos Azevedo, Isabella de Figueiredo Zuppo, Carolina Zampirolli Dias, Vania Cristina Canuto dos Santos, Juliana Alvares-Teodoro, Francisco de Assis Acurcio & Augusto Afonso Guerra - 2022 - Journal of Law, Medicine and Ethics 50 (4):807-817.
    Several countries maintain universal health coverage, which implies responsibility to organize delivery formats of healthcare services and products for citizens. In Brazil, the health system has a principle of universal access for more than 30 years, but many deficiencies remain and the country observes a day practice for those seeking judicial decisions to determine provision of healthcare.
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  23.  1
    Trauma Informed Delinquency Interventions for Native Children.Addie C. Rolnick & Patricia Sekaquaptewa - 2022 - Journal of Law, Medicine and Ethics 50 (4):745-757.
    Recognizing the links between childhood trauma and delinquency, many juvenile delinquency systems now emphasize trauma-informed care. This commentary examines established and emerging research on childhood trauma among American Indian and Alaska Native children and contrasts the development and implementation of “trauma-informed” approaches in state and tribal juvenile systems. It identifies three key innovations present in tribal models and calls for further research to identify best practices that work for Native children and tribal communities.
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  24. Doctors and Pain Patients Avoid “Ruan” in the Supreme Court.Mark A. Rothstein, Mary E. Dyche & Julia Irzyk - 2022 - Journal of Law, Medicine and Ethics 50 (4):841-847.
    Physicians’ fear of criminal prosecution for prescribing opioid analgesics is a major reason why many chronic pain patients are having an increasingly difficult time obtaining medically appropriate pain relief. In Ruan v. United States, 142 S. Ct. 2370 (2022), the Supreme Court unanimously vacated two federal convictions under the Controlled Substances Act. The Court held that the government must prove that the defendant knowingly or intentionally acted in an unauthorized manner.
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  25. We Charge Vaccine Apartheid?Matiangai Sirleaf - 2022 - Journal of Law, Medicine and Ethics 50 (4):726-737.
    Vaccine apartheid is creating conditions that make for premature death, poverty, and disease in racialized ways. Invoking vaccine apartheid as opposed to euphemisms like vaccine nationalism, is necessary to highlight the racialized distributional consequences of vaccine inequities witnessed with COVID-19. This commentary clarifies the concept of vaccine apartheid against the historical and legal usage of apartheid. It reflects on the connections and important disjunctions between the two. It places the intellectual property regime under heightened scrutiny for reform and transformation. This (...)
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  26.  3
    Challenges and Prospects for the Intergovernmental Negotiations to Develop a New Instrument on Pandemic Prevention, Preparedness, and Response.Steven Solomon - 2022 - Journal of Law, Medicine and Ethics 50 (4):860-863.
    As Member States of the World Health Organization (WHO) meet in an International Negotiating Body (INB) to negotiate a legally binding agreement on pandemic prevention, preparedness, and response for submission to the 77th World Health Assembly in May 2024, this column reflects on creative but pragmatic and complementary means that could be employed in the short timeframe allotted for this important global health law negotiation.
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  27.  1
    Ethical and Public Health Considerations for Integrating Physicians with Mental Disability into the Physician Workforce.Amalia R. Sweet, Omar Sultan Haque & Michael Ashley Stein - 2022 - Journal of Law, Medicine and Ethics 50 (4):833-840.
    Stigma against mental disability within the medical field continues to impose significant barriers on physicians and trainees. Here, we examine several implications of this stigma and propose steps toward greater inclusion of persons with mental disabilities in the physician workforce.
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  28.  1
    INTRODUCTION: What is Health Justice?Lindsay F. Wiley, Ruqaiijah Yearby, Brietta R. Clark & Seema Mohapatra - 2022 - Journal of Law, Medicine and Ethics 50 (4):636-640.
    Health justice is both a community-led movement for power building and transformational change and a community-oriented framework for health law scholarship. Health justice is distinguished by a distinctively social ethic of care that reframes the relationship between health care, public health, and the social determinants of health, and names subordination as the root cause of health inequities.
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  29.  3
    The Social Determinants of Health, Health Disparities, and Health Justice.Ruqaiijah Yearby - 2022 - Journal of Law, Medicine and Ethics 50 (4):641-649.
    Although the federal government and several state governments have recognized that structural discrimination limits less privileged groups’ ability to be healthy, the measures adopted to eliminate health disparities do not address structural discrimination. Historical and modern-day structural discrimination in employment has limited racial and ethnic minority individuals’ economic conditions by segregating them to low wage jobs that lack benefits, which has been associated with health disparities. Health justice provides a community-driven approach to transform the government’s efforts to eliminate health disparities, (...)
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  30.  2
    Trans porting the Burden of Justification: The Unethicality of Transgender Conversion Practices.Florence Ashley - 2022 - Journal of Law, Medicine and Ethics 50 (3):425-442.
    Transgender conversion practices involve attempts to alter, discourage, or suppress a person’s gender identity and/or desired gender presentation, including by delaying or preventing gender transition. Proponents of the practices have argued that they should be allowed until proven to be harmful. Drawing on the notion of expressive equality, I argue that conversion practices are prima facie unethical because they do not fulfill a legitimate clinical purpose and conflict with the self-understanding of trans communities.
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  31.  4
    Utilization and Costs of Gender-Affirming Care in a Commercially Insured Transgender Population.Kellan Baker & Arjee Restar - 2022 - Journal of Law, Medicine and Ethics 50 (3):456-470.
    Many transgender people need specific medical services to affirm their gender. Gender-affirming health care services may include mental health support, hormone therapy, and reconstructive surgeries. Scant information is available about the utilization or costs of these services among transgender people, which hinders the ability of insurance regulators, health plans, and other health care organizations to plan and budget for the health care needs of this population and to ensure that transgender people can access medically necessary gender-affirming care. This study used (...)
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  32.  1
    A Response to The Flaw in Formalist Accounts of Circumvention Tourism.I. Glenn Cohen - 2022 - Journal of Law, Medicine and Ethics 50 (3):566-568.
    It is a huge pleasure to engage with Prof. Shaw’s careful and close reading of my article. Though almost a decade old, many of the issues are becoming only more relevant as it seems that Roe v Wade will be overruled in the U.S. and travel for abortion will become a sad reality.1 I appreciate how deeply Prof. Shaw interacts with my article and am full of praise for his work, but given the small space allocated here I only focus (...)
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  33. Bakke Redux — Affirmative Action and Physician Diversity in Peril.Gregory Curfman - 2022 - Journal of Law, Medicine and Ethics 50 (3):619-624.
    This article examines the legal arguments that may lead the Supreme Court to overrule precedent and strike down affirmative action in university admissions. Given the critical importance of a diverse physician workforce for our Nation’s health care system, the potential reversal of affirmative action admission programs in medical schools may have severe negative consequences. This article discusses the implications for health care should the Court issue an opinion restricting or eliminating affirmative action in higher education.
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  34.  12
    The Woman Who Cried Pain: Do Sex-Based Disparities Still Exist in the Experience and Treatment of Pain?Diane E. Hoffmann, Roger B. Fillingim & Christin Veasley - 2022 - Journal of Law, Medicine and Ethics 50 (3):519-541.
    Over twenty years have passed since JLME published “The Girl Who Cried Pain: A Bias Against Women in the Treatment of Pain.” This article revisits the conclusions drawn in that piece and explores what we have learned in the last two decades regarding the experience of men and women who have chronic pain and whether women continue to be treated less aggressively for their pain than men.
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  35.  1
    State Laws for Autonomous Vehicle Safety, Equity, and Insurance.Johnathon P. Ehsani, Andrew Hellinger, Daniel K. Stephens, Mi Ran Shin, Jeffrey Michael, Alexander McCourt & Jon Vernick - 2022 - Journal of Law, Medicine and Ethics 50 (3):569-582.
    This article reviews existing state laws related to autonomous vehicle (AV) safety, equity, and automobile insurance. Thirty states were identified with relevant legislation. Of these, most states had one or two relevant laws in place. Many of these laws were related to safety and insurance requirements. Data are needed to evaluate the effectiveness of these laws in order to guide further policy development.
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  36.  2
    Unbending the Light: Changing Laws and Policies to Make Transgender Health Visible; Reflections of an Advocate.Jamison Green - 2022 - Journal of Law, Medicine and Ethics 50 (3):509-518.
    This essay describes an instrumental advocate’s development, engagement, and accomplishments in transgender health at the intersection of law and medicine. Reflecting on the evolution of insurance policy reforms in conjunction with the need to increase the availability of clinicians who can understand and respectfully treat transgender patients, the author demonstrates how visibility, tenacity, and ingenuity can create far-reaching change.
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  37.  5
    Supreme Court Impacts in Public Health Law: 2021-2022.James G. Hodge, Erica N. White, Rebecca Freed & Nora Wells - 2022 - Journal of Law, Medicine and Ethics 50 (3):608-612.
    In a dynamic term of the United States Supreme Court in 2021-2022 a series of critical cases raise manifold changes and impacts on individual and communal health through 10 key areas ranging from abortions to vaccinations.
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  38.  1
    Letter From The Editor.Ted Hutchinson - 2022 - Journal of Law, Medicine and Ethics 50 (3):393-393.
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  39.  3
    The Use and Ethics of Digital Twins in Medicine.Jeffrey David Iqbal, Michael Krauthammer & Nikola Biller-Andorno - 2022 - Journal of Law, Medicine and Ethics 50 (3):583-596.
    Digital Health Technologies (DHTs) are currently the subject of much debate both in terms of their technological frontiers as well as their ethical, legal and societal implications (ELSI). Regulation of such technologies as medical devices currently lacks behind their level of adoption. Digital Twins are the next evolution step of such DHTs and provide an opportunity to anticipate and act on ELSI before adoption again leaps before the necessary review. This paper introduces the concept and use cases of digital twins (...)
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  40.  1
    Improving “Life Chances”: Surveying the Anti-Transgender Backlash, and Offering a Transgender Equity Impact Assessment Tool for Policy Analysis.M. Killian Kinney, Taylor E. Pearson & Julie Ralston Aoki - 2022 - Journal of Law, Medicine and Ethics 50 (3):489-508.
    Transgender inclusion within policy is critical yet often missing. We propose a policy tool to assesses human rights, access to resources and opportunities, language, and implications for transgender and nonbinary individuals. Acknowledging trans communities as standard policy practice can serve as an essential practice to shift dialogue and norms.
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  41.  3
    Reconceiving Reproductive Health Systems: Caring for Trans, Nonbinary, and Gender-Expansive People During Pregnancy and Childbirth.Elizabeth Kukura - 2022 - Journal of Law, Medicine and Ethics 50 (3):471-488.
    This article examines the barriers to quality health care for transgender, nonbinary, and gender-expansive people (TGE) who become pregnant and give birth, identifying three central themes that emerge from the literature. These insights suggest that significant reform will be necessary to ensure access to safe, appropriate, gender-affirming care for childbearing TGE people. After illustrating the need for systemic changes that untether rigid gender norms from the provision of perinatal care, the article proposes that the Midwives Model of Care offers a (...)
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  42.  1
    Local Legal Strategies to Increase Vaccination During the COVID-19 Pandemic — Lessons from New York City.Lisa Landau, Naomi Stark & Dave A. Chokshi - 2022 - Journal of Law, Medicine and Ethics 50 (3):613-618.
    Vaccine mandates played a critical role in the success of New York City’s COVID-19 response. By relying on evidence as a substantive basis for the mandates and adhering to procedural requirements and precedent, New York City leveraged its position and expertise as a local governmental authority to devise mandatory vaccine policies that withstood numerous legal challenges. New York City’s experience highlights the role of municipal government in mounting a meaningful public health response, and the strategies adopted by NYC may provide (...)
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  43.  1
    Introduction.Admiral Rachel L. Levine - 2022 - Journal of Law, Medicine and Ethics 50 (3):399-400.
    I am pleased to introduce this Symposium Edition of The Journal of Law, Medicine & Ethics, which covers a wide variety of issues central to transgender health equity, including Dr. Jamison Green’s recent history of the impact of health policy on transgender communities, Dr. M. Killian Kinney, Ms. Taylor Pearson, and Prof. Julie Ralston Aoki’s transgender equity tool for legal policy analysis, and Prof. Elizabeth Kukura’s analysis of issues facing transgender, non-binary, and gender expansive people during pregnancy and childbirth.
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  44.  1
    A Global Health Law Trilogy: Transformational Reforms to Strengthen Pandemic Prevention, Preparedness, and Response.Benjamin Mason Meier, Roojin Habibi & Lawrence O. Gostin - 2022 - Journal of Law, Medicine and Ethics 50 (3):625-627.
    This is a pivotal moment in the global governance response to pandemic threats, with crucial global health law reforms being undertaken simultaneously in the coming years: the revision of the International Health Regulations, the implementation of the GHSA Legal Preparedness Action Package, and the negotiation of a new Pandemic Treaty. Rather than looking at these reforms in isolation, it will be necessary to examine how they fit together, considering: how these reforms can complement each other to support pandemic prevention, preparedness, (...)
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  45.  2
    Mitochondrial Replacement Therapy: In Whose Interests?Forough Noohi, Vardit Ravitsky, Bartha Maria Knoppers & Yann Joly - 2022 - Journal of Law, Medicine and Ethics 50 (3):597-602.
    Mitochondrial replacement therapy (MRT), also called nuclear genome transfer and mitochondrial donation, is a new technique that can be used to prevent the transmission of mitochondrial DNA diseases. Apart from the United Kingdom, the first country to approve MRT in 2015, Australia became the second country with a clear regulatory path for the clinical applications of this technique in 2021. The rapidly evolving clinical landscape of MRT makes the elaboration and evaluation of the responsible use of this technology a pressing (...)
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  46.  2
    Transcending the Gender Binary under International Law: Advancing Health-Related Human Rights for Trans* Populations.Aoife M. O’Connor, Maximillian Seunik, Blas Radi, Liberty Matthyse, Lance Gable, Hanna E. Huffstetler & Benjamin Mason Meier - 2022 - Journal of Law, Medicine and Ethics 50 (3):409-424.
    Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender — dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health (...)
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  47.  1
    Food Marketing to — and Research on — Children: New Directions for Regulation in the United States.Jennifer L. Pomeranz & Dariush Mozaffarian - 2022 - Journal of Law, Medicine and Ethics 50 (3):542-550.
    As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in the food and beverage (...)
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  48.  1
    Intersectional Structural Stigma, Community Priorities, and Opportunities for Transgender Health Equity: Findings from TRANSforming the Carolinas.Tonia Poteat & Ames Simmons - 2022 - Journal of Law, Medicine and Ethics 50 (3):443-455.
    In this manuscript, “Intersectional Structural Stigma, Community Priorities, and Opportunities for Transgender Health Equity,” Poteat and Simmons outline the legal and policy barriers that impede efforts to end the HIV epidemic among transgender people in the South. They present qualitative and quantitative data from a community engaged research study conducted with transgender adults and other key stakeholders as well as finding from an analysis of policies impacting transgender people in both states. Violence prevention and decriminalization are highlighted as key policy (...)
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  49.  1
    Expanding the Role of Bioethics in Translational Science.Mark A. Rothstein - 2022 - Journal of Law, Medicine and Ethics 50 (3):603-607.
    Translational science attempts to accelerate and increase the significance of research progressing from bench to bedside. Support from the NIH through its institutional grant program has increased the prominence and importance of translational science. The inclusion of a broadly based bioethics component to translational science presents an opportunity for bioethics scholars to address fundamental social issues, including the effects of translational science on public health, health equity, and human flourishing. Large-scale bioethical inquiries could examine research priorities, unintended consequences of research, (...)
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  50.  1
    The Flaw in Formalist Accounts of Circumvention Tourism.Joshua Shaw - 2022 - Journal of Law, Medicine and Ethics 50 (3):551-562.
    Circumvention tourism is a form of medical tourism that occurs when individuals travel abroad to receive treatments that are a prohibited in their home county but permitted in a destination country. This paper explores this question: Should individuals be punished by their home countries for engaging in circumvention tourism? Guido Pennings, Richard Huxtable, and I. Glenn Cohen have all argued for what I call “formalist accounts” of circumvention tourism. That is, they try to show that certain types of circumvention tourism (...)
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  51.  2
    Revisiting the Ethics of Circumvention Tourism.Jeremy C. Snyder - 2022 - Journal of Law, Medicine and Ethics 50 (3):563-565.
    In the context of medical tourism, circumvention tourism consists of traveling abroad with the intention of participating in a health-related activity that is prohibited in one’s own country but not in the destination country. This practice raises a host of legal and ethical questions that focus on how the traveler should be treated once they have returned home. Joshua Shaw1 deftly shows that the question of whether circumvention tourists should be punished in their home countries is not something that can (...)
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  52.  2
    EDITORS’ INTRODUCTION: Transgender Health Equity and the Law.Heather Walter-McCabe & Alexander Chen - 2022 - Journal of Law, Medicine and Ethics 50 (3):401-408.
    The sheer gamut of issues impacting transgender health equity may seem overwhelming. This article seeks to introduce readers to the breadth of topics addressed in this symposium edition, exemplifying that transgender health equity is a global issue that demands an interdisciplinary approach.
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  53.  4
    COVID-19 Law Lab: Building Strong Legal Evidence.Kashish Aneja, Katherine Ginsbach, Katie Gottschalk, Sam Halabi & Francesca Nardi - 2022 - Journal of Law, Medicine and Ethics 50 (2):385-389.
    The COVID-19 Law Lab platform enables quantitative representation of epidemic law and policies in a given country for multiple years, enabling governments and researchers to compare countries, and learn about the impacts and drivers of policy choices. The Law Lab initiative is designed to address the urgent need for quality legal information to support the study of how law and policy can be used to effectively manage this, and future, pandemic(s).
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  54.  6
    Restricting Unhealthy Food and Beverage Advertising in Brazil: Challenges and Opportunities.Isabel Barbosa, Fábio Leite & Carla Britto - 2022 - Journal of Law, Medicine and Ethics 50 (2):291-297.
    In Brazil, the normative landscape around advertising is complex, not the least because of limitations inherent to dispute resolution mechanisms. Focusing on unhealthy food and beverages, this case study identifies some challenges and opportunities around advertising restrictions, including in relation to freedom of speech.
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  55.  6
    Chile: Front-of-Package Warning Labels and Food Marketing.Marcelo Campbell - 2022 - Journal of Law, Medicine and Ethics 50 (2):298-303.
    This Article aims to show how the food industry has instrumentalized the right to freedom of expression to oppose innovative laws in Chile aimed at creating healthier food environments.
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  56.  2
    Balancing the Scales: The Role of the Canadian Supreme Court in Weighing Commercial Speech and Public Health.Margherita M. Cinà & Francesca E. Nardi - 2022 - Journal of Law, Medicine and Ethics 50 (2):276-283.
    The Supreme Court of Canada has established that commercial speech is protected under the Canadian Charter of Rights and Freedoms and that commercial speech exists along a continuum of utility and value, which is balanced against objectives such as public health. This article examines jurisprudence to determine when infringements on commercial speech are acceptable, analyzing considerations of evidence, rational connections between policies and outcomes, proportionality, and minimal impairment.
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  57.  2
    Commercial Speech and Unhealthy Food Products: Conceptual Foundations.Andrés Constantin, Martín Hevia & Oscar A. Cabrera - 2022 - Journal of Law, Medicine and Ethics 50 (2):216-220.
    This article provides a critical and philosophical assessment of arguments invoked for and against the constitutional protection of commercial expression and the regulation of commercial speech with a focus on the commercialization of unhealthy food products.
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  58.  5
    Immigration Law, Public Health, and the Future of Public Charge Policymaking.C. Joseph Ross Daval - 2022 - Journal of Law, Medicine and Ethics 50 (2):336-338.
    U.S. immigration law has excluded noncitizens likely to become a “public charge” since 1882. When the Trump administration proposed a new Rule expanding the interpretation of that exclusion in 2018, over 55,000 people wrote public comments. These comments, overwhelmingly opposed to the change, are the subject of Rachel Fabi and Lauren Zahn’s insightful article in this issue of The Journal of Law, Medicine, and Ethics. The themes they identify resonate with the history of the public charge exclusion, which has always (...)
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  59.  2
    Voluntary Registries: Filling the Critical Information Gap in First Response to Mental Health Crises.Brandon del Pozo & Michael T. Compton - 2022 - Journal of Law, Medicine and Ethics 50 (2):364-367.
    We argue that voluntary mental health registries integrated into the 9-1-1 system, where patients and caregivers can establish a repository of this information, will help fill this information gap by enabling first responders to quickly understand the context of a call for service with a mental health component, and to make better informed decisions. Despite valid concerns about privacy, stigma, and the potential misuse of protected health information, such registries, if carefully designed and administered, can improve the health outcomes of (...)
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  60.  2
    Freedom of Commercial Expression and Public Health Protection at the European Court of Human Rights.Kanstantsin Dzehtsiarou & Amandine Garde - 2022 - Journal of Law, Medicine and Ethics 50 (2):250-258.
    This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing concerns, and in particular freedom of commercial (...)
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  61.  2
    Economic Perspectives on Food Choices, Marketing, and Consumer Welfare.Fabrice Etilé - 2022 - Journal of Law, Medicine and Ethics 50 (2):221-232.
    This contribution reviews the main normative and positive arguments that can used in the assessment of the costs and benefits of food marketing restrictions, focusing specifically on theoretical and empirical developments in the economics of advertising, consumer behaviour and industrial organization since the 70s.
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  62.  6
    Public Reason, Public Comments, and Public Charge: A Case Study in Moral & Practical Reasoning in Federal Rulemaking.Rachel Fabi & Lauren Zahn - 2022 - Journal of Law, Medicine and Ethics 50 (2):322-335.
    The “public charge” rule is a long-standing immigration policy that seeks to determine the likelihood that a prospective immigrant will become dependent on the government for subsistence. When the Trump administration sought to expand the criteria that would count against an applicant for permanent residency to include public benefits historically excluded from the calculation, thousands of commenters wrote to oppose or support the proposed changes. This paper explores the moral and practical reasons commenters provided for their position on the public (...)
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  63.  4
    The Regulation of Alcohol Marketing in France: The Loi Evin at Thirty.Marine Friant-Perrot & Amandine Garde - 2022 - Journal of Law, Medicine and Ethics 50 (2):312-316.
    When adopted in 1991, the French Loi Evin was pioneering as one of the first in the world to regulate alcohol marketing as extensively. This short contribution assesses whether it remains fit for purpose over 30 years later. To this effect, it assesses its main provisions, considers the legislative amendments that have ensued as well as the extensive interpretation French courts have given of its scope, before concluding that the prospects for its revisions are limited in the near future.
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  64.  4
    INTRODUCTION Commercial Speech and the Commercial Determinants of Health.Amandine Garde & Oscar A. Cabrera - 2022 - Journal of Law, Medicine and Ethics 50 (2):212-215.
    This article introduces a symposium that aims to identify and critically assess the legal strategies of the tobacco, alcohol, and food and beverage industries which rest on freedom of expression arguments.
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  65.  3
    Commercial Speech and the Prohibition of Tobacco Advertising: The Colombian Constitutional Court Approach.Silvia Serrano Guzmán, Ariadna Tovar Ramírez & Oscar A. Cabrera - 2022 - Journal of Law, Medicine and Ethics 50 (2):259-264.
    This article argues that the decision by the Columbian high court to totally ban the advertising and promotion of tobacco products is sound and could indeed be applied to other types of harmful products.
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  66.  5
    Regressive Federalism, Rights Reversals, and the Public’s Health.James G. Hodge, Jennifer L. Piatt, Leila Barraza & Erica N. White - 2022 - Journal of Law, Medicine and Ethics 50 (2):375-379.
    As the United States emerges from the worst public health threat it has ever experienced, the Supreme Court is poised to reconsider constitutional principles from bygone eras. Judicial proposals to roll back rights under a federalism infrastructure grounded in states’ interests threaten the nation’s legal fabric at a precarious time. This column explores judicial shifts in 3 key public health contexts — reproductive rights, vaccinations, and national security — and their repercussions.
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  67.  2
    Letter From The Editor.Ted Hutchinson - 2022 - Journal of Law, Medicine and Ethics 50 (2):205-205.
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  68.  2
    The Right to Free Commercial Speech in South Africa and its Tension with Public Health Interventions.Petronell Kruger, Mikateko Mafuyeka & Safura Abdool Karim - 2022 - Journal of Law, Medicine and Ethics 50 (2):317-321.
    Marketing restrictions to promote public health invoke competing rights, including the right to free commercial speech which for-profit entities use to protect their freedom to market products without undue regulation. The right to free commercial speech in South Africa has been developed through case law since the adoption of the first democratic constitution in South Africa in 1996. This article examines the impact of this recent judgment and the lessons for policy makers to ensure effective regulation of marketing practices in (...)
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  69.  4
    Public Health Protection vs. Freedom of Commercial Expression in the Commonwealth Caribbean: The Case of Barbados and Jamaica.Shajoe J. Lake, Kimberley E. Benjamin & Nicole D. Foster - 2022 - Journal of Law, Medicine and Ethics 50 (2):304-311.
    This chapter explores the tension between public health protection and the freedom of commercial expression from a Commonwealth Caribbean perspective, using Barbados and Jamaica as case studies. First, it assesses the scope of the right to freedom of expression. Second, it discusses the extent to which public health protection may be invoked to restrict the right. The authors conclude that Commonwealth Caribbean states can justifiably restrict commercial speech about tobacco products and unhealthy food and beverages.
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  70.  3
    The Influence of the Commercial Speech Doctrine on the Development of Tobacco Control Measures.Margherita Melillo - 2022 - Journal of Law, Medicine and Ethics 50 (2):233-239.
    Among the attempts to oppose tobacco control legislation, the tobacco industry has alleged violations of its right to commercial speech. While the disputes that took place in some jurisdictions like the United States (US), Canada, or the European Union (EU) have been already analyzed, much less is known about how, globally, this doctrine has influenced the adoption of tobacco control measures. This article contributes to filling this gap by illustrating how the commercial speech doctrine influenced the negotiations of the Framework (...)
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  71.  6
    For the Common Good: Philosophical Foundations of Research Ethics by Alex John London.Jaime O’Brien, Lou Vinarcsik & Yolonda Wilson - 2022 - Journal of Law, Medicine and Ethics 50 (2):390-391.
    Written in response to what he recognizes as the problematic philosophical underpinnings of “orthodox research ethics,” Alex John London’s For the Common Good reimagines what is called for in any effort to create a better system of oversight and regulation in biomedical research. London weaves a common thread — justice — through this historical and critical account of the practice of research ethics and its organization of stakeholders, institutions and regulations. By introducing the idea of “a common good” London reframes (...)
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  72.  3
    Commercial Advertising of Alcohol: Using Law to Challenge Public Health Regulation.Paula O’Brien, Robin Room & Dan Anderson-Luxford - 2022 - Journal of Law, Medicine and Ethics 50 (2):240-249.
    In most countries, the alcohol industry enjoys considerable freedom to market its products. Where government regulation is proposed or enacted, the alcohol industry has often deployed legal arguments and used legal forums to challenge regulation. Governments considering marketing regulation must be cognizant of relevant legal constraints and be prepared to defend their policies against industry legal challenges.
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  73.  8
    United States: Protecting Commercial Speech under the First Amendment.Jennifer L. Pomeranz - 2022 - Journal of Law, Medicine and Ethics 50 (2):265-275.
    The First Amendment to the US Constitution protects commercial speech from government interference. Commercial speech has been defined by the US Supreme Court as speech that proposes a commercial transaction, such as marketing and labeling. Companies that produce products associated with public health harms, such as alcohol, tobacco, and food, thus have a constitutional right to market these products to consumers. This article will examine the evolution of US law related to the protection of commercial speech, often at the expense (...)
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  74.  2
    Voluntary Registries to Support Improved Interaction Between Police and People Living with Dementia.Heather M. Ross, Diana M. Bowman & Jessica M. Wani - 2022 - Journal of Law, Medicine and Ethics 50 (2):348-363.
    This paper provides an overview of the societal impact of a rising dementia population and examines the legal and ethical implications posed by voluntary registries as a community-oriented solution to improve interactions between law enforcement and individuals with dementia. It provides a survey of active voluntary registries across the United States, with a focus on Arizona, which has the highest projected growth for individuals living with dementia in the country.
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  75.  1
    The OSHA COVID-19 Case and the Scope of the Occupational Safety and Health Act.Mark A. Rothstein - 2022 - Journal of Law, Medicine and Ethics 50 (2):368-374.
    The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for COVID-19 applicable to private sector employers with 100 or more employees. Among other things, the ETS required employers either to mandate employee vaccination or weekly testing and wearing masks.
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  76.  12
    Optimizing Ethics Engagement in Research: Learning from the Ethical Complexities of Studying Opioid Use in Pregnancy.Seema K. Shah, Marielle Gross & Camille Nebeker - 2022 - Journal of Law, Medicine and Ethics 50 (2):339-347.
    Research on opioid use in pregnancy is critically important to understand how the opioid epidemic has affected a generation of children, but also raises significant ethical and legal challenges. Embedded ethicists can help to fill the gaps in ethics oversight for such research, but further guidance is needed to help strike the balance between integration and independence.
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  77.  4
    Right to Commercial Speech in India: Construing Constitutional Provisions Harmoniously in Favor of Public Health.Sujitha Subramanian, Nikhil Gokani & Kashish Aneja - 2022 - Journal of Law, Medicine and Ethics 50 (2):284-290.
    This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of public health (...)
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  78.  7
    High-Priced Sickle Cell Gene Therapies Threaten to Exacerbate US Health Disparities and Establish New Pricing Precedents for Molecular Medicine.Frazer A. Tessema, Ameet Sarpatwari, Leah Z. Rand & Aaron S. Kesselheim - 2022 - Journal of Law, Medicine and Ethics 50 (2):380-384.
    Gene therapies to treat sickle cell disease are in development and are expected to have high costs. The large eligible population size — by far, the largest for a gene therapy — poses daunting budget challenges and threatens to exacerbate health disparities for Black patients, who make up the vast majority of American sickle cell patients.
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  79.  2
    Advancing Legal Preparedness through the Global Health Security Agenda.Ana Ayala, Adam Brush, Shuen Chai, Jose Fernandez, Katherine Ginsbach, Katie Gottschalk, Sam Halabi, Divya Hosangadi, Dawn Mapatano, John Monahan, Carla Moretti, Mara Pillinger, Gabriela Silvana Ramirez & Emily Rosenfeld - 2022 - Journal of Law, Medicine and Ethics 50 (1):200-203.
    The Global Health Security Agenda (GHSA) is a multilateral, multisectoral partnership comprised of more than 70 countries, international organizations, foundations, and businesses to strengthen global health security.
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  80.  6
    The Racialized Marketing of Unhealthy Foods and Beverages: Perspectives and Potential Remedies.Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson & Shiriki Kumanyika - 2022 - Journal of Law, Medicine and Ethics 50 (1):52-59.
    We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard targeted marketing strategies, and societal forces of structural racism, and contributes to health disparities.
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  81.  2
    Anti-Selection is Only the Beginning.Valarie K. Blake & Jessica L. Roberts - 2022 - Journal of Law, Medicine and Ethics 50 (1):155-156.
    This commentary proposes the need for greater normative debate about when, if ever, it is appropriate for insurers to access genetic information of insureds to combat anti-selection.
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  82.  3
    Raqeeb, Haastrup, and Evans: Seeking Consistency through a Distributive Justice-Based Approach to Limitation of Treatment in the Context of Dispute.James Cameron, Julian Savulescu & Dominic Wilkinson - 2022 - Journal of Law, Medicine and Ethics 50 (1):169-180.
    When is life-sustaining treatment not in the best interests of a minimally conscious child? This is an extremely difficult question that incites seemingly intractable debate. And yet, it is the question courts in England and Wales have set out to answer in disputes about appropriate medical treatment for children.
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  83.  1
    Law Journals, Biomedical Journals, and Restraint of Trade.Gregory Curfman - 2022 - Journal of Law, Medicine and Ethics 50 (1):195-199.
    Law journals permit submission of scholarly manuscripts to multiple journals concurrently, but biomedical journals strictly forbid submission of manuscripts to more than one journal at a time. Law journals may then compete for the publication of manuscripts. This article examines whether the single-submission requirement of biomedical journals may constitute restraint of trade in violation of Section 1 of the Sherman Antitrust Act.
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  84.  5
    Engaging Disability Rights Law to Address the Distinct Harms at the Intersection of Race and Disability for People with Substance Use Disorder.Kelly K. Dineen & Elizabeth Pendo - 2022 - Journal of Law, Medicine and Ethics 50 (1):38-51.
    This article examines the unique disadvantages experienced by Black people and other people of color with substance use disorder in health care, and argues that an intersectional approach to enforcing disability rights laws offer an opportunity to ameliorate some of the harms of oppression to this population.
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  85.  3
    Consciousness, Conflations, and Disability Rights: Denials of Care for Children in the “Minimally Conscious State”.Joseph J. Fins - 2022 - Journal of Law, Medicine and Ethics 50 (1):181-183.
    This essay critiques the fiercely utilitarian allocation scheme of Cameron et al. Children have no hope of recovery if their lives are cut short based on administrative protocols that misrepresent the nature of their conditions. Unilateral futility judgements - especially those based on a false predicate - are discriminatory. When considering the best interests of children, we should see possibility in disability and not advance ill-informed utilitarianism.
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  86.  4
    Anti-Selection & Genetic Testing in Insurance: An Interdisciplinary Perspective.Dexter Golinghorst, Aisling de Paor, Yann Joly, Angus S. Macdonald, Margaret Otlowski, Richard Peter & Anya E. R. Prince - 2022 - Journal of Law, Medicine and Ethics 50 (1):139-154.
    Anti-selection occurs when information asymmetry exists between insurers and applicants. When an applicant knows they are at high risk of loss, but the insurer does not, the applicant may try to use this knowledge differential to secure insurance at a lower premium that does not match risk.
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  87.  1
    An Antiracist Health Equity Agenda for Education.Thalia González, Alexis Etow & Cesar De La Vega - 2022 - Journal of Law, Medicine and Ethics 50 (1):31-37.
    With growing public health and health equity challenges brought to the forefront — following racialized health inequities resulting from COVID-19 and a national reckoning around the deaths of unarmed Black victims at the hands of police — an antiracist health equity agenda has emerged naming racism a public health crisis.
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  88.  5
    INTRODUCTION Health Law and Anti-Racism: Reckoning and Response.Michele Goodwin & Holly Fernandez Lynch - 2022 - Journal of Law, Medicine and Ethics 50 (1):10-14.
    Law and racism are intertwined, with legal tools bearing the potential to serve as instruments of oppression or equity. This Special Issue explores this dual nature of health law, with attention to policing in the context of mental health, schools, and substance use disorders; industry and the environment in the context of food advertising, tobacco regulation, worker safety, and environmental racism; health care and research in the context of infant mortality, bias in medical applications of AI, and diverse inclusion in (...)
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  89.  1
    Reminiscences on Public Health Law and JLME.James G. Hodge - 2022 - Journal of Law, Medicine and Ethics 50 (1):190-194.
    This contribution marks a dual milestone at the intersection of public health law and JLME: my 50th publication of a substantive manuscript in the 50th anniversary of the Journal in 2022. In recognition of these coinciding landmarks, this installment of the Public Health Law column for JLME features observations and reflections of the field based largely on prior publications.
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  90.  3
    FOREWORD The American Society of Law, Medicine & Ethics and Anti-Racism.Ted Hutchinson - 2022 - Journal of Law, Medicine and Ethics 50 (1):8-9.
    This foreword explores the history of the American Society of Law, Medicine & Ethics and its role in promoting access to care and antiracism.
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  91.  1
    Letter From The Editor.Ted Hutchinson - 2022 - Journal of Law, Medicine and Ethics 50 (1):1-1.
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  92.  7
    Harmony between Man and His Environment: Reviewing the Trump Administration’s Changes to the National Environmental Policy Act in the Context of Environmental Racism.Gabrielle M. Kolencik - 2022 - Journal of Law, Medicine and Ethics 50 (1):76-84.
    This article aims to show how the changes to NEPA by the Trump Administration are an act of environmental racism, defined as “[i]ntentional or unintentional racial discrimination in environmental policy‐making, enforcement of regulations and laws, and targeting of communities for the disposal of toxic waste and siting of polluting industries.”.
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  93.  12
    Mitigating Racial Bias in Machine Learning.Kristin M. Kostick-Quenet, I. Glenn Cohen, Sara Gerke, Bernard Lo, James Antaki, Faezah Movahedi, Hasna Njah, Lauren Schoen, Jerry E. Estep & J. S. Blumenthal-Barby - 2022 - Journal of Law, Medicine and Ethics 50 (1):92-100.
    When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other disadvantaged groups.
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  94.  2
    Applying Civil Rights Law to Clinical Research: Title VI’s Equal Access Mandate.Joseph Liss, David Peloquin, Mark Barnes & Barbara E. Bierer - 2022 - Journal of Law, Medicine and Ethics 50 (1):101-108.
    Title VI of the Civil Rights Act of 1964 and its implementing regulations prohibit federally-funded educational institutions and healthcare centers from engaging in disparate impact discrimination “on the ground of race, color, or national origin” in all of their operations.
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  95.  4
    “We Who Champion the Unborn”: Racial Poisons, Eugenics, and the Campaign for Prohibition.Paul A. Lombardo - 2022 - Journal of Law, Medicine and Ethics 50 (1):124-138.
    Dr. Caleb Williams Saleeby was the author of Parenthood and Race Culture, one of the first monographs on eugenics and the book that popularized the term “racial poison.” The goal of eradicating the racial poisons and the harm they caused — particularly infant morbidity and mortality — provided common ground for early 20th century reformers, and their concerns fed the growing support for legal prohibition of alcohol.
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  96.  4
    Structural Discrimination in Pandemic Policy: Essential Protections for Essential Workers.Abigail E. Lowe, Kelly K. Dineen & Seema Mohapatra - 2022 - Journal of Law, Medicine and Ethics 50 (1):67-75.
    An inordinate number of low wage workers in essential industries are Black, Hispanic, or Latino, immigrants or refugees — groups beset by centuries of discrimination and burdened with disproportionate but preventable harms during the COVID-19 pandemic.
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  97.  4
    Towards Racial Justice: The Role of Medical-Legal Partnerships.Medha D. Makhlouf - 2022 - Journal of Law, Medicine and Ethics 50 (1):117-123.
    Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because its original framing was not explicitly race conscious.
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  98.  6
    New Preemption as a Tool of Structural Racism: Implications for Racial Health Inequities.Courtnee Melton-Fant - 2022 - Journal of Law, Medicine and Ethics 50 (1):15-22.
    Preemption is a substantial threat to achieving racial equity. Since 2011, states have increasingly preempted local governments from enacting policies that can improve health and reduce racial inequities such as increasing minimum wage and requiring paid leave.
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  99.  1
    An Inter–professional Antiracist Curriculum Is Paramount to Addressing Racial Health Inequities.L. Kate Mitchell, Maya K. Watson, Abigail Silva & Jessica L. Simpson - 2022 - Journal of Law, Medicine and Ethics 50 (1):109-116.
    Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life course trajectory and how to engage in antiracist practice and health equity work.
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  100.  23
    Framing Black Infant and Maternal Mortality.Wangui Muigai - 2022 - Journal of Law, Medicine and Ethics 50 (1):85-91.
    This article looks to the past to consider how government officials, health professionals, and legal authorities have historically framed racial disparities in birth and the lasting impact these explanations have had on Black birthing experiences and outcomes.
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  101.  4
    Attorneys as Healthcare Advocates: The Argument for Attorney-Prepared Advance Healthcare Directives.Grace W. Orsatti - 2022 - Journal of Law, Medicine and Ethics 50 (1):157-168.
    Attorneys regularly prepare advance healthcare directives for their clients. However, attorneys, lacking medical knowledge, are often considered ill-equipped to prepare such documents. While recognizing and respecting the fact that advance healthcare directives pertain to decisions about medical care, this article proposes that attorneys who prepare advance healthcare directives nevertheless provide a valuable service.
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  102.  2
    Fresh Take: Pitfalls of the FDA’s Proposed Menthol Ban.Amirala Pasha & Richard Silbert - 2022 - Journal of Law, Medicine and Ethics 50 (1):60-66.
    In April 2021, the U.S. Food and Drug Administration announced its intention to ban menthol flavoring in cigarettes and cigars. The Agency’s decision was based in part on the disproportionate impact of menthol flavoring in Black communities.
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  103.  1
    Physician Liability for Suicide after Negligent Tapering of Opioids.Mark A. Rothstein & Julia Irzyk - 2022 - Journal of Law, Medicine and Ethics 50 (1):184-189.
    The precipitous and medically contraindicated reduction or “tapering” of opioids for patients with chronic pain due to serious medical conditions has caused needless suffering and, increasingly, suicide. Physicians could be liable for wrongful death based on negligent tapering of opioids.
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  104.  8
    Involuntary Commitment as “Carceral-Health Service”: From Healthcare-to-Prison Pipeline to a Public Health Abolition Praxis.Rafik Wahbi & Leo Beletsky - 2022 - Journal of Law, Medicine and Ethics 50 (1):23-30.
    Involuntary commitment links the healthcare, public health, and legislative systems to act as a “carceral health-service.” While masquerading as more humane and medicalized, such coercive modalities nevertheless further reinforce the systems, structures, practices, and policies of structural oppression and white supremacy. We argue that due to involuntary commitment’s inextricable connection to the carceral system, and a longer history of violent social control, this legal framework cannot and must not be held out as a viable alternative to the criminal legal system (...)
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  105. Opportunities and Challenges of Generic Pre-Exposure Prophylaxis Drugs for HIV.Jeromie Ballreich, Timothy Levengood & Rena M. Conti - 2022 - Journal of Law, Medicine and Ethics 50 (S1):32-39.
    Antiretroviral pre-exposure prophylaxis (PrEP) is protective against HIV. Low utilization rates amongst HIV vulnerable populations are due in part to the high cost of PrEP. Generic PrEP offers the potential to improve health at significantly reduced costs. In this study, we examine early utilization patterns and prices for generic PrEP. We discuss the opportunities and challenges for generic PrEP to improve health among HIV vulnerable populations.
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  106. Using the International Pandemic Instrument to Revitalize the Innovation Ecosystem for Antimicrobial R&D.Andrea Morales Caceres, Kshitij Kumar Singh, Timo Minssen, Susan Rogers Van Katwyk & Steven J. Hoffman - 2022 - Journal of Law, Medicine and Ethics 50 (S2):47-54.
    The inclusion of antimicrobial resistance (AMR) and increased research and development (R&D) capabilities in the most recent outline of the World Health Organization’s (WHO’s) international pandemic instrument signals an opportunity to reshape pharmaceutical R&D system in favour of antimicrobial product development. This article explains why the current innovation ecosystem has disadvantaged the creation of antimicrobial products for human use. It also highlights how the COVID-19 pandemic experience can inform and stimulate international cooperation to implement innovative R&D incentives to bring new, (...)
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  107.  1
    Health Departments and PrEP: A Missed Opportunity for Public Health.Carri Comer & Ricardo Fernández - 2022 - Journal of Law, Medicine and Ethics 50 (S1):64-68.
    The paper identifies common barriers and challenges to Pre-Exposure Prophylaxis (PrEP) uptake and offers considerations for state and local public health departments to address barriers and retool infrastructure to increase access to PrEP to new users. Authors identify synergistic opportunities with federal agencies and funders to advance PrEP-related HIV prevention efforts, that prioritize strategies and investments to provide PrEP to people who could benefit from the intervention but are unaware of PrEP or struggle to access it. Barriers discussed and examined (...)
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  108. INTRODUCTION Disrupting the Status Quo: Building Equitable Access to HIV PrEP in the US through Innovative Financing.Jeremiah Johnson, Amy Killelea, Derek T. Dangerfield, Chris Beyrer & Joshua M. Sharfstein - 2022 - Journal of Law, Medicine and Ethics 50 (S1):5-7.
    This special edition ofJLMEcenters on a novel proposal for a national PrEP access program with the potential to break through a failed status quo.
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  109.  1
    An Awkward Fit: Antimicrobial Resistance and the Evolution of International Health Politics (1945-2022).Claas Kirchhelle & Scott H. Podolsky - 2022 - Journal of Law, Medicine and Ethics 50 (S2):40-46.
    Despite being acknowledged as a major global health challenge, growing levels of antimicrobial resistance (AMR) in pathogenic and commensal organisms have proven an awkward fit for international health frameworks. This article surveys the history of attempts to coordinate international responses to AMR alongside the origins and evolution of the current international health regulations (IHR). It argues that AMR, which encompasses a vast range of microbial properties and ecological reservoirs, is an awkward fit for the ‘organismal’ philosophies that centre on the (...)
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  110.  1
    Antimicrobial Resistance Must Be Included in the Pandemic Instrument to Ensure Future Global Pandemic Readiness.Shajoe J. Lake, Susan Rogers Van Katwyk & Steven J. Hoffman - 2022 - Journal of Law, Medicine and Ethics 50 (S2):9-16.
    Governments can practically and efficiently address zoonoses and AMR –– within the text of the new pandemic instrument. We map the overlaps between the efforts needed to address both pandemic threats, including (a) equitable access to medical countermeasures, (b) globally integrated One Health surveillance and monitoring systems, (c) increased technical and laboratory capacity in low- and middle-income countries, and (d) a regulatory framework governing the stewardship of antimicrobials. By outlining potential dual-purpose provisions that could be included in a pandemic instrument, (...)
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  111. Implementing a National PrEP Program: How Can We Make It Happen?David Malebranche, Ariel Watriss & Derek T. Dangerfield - 2022 - Journal of Law, Medicine and Ethics 50 (S1):51-54.
    Inequities in HIV pre-exposure prophylaxis (PrEP) use persist in the United States. Although scientific advancement in delivery options and social acceptance of PrEP has occurred in the past decade, gaps remain in ensuring that this sexual health program is available to all. Components of what a national PrEP program for all would look like are discussed.
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  112.  1
    Embed Multisectoral Governance Mechanisms in the Pandemic Instrument for One Health Action.Michèle Palkovits, Susan Rogers Van Katwyk & Steven J. Hoffman - 2022 - Journal of Law, Medicine and Ethics 50 (S2):71-81.
    Despite recognition of the health threat posed at the human-animal-environment interface long ago, One Health has yet to be meaningfully integrated into global pandemic prevention, preparedness, and response. With the negotiation of the forthcoming pandemic instrument under the auspices of the World Health Organization (WHO) — which is inherently restricted by its own constitutional mandate of human health — One Health risks being sidelined once again. Genuine integration of a One Health approach into this treaty will require the institutionalization of (...)
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  113.  1
    Equitable Access to Antibiotics: A Core Element and Shared Global Responsibility for Pandemic Preparedness and Response.Mengying Ren, Anthony D. So, Sujith J. Chandy, Mirfin Mpundu, Arturo Quizhpe Peralta, Kerstin Åkerfeldt, Anna Karin Sjöblom & Otto Cars - 2022 - Journal of Law, Medicine and Ethics 50 (S2):34-39.
    Securing equitable antibiotic access as an essential component for health system resilience and pandemic preparedness requires a systems perspective. This article discusses key components that need to be coordinated and paired with adequate financing and resources to ensure antibiotic effectiveness as a global public good, which should be central while discussing a new global agreement.
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  114. Navigating the Intersection of PrEP and Medicaid.Naomi Seiler, Claire Heyison, Gregory Dwyer, Aaron Karacuschansky, Paige Organick-Lee, Alexis Osei, Helen Stoll & Katie Horton - 2022 - Journal of Law, Medicine and Ethics 50 (S1):60-63.
    The proposed national PrEP program would serve people who are uninsured as well as those enrolled in Medicaid. In this article, the authors propose a set of recommendations for the proposed program’s implementers as well as state Medicaid agencies and Medicaid managed care organizations to ensure PrEP access for people enrolled in Medicaid, addressing gaps without undermining the important role of the Medicaid program in covering and promoting PrEP.
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  115. From COVID Vaccines to HIV Prevention: Pharmaceutical Financing and Distribution for the Public’s Health.Joshua M. Sharfstein, Rena M. Conti & Rebekah E. Gee - 2022 - Journal of Law, Medicine and Ethics 50 (S1):29-31.
    The complexity and inefficiency of the U.S. health care system complicates the distribution of life-saving medical technologies. When the public health is at stake, however, there are alternatives. The proposal for a national PrEP program published in this issue of the Journal applies some of the lessons of the national COVID vaccine campaign to HIV prevention. In doing so, it draws on other examples of public health approaches to the financing of medical technology, from vaccines for children to hepatitis C (...)
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  116. Letter From The Editor.Margo G. Smith - 2022 - Journal of Law, Medicine and Ethics 50 (S2):1-1.
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  117. Introduction: AMR Belongs in the Pandemic Instrument.Susan Rogers Van Katwyk & Kevin Outterson - 2022 - Journal of Law, Medicine and Ethics 50 (S2):6-8.
    In the wake of COVID-19, the World Health Organization established an Intergovernmental Negotiating Body to negotiate a new instrument for pandemic prevention, preparedness, and response. This special issue of the Journal of Law, Medicine & Ethics brings together multidisciplinary scholarship to address the question of whether antimicrobial resistance should be included in this new instrument. Drawing from disciplines including law, anthropology, history, public health, public policy, economics, and veterinary medicine, this special issue explores the inclusion of AMR within the Pandemic (...)
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  118. Adopting a Global AMR Target within the Pandemic Instrument Will Act as a Catalyst for Action.Susan Rogers Van Katwyk, Lindsay Wilson, Isaac Weldon, Steven J. Hoffman & Mathieu J. P. Poirier - 2022 - Journal of Law, Medicine and Ethics 50 (S2):64-70.
    Ensuring that life-saving antimicrobials remain available as effective treatment options in the face of rapidly rising levels of antimicrobial resistance will require a massive and coordinated global effort. Setting a collective direction for progress is the first step towards aligning global efforts on AMR. This process would be greatly accelerated by adopting a unifying global target — a well-defined global target that unites all countries and sectors. The proposed pandemic instrument — with its focus on prevention, preparedness and response — (...)
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  119. Governance Processes and Challenges for Reservation of Antimicrobials Exclusively for Human Use and Restriction of Antimicrobial Use in Animals.J. Scott Weese, Guilherme Antonio Da Costa Junior, Bruno Gonzalez-Zorn, Laura Y. Hardefeldt, Jorge Matheu, Gerard Moulin, Stephen W. Page, Ruby Singh, Junxia Song & Olafur Valsson - 2022 - Journal of Law, Medicine and Ethics 50 (S2):55-63.
    The majority of antimicrobials that are produced are administered to animals, particularly food animals. While the overall impact of antimicrobial use in animals on antimicrobial resistance in humans and the environment is unclear, it undeniably has a role. Yet, some degree of antimicrobial use in animals is necessary for animal health and welfare purposes. Balancing the benefits and risks of antimicrobial use in animals is challenging because of the complexity of the problem and limitations in available data. However, a range (...)
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  120. A Pandemic Instrument Can Start Turning Collective Problems into Collective Solutions by Governing the Common-Pool Resource of Antimicrobial Effectiveness.Isaac Weldon, Kathy Liddell, Susan Rogers Van Katwyk, Steven J. Hoffman, Timo Minssen, Kevin Outterson, Stephanie Palmer, A. M. Viens & Jorge Viñuales - 2022 - Journal of Law, Medicine and Ethics 50 (S2):17-25.
    To address the complex challenge of global antimicrobial resistance (AMR), a pandemic treaty should include mechanisms that 1) equitably address the access gap for antimicrobials, diagnostic technologies, and alternative therapies; 2) equitably conserve antimicrobials to sustain effectiveness and access across time and space; 3) equitably finance the investment, discovery, development, and distribution of new technologies; and 4) equitably finance and establish greater upstream and midstream infection prevention measures globally. Biodiversity, climate, and nuclear governance offer lessons for addressing these challenges.
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  121.  1
    A Pandemic Instrument can Optimize the Regime Complex for AMR by Striking a Balance between Centralization and Decentralization.Isaac Weldon, Safaa Yaseen & Steven J. Hoffman - 2022 - Journal of Law, Medicine and Ethics 50 (S2):26-33.
    Global antimicrobial resistance (AMR) is currently governed by a decentralized regime complex composed of multiple institutions with overlapping and sometimes conflicting principles, norms, rules, and procedures. Such a decentralized regime complex provides certain advantages and disadvantages when compared to a centralized regime. A pandemic instrument can optimize the regime complex for AMR by leveraging the strengths of both centralization and decentralization. Existing climate treaties under the UNFCCC offer lessons for achieving this hybrid approach.
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