Uclawreview.org
Disability Discrimination Law Applies to Medical Rationing …
WEBPhoto by Piron Guillaume on Unsplash. Baylee Kalmbach, Associate Member, University of Cincinnati Law Review I. Introduction The Rehabilitation Act of 1973 was the first legal provision that protected people with disabilities from discrimination on the basis of their impairments,[1] and since then has pioneered paths for other legal and …
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Is There a Doctor in the House
WEBPhoto by Hal Gatewood on Unsplash Andrew Lance, Associate Member, University of Cincinnati Law Review I. Introduction Medical amnesty and Good Samaritan laws provide protections and immunity from prosecution when seeking assistance for a medical emergency, typically an overdose. When a person is experiencing an overdose, …
A head-spinning opinion: Supreme Court of Ohio rules mental …
WEBPhoto by Beatriz Pérez Moya on Unsplash Susana Tolentino, Associate Member, University of Cincinnati Law Review I. Introduction It is crucial to trust in the confidentiality of mental health treatment sessions because “the mere possibility of disclosure of confidential communications may impede the development of the …
The Parent Trap: Parents With Disabilities and the Flaws within
WEBBuck v. Bell, 274 U.S. 200, 205 (1927).. Id. (citing Jacobson v. Massachusetts, 197 U.S. 11, 25 (1905)).. Michael Lanci, In The Child’s Best Interests? Rethinking Consideration of Physical Disability in Child Custody Disputes, 118 Colum. L. Rev., 875, 881 (2018).. Leslie Francis, Maintaining the Legal Status of People With …
The Circuit Split on Whether Disability-Related Conduct is a …
WEBPhoto by Towfiqu barbhuiya on Unsplash Mallory Perazzo, Associate Member, University of Cincinnati College of Law I. Introduction Federal Appellate Courts disagree on whether terminating an employee based on disability-related intoxication constitutes disability-related discrimination under the Americans with Disabilities Act …
The Right to Remain Silent: First Amendment Rights of Physicians …
WEBPhoto by Edward Cisneros on Unsplash Sabrina Jemail, Associate Member, University of Cincinnati Law Review This article was originally published in Volume 89, Issue 4 of the University of Cincinnati Law Review. Click here to read the article in full. I. Introduction Is it truly possible to teach an old dog new tricks? More specifically, what if …
Opening the Door: Can a Defendant use the Confrontation Clause …
WEB"Courthouse"by formatted_dad is licensed under CC BY-NC-ND 2.0 Corey Bushle, Associate Member, University of Cincinnati Law Review I. Introduction In August of 2019, the Eighth Circuit Court of Appeals held that the Confrontation Clause of the Sixth Amendment entitles a defendant to compelled discovery when discovery will bolster the …
It’s Your Conscience Speaking: The Legal Perils of Kentucky Senate …
WEBPhoto by Greg Rosenke on Unsplash Rachel Harp, Associate Member, University of Cincinnati Law Review I. Introduction The majority of states afford healthcare providers (“HCPs”) with a conscientious objection option for particular healthcare services.[1] These legislative conscience clauses give HCPs the right to refuse to …
Should a Plaintiff Suing a Hospital under EMTALA for a Screening …
WEBCircuit Split: Should a Plaintiff Suing a Hospital under EMTALA for a Screening-Based Violation Have to Prove the Hospital had an Improper Motive? Emily Westerfield, Associate Member, University of Cincinnati Law Review Earlier this year, the Sixth Circuit upheld its 1990 ruling in Cleland v. Bronson Health Care Group, Inc. that a …
Ohio House Bill 454: Privacy Rights of Transgender Youth
WEBPhoto by Lena Balk on Unsplash Silver Flight, Associate Member, University of Cincinnati Law Review I. Introduction Over the past few years, numerous states have introduced or even passed bills that harm transgender youth.[1] Several bills, such as Ohio’s House Bill 454, prohibit gender-affirming medical care for transgender youth.[2] …
Pulling the Trigger on Amending “The Gun Control Act”: Why the …
WEBPhoto by Tingey Injury Law Firm on Unsplash Erica Anderson, Notes and Comments Chair, University of Cincinnati Law Review I. Introduction Imagine you just experienced a traumatic event. You unexpectedly lost a family member, you were assaulted, or your house burned down in a fire. You take some time off work because …
Supreme Court Preview: Dobbs v. Jackson Women’s Health
WEBPhoto by Heather Mount on Unsplash Rebekah Durham, Publications Editor, University of Cincinnati Law Review I. Introduction In the upcoming 2021 October Term, the Supreme Court of the United States will hear argument in Dobbs v. Jackson Women’s Health Organization, a case that has the potential to be one of the most significant …
Ohio House Bill 454: The Legal Case Against Bans on Gender …
WEBPhoto by Mercedes Mehling on Unsplash. Silver Flight, Associate Member, University of Cincinnati Law Review I. Introduction. Transgender youth are facing a wave of anti-transgender bills, including many that prohibit gender-affirming medical care. Ohio House Bill 454 is one of these, mandating that “[n]o physician or other medical health …
The Dangers of ABA Model Rule 1.14
WEBThe Dangers of Rule 1.14 in Legal Practice and Suggestions for Improvement. Though intended to protect client interests, Rule 1.14 in plain terms opens the door to discrimination against older clients and clients with mental health issues. [25] The Rule allows lawyers, untrained in mental health and psychology, to unilaterally make …
Reasonable Accommodations for Long-Term COVID-19 Symptoms …
WEBPhoto by Daan Stevens on Unsplash Rachel Harp, Associate Member, University of Cincinnati Law Review I. Introduction As the COVID-19 pandemic rages across the United States, concerns about long-term complications of coronavirus infection continue to grow. Some individuals who have recovered from the major COVID-19 …
Category: Coronavirus Go Health
Is the Church Amendment Constitutional
WEBThe Church Amendment permits providers at public hospitals to decline to perform an abortion if it is against their religion or moral beliefs. As of 2013, forty-seven states have passed laws modeled after the Church Amendment known as “conscience clauses” that enable health care providers to deny women abortions. [2]
The Commerce Clause and State Taxation of Inactivity
WEBThe Dormant Commerce Clause is one of the central tenets in judicial review of state tax regulations. The judiciary has invoked the Dormant Commerce Clause where a state’s tax “regulation either discriminates against out-of-state interests or unduly burdens the free flow of commerce among the states.”. [13] For example, the Court …
The United States Prison System: Is it Time for a CHANGE
WEBAccording to the Global Alliance for Behavioral Health and Social Justice, “nearly 1 in every 100 adults in the United States is in prison or jail, a rate that is 5-to-10 times higher than rates in other democracies.”. [3] Further, “since 1970, our incarcerated population has increased by 700% – 2.3 million people in jail and prison
Childbirth in Chains: Why the Shackling of Incarcerated Pregnant …
WEBPhoto by Bill Oxford on Unsplash Erica Anderson, Associate Member, University of Cincinnati Law Review “I felt like a farm animal,” cried Michele Adana. For 30 hours her wrists and ankles bled due to the chains tying her down during labor.[1] I. Introduction Unfortunately, the shackling of incarcerated pregnant women remains a …
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