bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Regulation of Dental Licensing: The Dark Ages?
Authors: Friedland Bernard , Valachovic Richard W. 
Published: February 2021

Current state laws regulating the licensure of dentists place severe restrictions upon the freedom of movement of practitioners. Most state laws were enacted during a period when a strong rationale for regulating public health and welfare existed. Today, these laws hamper the free movement of dentists and are anachronisms in an era of national standards and practices. The authors contend that the extant laws rest upon outdated assumptions and serve economic and protectionist goals rather than public health and safety.This Article examines the history and application of the traditional justifications for state licensure and their present ramifications. The authors suggest that replacing the current regulatory system with a national clinical examination and a national licensure program will best serve the interests of the public and the dental profession.
Heckler v. Campbell and the Grid: Are Disability Claimants Entitled to Examples of Suitable Jobs?
Authors: Smith Mark S. 
Published: February 2021

AbstractThe Social Security Administration promulgated the medical-vocational guidelines (the grid) in 1978 in order to improve consistency and efficiency in disability claim adjudications. The grid takes administrative notice of the availability of jobs suited to claimants’ capabilities, eliminating the need to make such a determination on a case-by-case basis.In Heckler v. Campbell, the Supreme Court held that the grid is valid and that the Secretary of Health and Human Services cannot be required to give specific examples of jobs available in the national economy. In so doing, the Court reversed the Second Circuit, which had required the Secretary to give claimants examples of jobs suited to their individual characteristics to assure them adequate notice of the issues involved in their hearings.This Case Comment contends that the Supreme Court misperceived the Second Circuit's purpose in requiring the Secretary to provide specific examples of available jobs. Nonetheless, the Comment argues that the Supreme Court decision does not foreclose requiring such examples to assure adequate notice and to aid in resolving adjudicative factual issues. This Comment concludes that such a requirement would improve the efficiency, accuracy and consistency of Social Security disability determinations.
Statutory Classification of Cocaine as a Narcotic: An Illogical Anachronism
Authors: Schultz Carl B. 
Published: February 2021

AbstractAlthough cocaine is pharmacologically not a narcotic, federal and state drug control laws have classified it as one from 1922 through the present. In many states and under federal law, the classification is part of a statutory scheme that imposes substantially more severe penalties for offenses involving cocaine than for offenses involving other nonnarcotic drugs.This Note examines the circumstances surrounding the adoption and maintenance of the legal classification of cocaine as a narcotic. It then reviews two of the many cases that have rejected claims that the classification is unconstitutional. The Note concludes that, despite its constitutionality, the inaccurate classification is not only illogical and unnecessary to a legislative goal of strictly penalizing cocaine offenses, but is counterproductive as well.
A Trojan Horse Goes to Court: Bolger v. Youngs Drug Products Corp.
Authors: Mason Mark 
Published: February 2021

AbstractIn Bolger v. Youngs Drug Products Corp., the Supreme Court held that a statute prohibiting the mailing of unsolicited advertisements for contraceptives was unconstitutional as applied to Youngs's advertisements for condoms. The decision rested on a balancing of the first amendment's grant of free speech with the Government's interest in safeguarding an individual's privacy. The Court noted that the advertisements promoted the flow of information on contraception, and pertained to constitutionally protected private activity. This Case Comment argues that the Court's decision is sound and criticizes the view of the concurring opinion that shielding individuals from potentially offensive speech is a substantial governmental interest. The Comment concludes that the Court's decision expands upon precedent which established an individual's right of privacy regarding the use of contraceptives.
Communicable Disease and Mental Health: Restrictions of the Person
Authors: Grad Frank P. 
Published: February 2021

AbstractLaws for the protection of public health control either the environment, as in the case of sanitation or air pollution regulations, or human conduct. This Article deals with limitations imposed upon individuals in order to prevent the spread of communicable disease and the harm resulting from mental illness. The restraints discussed include compulsory examination and immunization, and forms of compulsory detention or commitment.This Article is a revised chapter of the author's Public Health Law Manual, first published by the American Public Health Association in 1965. The Manual is intended to help public health professionals to understand the law relevant to their practice, and to apply it more effectively.
Use and Misuse of Epidemiologic Data in the Courtroom: Denning the Limits of Inferential and Particularistic Evidence in Mass Tort Litigation
Authors: Ginzburg Harold M. 
Published: February 2021

AbstractMedical epidemiology is the cornerstone for understanding the safety and efficacy of drugs and medical devices. Epidemiologic principles provide a statistical basis for determining correlations, and ultimately mathematical causation, between two series of events. Medical epidemiologic evidence and statistical inferences are useful and are now routinely accepted in the courtroom.The complex distribution systems that provide fungible goods throughout the country often preclude the identification of the specific source of an allegedly defective product. An expansion of the principles established in Summers v. Tice and Ybarra v. Spangard provide a logical and rational means for the courts to address products liability issues in cases involving multiple and unnamed defendants.This Article discusses the impact of epidemiology on the judicial process, both in the nature of judicial decision-making and in the nature of the law itself. Part III B discusses the “weak” and “strong” versions of the traditional preponderance of the evidence rule, as recast by recent products liability litigation. The remainder of the Article defines the useful and appropriate scope of epidemiologic evidence, concluding that “intentless” epidemiologic evidence alone cannot support an award of punitive damages.
Sex, Lies, and Health Insurance: Employer-Provided Health Insurance Coverage of Abortion and Infertility Services and the ADA
Authors: Millsap D'Andra 
Published: February 2021

Employer-provided health insurance is the backbone of the American healthcare system. Approximately four of five workers in the United States rely on health insurance provided in the workplace. Many commentators view access to health insurance as the doorway to the entire health care system. Thus, the benefits covered in employer-provided health insurance plans significantly impact millions of Americans.While private health insurance usually covers abortion, it traditionally has not covered infertility services. Eventually, courts began interpreting insurance contracts to include infertility treatments, leading insurers to specifically exclude infertility treatments from coverage. In response, a few states have passed mandated benefit laws requiring coverage of some or all infertility services. Nonetheless, current insurance coverage of infertility services is “erratic” at best. These exclusions are significant because abortion and infertility services can be quite expensive for the millions of infertile couples seeking some sort of infertility treatment and the millions of women who have abortions each year.
Do the Dead Have Interests? Policy Issues for Research After Life
Authors: Nelkin Dorothy , Andrews Lori 
Published: February 2021

The importance of establishing rights in a dead body has been, and will continue to be, magnified by scientific advancements. The recent explosion of research and information concerning biotechnology has created a market place in which human tissues are routinely sold to and by scientists, physicians and others. The human body is a valuable resource.The body of the nineteenth century philosopher Jeremy Bentham is on display in a glass cage at University College, London. Bentham applied his utilitarian perspectives to the body by suggesting that corpses, including his own, would be of greater use to society stuffed and displayed as an “auto-icon” rather than simply buried away. Preserved, exhibited and studied, the corpse, he said, could serve “moral, political, honorific, dehonorific, money-saving, money getting, commemorative, genealogical, architectural, theatrical, and phrenological” ends.
Rejecting Organs: The Organ Allocation Process and the Americans with Disabilities Act
Authors: Whitehead Angela T. 
Published: February 2021

On January 23, 1996, thirty-five-year-old Sandra Jensen became a pioneer in medical history as the first person with Down's Syndrome to undergo heart and lungs transplants. Based on her mental retardation, Stanford University and the University of California at San Diego initially rejected Jensen's candidacy for the procedure. The surgeons believed that a person with Down's Syndrome lacked the mental capacity to navigate through possible complications that could occur after the transplantation, even though Jensen, a disabilities activist, had lived on her own since the age of twenty. Eventually, overwhelming pressure from community members, advocacy groups, family and friends forced the hospitals to reconsider and, after closer inquiry, Stanford surgeons admitted to misjudging Jensen's ability to comprehend her condition and to handle her own care. A month after surgery, Jensen took her first trip outside Stanford Medical Center to begin her journey toward recovery.Jensen expressed the hope that her story would “open doors for others with disabilities who are in need of transplants.” In fact, her experience prompted local politicians to consider legislation barring discrimination against mentally disabled individuals in need of transplants.
Constitutional Aspects of Physician-Assisted Suicide After Lee v. Oregon
Authors: Canick Simon M. 
Published: February 2021

Dying is personal. And it is profound. For many, the thought of an ignoble end, steeped in decay, is abhorrent. A quiet, proud death, bodily integrity intact, is a matter of extreme consequence.—Justice William BrennanTwo recent circuit court decisions have reinvigorated the debate over the constitutional, practical and ethical ramifications of physician-assisted suicide. In Compassion in Dying v. Washington, the Ninth Circuit Court of Appeals held that a liberty interest exists in choosing the time and manner of one’s death. The court found this right to outweigh all asserted state interests, and concluded that, with respect to competent, terminally ill adults, Washington’s prohibition of assisted suicide violates the Due Process Clause of the U.S. Constitution. The ruling effectively strikes down laws against assisted suicide in all of the states in the Ninth Circuit.In April 1996, in Quill v. Vacco, the Second Circuit Court of Appeals held that New York’s prohibition of assisted suicide violates the U.S. Constitution’s Equal Protection Clause.
First Nursing Homes, Next Managed Care?: Limiting Liability in Quality of Care Cases under the False Claims Act
Authors: Peterson Kathleen A. 
Published: February 2021

AbstractSuppose that a managed care enrollee visited his plan doctor for treatment of an injury. Next, suppose that either: (1) the doctor, through her own negligence, failed to render the appropriate standard of care, or (2) although the doctor desired to treat the injury consistent with what she believed to be professionally recognized standards of health care, the managed care organization (MCO) administrators denied coverage. Consequently, the doctor failed to render adequate treatment. In both cases, under traditional jurisprudence, the enrollee might have a medical malpractice action against his doctor. He also might try to hold the health plan liable under a variety of agency and direct liability theories. However, under the same facts, if a federal program such as Medicare paid for the enrollee's care, he might act as a whistleblower (or “relator“) against the doctor and the organization, conceivably recruiting the federal government to foot the litigation and investigation bills and increasing his recovery.
Direct Contracts, Data Sharing and Employee Risk Selection: New Stakes for Patient Privacy in Tomorrow's Health Insurance Markets
Authors: Studdert David M. 
Published: February 2021

The central storage and easy accessibility of computerized data vastly increase the potential for abuse of that information, and I am not prepared to say that future developments will not demonstrate the necessity of some curb on such technology.—Justice William BrennanIn the decades since the United States Supreme Court’s consideration of informational privacy inWhalen v. Roe, a couple of worthy candidates to fulfill Justice Brennan's premonition of “future developments” have emerged. One is the nature of information technology itself. Today, sensitive health care data are generated, stored, transferred, and deployed toward countless uses with astonishing facility. An inexorable shift toward computerized medical records and fully automated storage and transfer of patient information is well underway.
FDA Regulation: An Answer to the Questions of Human Cloning and Germline Gene Therapy
Authors: Willgoos Christine 
Published: February 2021

The possibility of cloning human beings, although widely contemplated for several decades, became scientifically feasible in 1997 when the first mammal created through cloning procedures was born. Although the scientists who created the sheep named Dolly did not intend to apply cloning techniques to human beings, news media worldwide began predicting such an application.In the United States, public and political outcry against the possibility of cloning human beings was loud and swift. Almost immediately, President Clinton announced a ban on federal funding of cloning research and requested the National Bioethics Advisory Commission to prepare a report evaluating the technology and making recommendations concerning its use. Several bills were introduced in Congress which prohibited federal funding and/or banned cloning in both the public and private sectors. As of yet, none of these bills have been passed.
Regulation of “Downstream” and Direct Risk Contracting by Health Care Providers: The Quest for Consumer Protection and a Level Playing Field
Authors: Witten Douglas J. 
Published: February 2021

As the delivery of health care continues to be driven by the search for an effective means of reducing costs and delivering quality care to the greatest number of people, the industry’s most beloved buzzword, perhaps ironically, has a root suggestive of a focus on the individual: capitation. Capitation is widely regarded as a method of realigning economic incentives to produce fair prices, real value, reasonable profits and predictable growth in costs. Beyond being a mere payment mechanism, though, capitation represents a philosophical shift to an accountability approach for health care delivery, whereby focus is increasingly directed on prepayment of capitated amounts to risk-bearing delivery systems. Theoretically, the premise makes a great deal of sense: to achieve optimal levels of care delivered and costs expended, incentivize persons or entities with the capacity to affect such levels so that economic reward follows effective management of resources.Placing, for the moment, faith in the innovative capacities of the marketplace to seek out new and improved ways of delivering health care, the evolution of the capitated arrangement indicates that what makes sense in theory may also make sense in practice.
Risk factors associated with post-transplant superior caval vein stenosis in paediatric heart transplantation
Authors: Tadros Hanna J. , Whelihan Joseph T. , Lopez-Colon Dalia , Fudge James C. , Vyas Himesh V. , Fricker Fredrick J. , Pietra Biagio A. , Bleiweis Mark S. , Gupta Dipankar 
Published: February 2021

AbstractSuperior caval vein stenosis is a known complication following paediatric heart transplantation. Herein, we sought to assess the incidence of superior caval vein stenosis and need for intervention in a single centre paediatric heart transplantation programme. A retrospective review was performed to identify variables associated with superior caval vein stenosis and need for intervention. Patients were identified based on angiographic and echocardiographic signs of superior caval vein stenosis. Of 204 paediatric heart transplantation recipients, 49 (24.0%) had evidence of superior caval vein stenosis with no need for catheter intervention and 12 (5.9%) had superior caval vein stenosis requiring catheter intervention. Overall, patients with superior caval vein stenosis with and without intervention had more cavopulmonary anastomosis (41.7%; 20.4%), pre-transplant superior caval vein procedures (41.7%; 28.6%), and bicaval approach (100.0%; 98.0%), compared to the group with no stenosis (11.9% and p = 0.015, 12.6% and p = 0.004, 73.4% and p < 0.001, respectively). Smaller recipients and donors were more likely to need intervention. Intervention was also seen more frequently in recipients who were younger at diagnosis (4.7 years) compared to non-intervention (13.3 years; p = 0.040). Re-intervention was required in 16.7% patients (n = 2) and was not associated with any complications.
Publishing patterns and citation performance of manuscripts relating to paediatric cardiology and congenital heart disease: comparison of paediatric and adult cardiology journals
Authors: Loomba Rohit S. , Sheikholeslami Danielle , Dyson Aaron , Flores Saul , Villarreal Enrique , Torres Juan , Jacobs Jeffrey P. , Anderson Robert H. 
Published: February 2021

AbstractBackground:Manuscripts pertaining to paediatric cardiology and CHD have been published in a variety of different journals. Some of these journals are journals dedicated to paediatric cardiology, while others are focused on adult cardiology. Historically, it has been considered that manuscripts published in journals devoted to adult cardiology have greater citation potential. Our objective was to compare citation performance between manuscripts related to paediatric cardiology and CHD published in paediatric as opposed to adult cardiology journals.Methods:We identified manuscripts related to paediatric cardiology and CHD published in five journals of interest during 2014. Of these journals, two were primarily concerned with adult cardiology, while the other three focused on paediatric cardiology. The number of citations for these identified manuscripts was gathered from Google Scholar. We compared the number of citations (median, mean, and 25th, 75th, 90th, and 95th percentiles), the potential for citation, and the h-index for the identified manuscripts.Results:We identified a total of 828 manuscripts related to paediatric cardiology and congenital heart as published in the 5 journals during 2014. Of these, 783 (95%) were published in journals focused on paediatric cardiology, and the remaining 45 (5%) were published in journals focused on adult cardiology. The median number of citations was 41 in the manuscripts published in the journals focused on adult cardiology, as opposed to 7 in journals focused on paediatric cardiology (p < 0.001). The h-index, however, was greater for the journals dedicated to paediatric cardiology (36 versus 27).Conclusion:Approximately one-twentieth of the work relating to paediatric cardiology and CHD is published in journals that focus predominantly on adult cardiology. The median number of citations is greater when manuscripts concerning paediatric cardiology and CHD are published in these journals focused on adult cardiology. The h-index, however, is higher when the manuscripts are published in journals dedicated to paediatric cardiology. While such publications in journals that focus on adult cardiology tend to generate a greater number of citations than those achieved for works published in specialised paediatric cardiology journals, the potential for citation is no different between the journals. Due to the drastically lower number of manuscripts published in journals dedicated to adult cardiology, however, median performance is different.
An assessment of the water use associated with Australian diets using a planetary boundary framework
Authors: Ridoutt Bradley G , Baird Danielle , Anastasiou Kim , Hendrie Gilly A 
Published: February 2021

AbstractObjective:Agriculture accounts for around 70 % of global freshwater withdrawals. As such, the food system has been identified as a critical intervention point to address water scarcity. Various studies have identified dietary patterns that contribute less to water scarcity. However, it is unclear what level of reduction is necessary to be considered sustainable. The pursuit of unnecessarily aggressive reductions could limit dietary diversity. Our objective was to assess the sustainability of water use supporting Australian dietary habits and the adequacy of current dietary guidelines.Design:Dietary intake data were obtained from the National Nutrition and Physical Activity component of the Australian Health Survey. For each individual daily diet, the water scarcity footprint was quantified, following ISO14046:2014, as well as a diet quality score. Water scarcity footprint results were compared with the planetary boundary for freshwater use downscaled to the level of an individual diet.Setting:Australia.Participants:9341 adults participating in the Australian Health Survey.Results:Dietary water scarcity footprints averaged 432·6 L-eq (95 % CI 432·5, 432·8), less than the 695 litres/person per d available to support the current global population of 7·8 billion, and the 603 litres/person per d available for a future population of 9 billion. Diets based on the Australian Dietary Guidelines required 521 L-eq/d, or 379 L-eq/d with lower water scarcity footprint food choices.Conclusions:Diets based on the Australian Dietary Guidelines were found to be within the freshwater planetary boundary. What is needed in Australia is greater compliance with dietary guidelines.
Kant’s Ideal of Systematicity in Historical Context
Authors: van den Berg Hein 
Published: February 2021

AbstractThis article explains Kant’s claim that sciences must take, at least as their ideal, the form of a ‘system’. I argue that Kant’s notion of systematicity can be understood against the background of de Jong and Betti’s Classical Model of Science (2010) and the writings of Georg Friedrich Meier and Johann Heinrich Lambert. According to my interpretation, Meier, Lambert and Kant accepted an axiomatic idea of science, articulated by the Classical Model, which elucidates their conceptions of systematicity. I show that Kant’s critique of the mathematical method is compatible with his adherence to this axiomatic conception of science. I further show that systematicity advances traditionally accepted logical ideals of scientific knowledge, which explains why Meier and Kant think that sciences must be ‘systematic’.