Stacey A. Tovino*
Imagine a forty-year-old woman who has been diagnosed with stage IV colorectal cancer and who has less than a ten percent chance of living five years from the date of her diagnosis. The woman’s physician, who specializes in oncology and practices at a hospital affiliated with a major academic medical center, recommends a combination of surgery, chemotherapy, and radiation to treat the woman’s cancer. This article addresses the permissible scope of uses and disclosures of the woman’s individually identifiable health information that may be made by the hospital and the physician for the purpose of attempting to raise funds for the hospital’s own benefit.
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*Lincy Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. Ph.D., University of Texas Medical Branch; J.D., University of Houston Law Center; B.A., Tulane University. I thank Nancy Rapoport, Interim Dean, and Daniel Hamilton, Dean, William S. Boyd School of Law, for their financial support of this research project. I also thank William J. Winslade (James Wade Rockwell Professor of Medicine, University of Texas Medical Branch) for his comments on an earlier presentation of this article, and Jeanne Price (Director, Wiener-Rogers Law Library), Chad Schatzle (Student Services Librarian, Wiener-Rogers Law Library), Jennifer Gross (Reference and Collection Management Librarian, Wiener-Rogers Law Library), Bryn Esplin (3L and President, Health Law Society, Boyd School of Law), and Danny Gobaud (3L, Boyd School of Law) for their outstanding assistance in locating many of the sources referenced in this article. I further thank the participants of the 66th Annual Meeting of the Southeastern Association of Law Schools in Palm Beach, Florida, for their helpful comments and suggestions on earlier presentations and versions of this article.
Anders Walker*
Behind police brutality there is social brutality, economic brutality, and political brutality. — Eldridge Cleaver
Few issues in American criminal justice have proven more toxic to police/community relations than stop and frisk. To take just one example, federal judge Shira Scheindlin recently declared that stops lacking “individualized reasonable suspicion” had become so “pervasive and persistent” in New York City that they not only reflected “standard [police] procedure,” but had become “a fact of daily life” for minority residents. Scheindlin promptly ordered “immediate changes to the NYPD’s policies,” meanwhile recalling the Supreme Court’s observation in Terry v. Ohio that “the degree of community resentment” caused by a particular police practice could influence judicial “assessment” of that practice.
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*Professor, Saint Louis University School of Law; Ph.D, 2003, Yale University; J.D., 1998, Duke University; B.A., 1994, Wesleyan University. I would like to thank Tracey Meares, David Sklansky, Jeffrey Fagan, Devon Carbado, Darryl K. Brown, Kami Chavis Simmons, Scott Sundby, Arnold Loewy, Eric J. Miller, and Joel Goldstein for input on this piece. I would also like to thank Adina Schwartz, Dorothy Schultz, and the members of the John Jay College of Criminal Justice faculty for early conversations on this topic, including insight into the role that riots played in the development of a Humanities curriculum for the New York City Police Department.
Mary Ziegler*
With the growing use of assisted reproductive technology (“ART”), courts have to reconcile competing rights to seek and avoid procreation. Often, in imagining the boundaries of these rights, judges turn to abortion jurisprudence for guidance. This move sparks controversy. On the one hand, abortion case law may provide the strongest constitutional foundation for scholars and advocates seeking rights to access ART or avoid unwanted parenthood. On the other hand, abortion jurisprudence carries normative and political baggage: a privacy framework that disadvantages poor women and a history of intense polarization.
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*Assistant Professor, Florida State University College of Law. J.D., 2007, Harvard Law School; B.A., 2004, Harvard College. Professor Ziegler would like to thank Beth Burkstrand-Reid, Caroline Corbin, Jaime King, Maya Manian, Rachel Rebouché, and Tracy Thomas for sharing their thoughts on earlier drafts of this piece.
Nick Dantonio
People smoke to get a buzz. Plain and simple. Every time a person decides to smoke a cigarette they make a personal costbenefit decision. The benefits of smoking often include improved concentration and mood as well as providing sedative and euphoric effects. On the other hand, the costs of smoking traditional, combustible cigarettes are quite high. The adverse effects of smoking combustible cigarettes have become common knowledge over the past fifty years, beginning with the required warnings on cigarette packs in the 1960s, as countless studies have affirmed the link between cigarette smoking and a seemingly endless list of negative health effects.
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Paul Holdsworth
Long before President John F. Kennedy famously proclaimed the United States of America a “nation of immigrants,” the Statue of Liberty stood above New York Harbor as a beacon of our nation’s historically rich immigrant background. Since 1886, Lady Liberty has triumphantly posed as a proud symbol of freedom, refuge, and opportunity. At the base of her iconic pose, Emma Lazarus’ immortal poem poignantly calls for the world’s tired and poor, and exhorts them to enter by the “golden door.” Americana symbolism aside, this exhortation has proven quite paradoxical. Immigration has provided our country with unquestionable cultural richness, yet, at times, the country’s treatment of immigrants has contradicted fundamental notions of fairness and decency.
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Victor Flatt *
Heather Payne **
Water, always necessary, is becoming less available. The Organization for Economic Cooperation and Development (“OECD”) predicts water use will increase by 55% between 2000 and 2050, and that by 2050, over 40% of the world’s population “will live in river basins under severe water stress.”[1] Climate change is making this worse. Approximately 486 million people will be exposed to water scarcity or aggravated scarcity even if the average global temperature rise is limited to 2°C.[2] If temperatures rise further, the numbers increase.[3] Looking at food production globally, a quarter of croplands lack adequate water, and 56% of irrigated land is under high to extremely high water stress.[4]
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* Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law, and Director, Center for Law, Environment, Adaptation, and Resources (CLEAR) at the University of North Carolina School of Law.
** Fellow, Center for Law, Environment, Adaptation, and Resources (CLEAR) at the University of North Carolina School of Law.
[1]. OECD, Why Does Water Security Matter?, in Water Security for Better Lives 15 (2013), available at http://www.oecd-ilibrary.org/environment/water-security_97892642 02405-en.
[2]. Dieter Gerten et al., Asynchronous Exposure to Global Warming: Freshwater Resources and Terrestrial Ecosystems, 8 Envtl. Res. Letters 034032, at 4 (2013), available at http://iopscience.iop.org/1748-9326/8/3/034032/pdf/1748-9326_8_3_034032.pdf. Another report has found that this level of temperature rise will increase the world’s population living under absolute water scarcity by an additional 40%. Jacob Schewe et al., Multimodel Assessment of Water Scarcity Under Climate Change, Proc. Nat’l Acad. Sci. 1 (early online ed. 2013), available at http://www.pnas.org/content/early/2013/12/12/1222460110. full.pdf.
[3]. Gerten et al., supra note 2, at 4.
[4]. Francis Gassert, One-Quarter of World’s Agriculture Grows in Highly Water-Stressed Areas, World Res. Inst. Blog (Oct. 31, 2013), http://www.wri.org/blog/one-quarter-world’s-agriculture-grows-highly-water-stressed-areas.
