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THE CRIME REPORT
in Sexual Predators Human Rights Law
A Surge of Anti-Trans Laws Ignore Criminology

Lawmakers in the United States, who have proposed nearly 900 anti-LGBTQ+ bills since 2021, with Kansas being the latest state to introduce a controversial law that restricts access to sex-segregated spaces for the transgender community, appear to be ignoring the fact that such discrimination undermines access to basic healthcare, education, legal recognition, and the right to publicly exist, exacerbating the issue of deteriorating mental health among people in the marginalized community including teenagers.

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THE VOLOKH CONSPIRACY
in Standing Constitutional Law
Fifth Circuit Puts Obamacare Preventive Care Mandates on Hold: Administrative Stay Blocks District Court Decision.

The US Court of Appeals for the Fifth Circuit has issued an administrative stay that temporarily blocks the implementation of federal district Judge Reed O'Connor's ruling in Braidwood Management, Inc. v. Becerra, which invalidated some key Affordable Care Act regulations requiring insurance plans to cover various types of preventive care without any cost-sharing by patients.

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THE CRIME REPORT
in Prison Law
Large Scotland Prison Receives Alarming Report on Staff Abuse of Inmates

A recent report from the His Majesty’s Inspectorate of Prisons for Scotland (HMIPS) has raised concerns about safety and security at HMP Addiewell, highlighting poor access to healthcare, levels of cleanliness and inadequate fresh air provisions as areas of concern, with 40% of inmates having experienced abuse, threats, bullying or assault by staff and just 29% feeling safe all or most of the time.

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THE VOLOKH CONSPIRACY
in Transportation Law
Florida Legislature Passes Immigration Crackdown, Authorizes $12 Million for Migrant Relocation

Florida Governor Ron DeSantis is set to receive a bill aimed at cracking down on undocumented immigrants and Floridians who interact with them, with provisions including punitive reporting requirements for hospitals and employers, and authorising $12m for the "Unauthorized Alien Transport Program", while businesses with 25 or more employees private will now be required to use E-Verify, all of which "will punish a largely peaceful and long-present population", according to Reason magazine.

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ABOVE THE LAW
in Civil Process Pharmaceutical Law
TX Attorney General Ken Paxton Will Sue All The Vaccines For Giving Us COVID

Texas Attorney General Ken Paxton has launched an investigation into the pharmaceutical companies Pfizer, Moderna, and Johnson & Johnson, concerning the efficacy of their COVID-19 vaccines and their potential manipulation of vaccine trial data; this action comes after Paxton previously launched investigations into Twitter, parents of trans kids, and the state bar.

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THE VOLOKH CONSPIRACY
in Healthcare Law
Nikki Haley Is Half Right About Abortion

Nikki Haley has called for a "national consensus" on the divisive issue of abortion, but her thinking is confused because whilst Haley recognises that a pro-life majority in the Senate is unlikely, she seems to think a president can convince society to have a consensus about issues such as crisis pregnancy centres, adoption, religious liberty exemptions and the accessibility of contraception, ignoring the reality that we are nowhere near a national consensus on this issue and the presidency has its limits.

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ABOVE THE LAW
in Healthcare Law
Morning Docket: 04.14.23

The article contains brief news and commentary on topics including ethical concerns regarding Clarence Thomas, Biglaw firms considering travel limitations, claims of sexism in calls for Dianne Feinstein to resign, SCOTUS refusing to halt a student debt settlement, and a new abortion law signed by DeSantis.

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THE VOLOKH CONSPIRACY
in Healthcare Law
The Good and Bad of the Fifth Circuit's Abortion Pill Ruling

The US Court of Appeals partially stayed last week's district court order effectively suspending the FDA's approval of mifepristone, a widely used abortion medication, but the decision still has some problems, some of which relate to standing, as the panel's approach to determining probable injury did not hold up to scrutiny, and they had sidestepped existing doctrine, according to an opinion piece.

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THE VOLOKH CONSPIRACY
in Espionage Law
Massive Leak of Ukraine Intelligence Documents Angers U.S. Allies

The U.S.' relationships with its allies are in crisis following the leak of classified intelligence documents about Russia's war in Ukraine on Discord, which has raised concerns about U.S. intelligence channels, while the truth about the Ukrainian position relies on an influx of munitions, and even though the Biden administration has committed to supporting the government, Ukraine will likely run out of military forces to combat Russia; the Biden administration announced the U.S. will oppose any ceasefire which could legitimize Russia's hold over a single inch of Ukrainian territory, and the state department has classified the Wall Street Journal reporter Evan Gershkovich as "wrongfully detained" by Russia for espionage, while the Department of Justice is appealing the Texas court's decision revoking the Food and Drug Administration's authorization of mifepristone.

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THE VOLOKH CONSPIRACY
in Free Speech Constitutional Law
Abortion, Guns, Trump, and the New Era of Shout-Down Politics

The Reason Roundtable discusses new federal court rulings on the abortion pill mifepristone, the recent expulsion of two Democratic lawmakers from the Tennessee state legislature, and other topics such as corporate personhood and cultural recommendations.

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THE VOLOKH CONSPIRACY
in Adversarial Process Criminal Law
Trump Commuted His Sentence. Now the Justice Department Is Going To Prosecute Him Again.

Philip Esformes, a former executive sentenced to prison for money laundering and related charges, has been reprosecuted by the Department of Justice in a move raising questions about double jeopardy, clemency power and the weaponization of criminal legal systems against targets, despite his case being commuted by ex-President Donald Trump, amid questions about the use of a legal loophole that allows federal judges to disregard a jury's verdict and sentence defendants for conduct they weren't convicted of.

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THE VOLOKH CONSPIRACY
in Healthcare Law
Idaho Takes Aim at Interstate Travel for Abortion. Health Care Providers Are Suing.

Two doctors and a Planned Parenthood affiliate are suing Idaho Attorney General Raúl Labrador after he declared it illegal for doctors to refer residents to out-of-state abortion providers, part of a larger attempt by Idaho Republicans to enforce the state's strict abortion ban even outside of state lines.

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THE VOLOKH CONSPIRACY
in Healthcare Law
Diehard Prohibitionist Mitch McConnell's State Just Became the 38th To Approve Medical Marijuana

Medical use of marijuana has been legalized in Kentucky, making it the 38th American state to do so, four months after the Kentucky governor, a Democrat, issued an executive order safeguarding patients that used cannabis from other states from prosecution for possessing and transporting it; the new law permits a state-licensed businesses' production and sale of medical marijuana, although it will remain restricted until 2025 and the new law is more restrictive than the governor's order in some respects.

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THE VOLOKH CONSPIRACY
in Healthcare Law
FDA Will Finally Let You Get Naloxone Over the Counter

The FDA finally approved Narcan as an over-the-counter drug to block the effects of opioids by binding to the brain's opioid receptors to stop and reverse the effects of an overdose, but it took too long, and the drug has been available under prescription for 50 years, which could have saved many more lives.

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ABOVE THE LAW
in Healthcare Law
42 Hospitals Sue HHS For ‘Tens of Millions’ Of Dollars In Delayed Medicare DSH Payments

The Department of Health and Human Services (HHS) was recently sued by dozens of safety net hospitals, who allege that Medicare has withheld and denied disproportionate share hospital (DSH) payments unlawfully for decades; the DSH payments are intended to support hospitals that serve a high number of uninsured and low-income patients, and the payments are meant to counterbalance safety net hospitals’ uncompensated care costs so that they can be more financially stable, as well as protect access to care for low-income and uninsured patients.

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ABOVE THE LAW
in Healthcare Law
What Keeps One Advocate Up At Night About The No Surprises Act

The No Surprises Act, which protects Americans from surprise medical bills, is being undermined by providers who ask patients to waive these protections through the "Surprise Billing Protection Form," which, although marketed as a way to facilitate treatment from non-network providers, takes away the patient's legal rights to contest the treatment, making it necessary for health plan providers to track patients who sign it to avoid surprise billing instances.

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ABOVE THE LAW
in Healthcare Law
Joint Commission CEO Wants To ‘Dispel The Myth’ That Decarbonizing Healthcare Is Costly

Jonathan Perlin, CEO of the Joint Commission, has spoken at the closed-door, invitation-only Lake Nona Impact Forum in Florida to explain how the healthcare industry can take certain easy and cost effective actions, including cutting down on travel and using less fluorine-containing anesthesia, to reduce carbon footprints to help deal with the growing issue of climate change while setting decarbonization standards to live up to in the future.

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ABOVE THE LAW
in Healthcare Law
Privacy Concerns Arise as Lawsuits Accuse Facebook and Third-Party Buyers of Illegally Accessing Medical Data from Healthcare Websites

Lawsuits alleging that Facebook and other third-party buyers obtain confidential medical information through tracking tools on health care websites and patient portals have increased, which could violate the Health Insurance Portability and Accountability Act (HIPAA).

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THE VOLOKH CONSPIRACY
in Government Subsidies Law
TikTok and How Congress Treats Americans Like 'Unruly Children'

The editors of Reason Roundtable discuss the attacks on TikTok by the federal government and criticize government subsidies on goods and services that make essential items increasingly difficult to afford for the middle class in this week's podcast episode.

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THE VOLOKH CONSPIRACY
in Healthcare Law
Today in Supreme Court History: March 2, 2016

The article reports on the upcoming Supreme Court case Whole Woman's Health v. Hellerstedt, set to be argued on March 2nd, 2016, which deals with abortion laws in Texas.

ABOVE THE LAW
in Healthcare Law
New Collaboration Brings Opioid Use Disorder Treatment To Formerly Incarcerated Patients

Bicycle Health, Wellpath and the Federal Bureau of Prisons have collaborated to provide virtual services for opioid use disorder to patients living in the Bureau’s residential reentry centers to combat the high rate of opioid use disorder among people in the criminal justice system, with potential for the collaboration to expand in the future.

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Was ist Healthcare Law?

Healthcare Law: This area of law deals with the legal issues arising from healthcare practices and the healthcare industry. It encompasses a wide range of issues, including regulatory compliance, healthcare policy, medical malpractice, privacy and confidentiality, and insurance litigation. Healthcare lawyers may represent hospitals, clinics, insurance companies, physicians, and other healthcare providers. They advise clients on laws and regulations affecting the delivery of healthcare services and help them navigate complex laws that govern the industry. This field is constantly evolving, with new laws and regulations being introduced regularly, and lawyers in this field must stay up-to-date on these changes to best serve their clients.

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  1. The Volokh Conspiracy

    The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.

  2. The Crime Report

    The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.

  3. weintraub|tobin

    Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners, individuals, emerging companies, and nonprofits. More than 80 attorneys serve U.S. and global clients’ business law and litigation needs.

  4. FindLaw

    FindLaw's Legal Blogs bring you the latest legal news and information. Both consumers and legal professionals can find answers, insights, and updates.

  5. In-House Ops

    In-House Ops delivers information that is key to career development, law department administration, procurement of legal services and in-house legal technology.