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At least 73 records · Page 4Linked to original sources
PubMed1989

Save the body, lose the soul. Catholic healthcare professionals should respect Jehovah's Witnesses' right to refuse a transfusion.

The Jehovah's Witnesses base their belief that they must not submit to blood transfusions on a biblical prohibition against consuming blood. It is a fundamental religious conviction for the Witnesses, one that has the most profound consequences for them: eternal salvation. In their zeal to promote health and save lives, however, some healthcare institutions have reacted to a patient's refusal to receive a blood transfusion by appealing to the courts. In a few cases, this action sought a clarification of professional obligations and responsibilities. In others, however, the institution sought authorization from the court to give a blood transfusion to a patient against his or her will. In several instances over the past 25 years, the courts did not consider the cases in light of the First Amendment right to freedom of religion, despite the fact that the constitutional issue clearly lies at the heart of the controversy. Because the free-exercise clause deserves the "preferred status" of First Amendment liberties, only a compelling state interest could justify its limitation. Where the courts tried to balance interests, they have adduced various concerns to justify state interference. The question is more than legal, however; it is profoundly religious. Vatican II's "Declaration on Religious Freedom" proclaimed that all people have a fundamental right to religious freedom and an inherent freedom from coercion based on human dignity. In Ethical and Religious Directives for Catholic Health Facilities, the bishops say, "The total good of the patient, which includes his higher spiritual as well as his bodily welfare, is the primary concern of those entrusted with the management of a Catholic health facility."

Blood Transfusion↗
PubMed2002

Corporate speech and the Constitution: the deregulation of tobacco advertising.

In a series of recent cases, the Supreme Court has given businesses powerful new First Amendment rights to advertise hazardous products. Most recently, in Lorillard Tobacco Co v Reilly (121 SCt 2404 [2001]), the court invalidated Massachusetts regulations intended to reduce underage smoking. The future prospects for commercial speech regulation appear dim, but the reasoning in commercial speech cases is supported by only a plurality of the court. A different First Amendment theory should recognize the importance of population health and the low value of corporate speech. In particular, a future court should consider the low informational value of tobacco advertising, the availability of alternative channels of communication, the unlawful practice of targeting minors, and the magnitude of the social harms.

Adolescent↗
PubMedDate not supplied

State interference in the refusal of a Jehovah's Witness to accept a blood transfusion.

This article explores the limits of an individual's First Amendment right to exercise his or her religious beliefs in a medical context. Specifically, when can a state interfere with the decision by a Jehovah's Witness to refuse a blood transfusion? The standard which is generally applied in these cases is whether the state has a compelling interest which can override an individual's First Amendment right to the free exercise of religion.

Adult↗
PubMed1988

Planned Parenthood Federation of America, Inc. v. Agency for International Development, 29 January 1988.

The plaintiffs were family planning (FP) organizations that challenged the lawfulness of the defendant's insertion into FP grants awarded by the US government of a standard clause precluding any assistance to foreign nongovernmental organizations that perform or promote abortions, even with separate funds. The Court held that the Foreign Assistance Act, which authorized the President to furnish assistance for FP did not prohibit the insertion of the clause. It also ruled, however, that the question whether recipient organizations' First Amendment right to free speech was violated was not a nonjustifiable political question and could be determined by the courts. The plaintiffs had argued, among other things, that the insertion of the clause precluded recipients from providing advice and information and from lobbying with respect to abortion. The Court remanded the case for a decision on this issue. This issue was litigated in 1 other case in 1988. In DKT Memorial Fund, Limited, vs. Agency for International Development (US District Court, District of Columbia, 1 July 1988 [691 F.Supp. 394]), the Court held that the Government's policy violated the First Amendment free speech rights of domestic FP, but not the rights of foreign organizations.

Abortion, Induced↗
PubMed1996

Cybersex: regulating sexually explicit expression on the Internet.

While the First Amendment restricts the power of the government to control access by adults to sexually explicit expression that is not obscene, the government may restrict access by children, provided that those restrictions do not limit adults to reading only "what is fit for children." Controlling access by children presents special problems in the context of broadcasting, because broadcast programming is accessible to children too young to read and because of the impossibility of segregating adults and children in the audience. The Supreme Court therefore permits the government to require "channeling" of sexually explicit programming to times when fewer unsupervised children are in the audience, to facilitate parental control over children's access to sexually explicit material. Although Internet content includes less than one percent of sexually explicit expression, that material has been the subject of intensive media and government attention. Much of that attention ignores (1) the high level of constitutional protection applicable to non-obscene, sexually explicit expression; (2) features of the Internet which facilitate controlling access by children to sexually explicit expression far more effectively than in broadcasting or print media; and (3) the First Amendment values served by permitting expression of all forms on the Internet.

Adult↗
PubMed1984

A trojan horse goes to court: Bolger v. Youngs Drug Products Corp.

In 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 Young'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.

Advertising↗
PubMed1996

Dworkin and Casey on abortion.

This article responds to two important recent treatments of abortion rights. I will mainly discuss Ronald Dworkin's recent writings concerning abortion: his article "Unenumerated rights: whether and how Roe should be overruled," and his book Life's Dominion. In these writings Dworkin presents a novel view of what the constitutional and moral argument surronding abortion is really about. Both debates actually turn, he argues, on the question of how to interpret the widely shared idea that human life is sacred. At the heart of the abortion debate is the essentially religious notion that human life has value which transcends its value to any particular person; abortion is therefore at bottom a religious issue. Dworkin hopes to use this analysis to show that the religion clauses of the First Amendment provide a "textual home" for a woman's right to choose abortion. I wish to scrutinize this suggestion here; I want to probe the precise consequences for abortion rights of such an understanding of their basis. I will argue that the consequences are more radical than Dworkin seems to realize. The other work I will examine here is the important 1992 Supreme Court decision on abortion, Planned Parenthood v. Casey. The controlling opinion in that case, written jointly by Justices Kennedy, O'Connor, and Souter, strongly reaffirmed Roe v. Wade, but also upheld most of the provisions of a Pennsylvania statute that had mandated various restrictions on abortion. The justices' basis for upholding these restictions was their introduction of a new constitutional standard for abortion regulations, an apparently weaker standard than those that had governed previous Supreme Court abortion decisions. I think there is a flaw in Casey's new constitutional test for abortion regulations, and I will explain, when we turn to Casey, what it is and why it bears a close relation to Dworkin's reluctance to carry his argument as far as it seems to go.

Abortion, Induced↗
PubMedDate not supplied

[The new BHV-1 regulation].

The first amendment to the BHV-1 Regulation in late 2001 marked the first step towards sanitation. This also proved necessary in view of the environment in the European Community because the amending regulation will, in conjunction with the compulsory notification of BHV-1, allow operators to achieve medium-term trade advantages via the so-called Article 9 status laid down in Directive 64/432/EEC. Yet, some of the provisions of the BHV-1 Regulation are still questionable under animal disease legislation so that this first step must surely be followed up by a second step. Article 2 of the Regulation dated 12 December 2002 merely amended the vaccination intervals, the number of vaccinations required for basic immunization as well as the facts constituting an administrative offense.

Animals↗
PubMed1989

Miscellaneous Medicare and Medicaid amendments--HCFA. Final rule.

These regulations make the following changes in the Medicare and Medicaid rules: 1. Remove from the Medicare rules the lists of deductible and coinsurance amounts that are revised annually. 2. Establish the conditions for Medicare Part B to pay for an antigen that is administered by someone other than the physician who prepares the antigen. 3. Provide that specified equipment is required to be available in an ambulatory surgical center (ASC) only if the medical staff of the ASC considers it necessary. 4. Clarify the rules on agreements with Medicare intermediaries and carriers and on coordination of their activities with the activities of peer review organization (PROs). 5. Correct an involuntary omission by adding "skilled nursing facility services for individuals under 21" to the list of Medicaid services for which Federal financial participation may be continued for up to 30 days after termination of the provider agreement. 6. Revise the rules on denial of Medicare provider agreements to reflect Bankruptcy Code changes under which a provider agreement may not be denied solely because of bankruptcy. These amendments are necessary to simplify, clarify, or conform minor aspects of the Medicare rules on: Deductibles and coinsurance. Payment for antigens. Equipment required in ASCs. Agreements with intermediaries and carriers. Coordination of the activities of intermediaries and carriers and those of PROs. The amendments also correct an omission in the Medicaid rules on Federal financial participation. The first amendment is purely a matter of simplification. The other changes are intended to ensure that users of HCFA regulations have the clear understanding necessary for uniform application.

Centers for Medicare and Medicaid Services, U.S.↗
PubMed1999

Crisis of conscience: reconciling religious health care providers' beliefs and patients' rights.

In this note, Katherine A. White explores the conflict between religious health care providers who provide care in accordance with their religious beliefs and the patients who want access to medical care that these religious providers find objectionable. Specifically, she examines Roman Catholic health care institutions and HMOs that follow the Ethical and Religious Directives for Catholic Health Care Services and considers other religious providers with similar beliefs. In accordance with the Directives, these institutions maintain policies that restrict access to "sensitive" services like abortion, family planning, HIV counseling, infertility treatment, and termination of life-support. White explains how most state laws protecting providers' right to refuse treatments in conflict with religious principles do not cover this wide range of services. Furthermore, many state and federal laws and some court decisions guarantee patients the right to receive this care. The constitutional complication inherent in this provider-patient conflict emerges in White's analysis of the interaction of the Free Exercise and Establishment Clauses of the First Amendment and patients' right to privacy. White concludes her note by exploring the success of both provider-initiated and legislatively mandated compromise strategies. She first describes the strategies adopted by four different religious HMOs which vary in how they increase or restrict access to sensitive services. She then turns her focus to state and federal "bypass" legislation, ultimately concluding that increased state supervision might help these laws become more viable solutions to provider-patient conflicts.

Catholicism↗
PubMedDate not supplied

Religious hiring exemption upheld: anatomy of a Supreme Court ruling.

In 1980 the Church of Jesus Christ of the Latter-day Saints (LDS Church) notified five employees that they could no longer continue in church employment because they would not or could not attend the temple as members in good standing. Together, the five filed suit in federal district court in Utah, alleging that the LDS Church discriminated against them on religious grounds in violation of Title VII of the federal Civil Rights Act of 1964, which generally prohibits discrimination in employment on the basis of religion. The plaintiffs said the statutory exemption for religious organizations in Section 702 operated as a religious preference and penalized their personal choices of religion in violation of the First Amendment. The case ended up in the Supreme Court, which upheld the provision exempting religious organizations from Title VII with respect to employing people of a particular religion for all not-for-profit activities. Evidence in the case included: Legislative history. As first enacted in 1964, Section 702 provided a limited exemption to religious corporations. In 1972 Congress enacted a broader exemption, effectively exempting from the sweep of Title VII employment decisions made by religious employers with respect to members of that religion in any work connected with the religious corporation. District court proceedings. The Utah court borrowed from several earlier cases, including one that avoided the constitutional issue by deciding that the function challenged was uniquely religious and, thus, exempted. Briefs amicus curiae. Four religious organizations filed briefs amicus curiae.

Civil Rights↗
PubMed1987

The effect of health on retirement.

Results from retirement research suggest the following conclusions about health, retirement, and the likely effects of the changes in retirement age made by the 1983 Social Security Amendments. First, after controlling for non-health-related factors, it is clear that older workers who are in poor health retire earlier than workers with similar economic circumstances who are in good health. Second, the research reviewed here tends to indicate that the response of the average worker to the changes made in the social security full retirement age by the 1983 amendments will be small. Estimates suggest than the average increase in the retirement age will be between zero and 3 months. Finally, while the evidence is much less certain, research results suggest that older workers in poor health may respond even less than the average worker. It is not possible to say precisely what will happen to lifetime incomes as a result of these changes. A small labor supply response suggests that not much of the lost social security benefits will be made up by additional earnings, either for workers on average or for workers in poor health. However, earnings are only part of the total income picture. Other than a brief mention, this article has not addressed how workers may adjust their savings behavior, or how private pensions may adjust, and particularly whether the potential for adjustment through these avenues is the same for workers in poor health as for the average worker.

Age Factors↗
PubMed2002

Field demonstration of successful bioaugmentation to achieve dechlorination of tetrachloroethene to ethene.

A laboratory microcosm study and a pilot scale field test were conducted to evaluate biostimulation and bioaugmentation to dechlorinate tetrachloroethene (PCE) to ethene at Kelly Air Force Base. The site groundwater contained about 1 mg/L of PCE and lower amounts of trichloroethene (TCE) and cis-1,2-dichloroethene (cDCE). Laboratory microcosms inoculated with soil and groundwater from the site exhibited partial dechlorination of TCE to cDCE when amended with lactate or methanol. Following the addition of a dechlorinating enrichment culture, KB-1, the chlorinated ethenes in the microcosms were completely converted to ethene. The KB-1 culture is a natural dechlorinating microbial consortium that contains phylogenetic relatives of Dehalococcoides ethenogenes. The ability of KB-1 to stimulate biodegradation of chlorinated ethenes in situ was explored using a closed loop recirculation cell with a pore volume of approximately 64,000 L The pilot test area (PTA) groundwater was first amended with methanol and acetate to establish reducing conditions. Under these conditions, dechlorination of PCE to cDCE was observed. Thirteen liters of the KB-1 culture were then injected into the subsurface. Within 200 days, the concentrations of PCE, TCE, and cis-1,2-DCE within the PTA were all below 5 microg/L, and ethene production accounted for the observed mass loss. The maximum rates of dechlorination estimated from field date were rapid (half-lives of a few hours). Throughout the pilot test period, groundwater samples were assayed for the presence of Dehalococcoides using both a Dehalococcoides-specific PCR assay and 16S rDNA sequence information. The sequences detected in the PTA after bioaugmentation were specific to the Dehalococcoides species in the KB-1 culture. These sequences were observed to progressively increase in abundance and spread downgradient within the PTA. These results confirm that organisms in the KB-1 culture populated the PTA aquifer and contributed to the stimulation of dechlorination beyond cDCE to ethene.

Bacteria↗
PubMed2003

American Society of Clinical Oncology policy statement update: tobacco control--reducing cancer incidence and saving lives. 2003.

As an international medical society dedicated to cancer prevention, the American Society of Clinical Oncology (ASCO) advocates a fundamental reform of United States and international policy toward addictive tobacco products. ASCO's goal is the immediate reduction of tobacco use and ultimate achievement of a tobacco-free world. The centerpiece of ASCO's policy is the recommendation for an independent commission to study the tobacco problem in all of its dimensions: social, medical, legal, and economic (both domestically and globally). The commission membership should include broad-based representation and expertise on tobacco issues. In ASCO's view, tobacco control efforts to date have been less than successful because they are too fragmented and incremental, leaving many important issues unaddressed. A more comprehensive solution could flow from this study, including input from a variety of government agencies involved with public health, agriculture, First Amendment and other legal considerations, and international trade. The study, within defined time limits, should culminate in a report that outlines a strategy for achieving immediate reduction of tobacco use and ultimate achievement of a tobacco-free world, including explicit plans and a timetable for implementation. Although this comprehensive approach to tobacco control will take many years to implement even under the best of circumstances, there are certain measures that could be undertaken immediately with meaningful impact on tobacco usage. These include: Increasing efforts to discourage tobacco use, particularly among the young Raising federal excise taxes by at least $2 per pack and encouraging states to consider tobacco taxes as a first resort in revenue enhancement Ensuring that tobacco settlement funds be devoted only to health-related projects, including medical treatment, biomedical research, and tobacco prevention efforts Requiring disclosure of all ingredients in tobacco products Comprehensively reforming third-party payment for tobacco cessation efforts Additional restriction of secondhand smoke in any places where the public may congregate Supporting necessary research into tobacco addiction, toxicities, and prevention strategies Enhancing global tobacco control, including a halt of United States government promotion of tobacco products

Adolescent↗
PubMed2002

Tobacco advertising in the United States: a proposal for a constitutionally acceptable form of regulation.

Lorillard Tobacco Co. v Reilly is the latest in a series of Supreme Court cases striking down public health regulation of advertising as a violation of the First Amendment. In its decision, the Supreme Court significantly reduced the scope of constitutionally acceptable forms of regulation of tobacco advertising and created an almost insoluble dilemma for public health authorities. Control over advertising, along with taxes and restrictions on smoking in public settings, plays an important role in the public health response to tobacco. Those committed to reducing the patterns of cigarette-related morbidity and mortality should broaden their advertising-related strategies and consider the role that greater disclosure of the health harms of tobacco can have on reducing consumption. Toward this end, we propose a comprehensive system of taxation and regulation designed to increase public appreciation and comprehension of the health risks of cigarettes. First, we consider a tax to be levied on tobacco advertising and promotion or, as an alternative, a new excise tax, the proceeds of which would be used exclusively to fund a Centers for Disease Control and Prevention-directed national antitobacco campaign. Second, all print advertising should be required to carry public health warnings equivalent to 50% of the space devoted to the advertisement. Third, manufacturers should be required to devote one full side of cigarette packages to graphic pictorials displaying the dangers of smoking. The tobacco industry would no doubt respond by declaring such efforts an unwarranted burden, an example of constitutionally suspect compelled speech. However, this would be a battle worth engaging, because it might have an impact on tobacco-related morbidity and mortality in the United States.

Advertising↗
PubMed1996

Banning tobacco billboards: The case for municipal action.

In 1994, Baltimore, Md, became the first city to generally prohibit billboards from displaying alcohol and tobacco advertisements. The owner of most of Baltimore's billboards, Penn Advertising, sued, but the federal district court rejected the billboard company's complaint and ruled that the First Amendment had not been violated and that the federal cigarette labeling acts had not preempted the ability of Baltimore to regulate and prohibit billboard cigarette advertising. In the fall of 1995, the federal district court's judgment was unanimously affirmed by the Fourth Circuit Court of Appeals in Richmond, Va. This article analyzes the constitutional and preemption issues and concludes that states and municipalities are on firm legal ground when they restrict the location or placement of publicly visible cigarette advertisements without attempting to regulate the advertisement's content or message. States and municipalities command broad authority to protect children and to shield the public from intrusive forms of advertisement that inflict their messages on a captive audience. A billboard ban thus offers local communities a legal avenue to help curb the rising tide of juvenile smoking without raising taxes, creating bureaucracy or angering smokers.

Advertising↗
PubMed2002

Media interventions to promote responsible sexual behavior.

While the media have been used effectively to promote sexual responsibility in other countries for decades, few such opportunities have been seized in the United States. Mass media may be especially useful for teaching young people about reproductive health because elements of popular culture can be used to articulate messages in young people s terms, in language that won t embarrass them and may even make safe sex more attractive. Media can potentially change the way people think about sex, amidst cultural pressures to have sex at a young age, to have sex forcefully, or to have unsafe sex. Information can be communicated through a variety of channels--small media (e.g., pamphlets, brochures, and the Internet) and mass media--and in a variety of formats--campaigns, news coverage, and educational messages inserted into regular entertainment programming. Several international studies show that exposure to family planning messages through television, radio, and print media are strongly associated with contraceptive use. Domestically, safe sex media campaigns have been associated with increased teen condom use with casual partners, and reductions in the numbers of teenagers reporting sexual activity. Due to private ownership and First Amendment concerns, U.S. sexual health advocates have been working with the commercial media to incorporate subtle health messages into existing entertainment programming.

Adolescent↗