Case Western Reserve University

Case Western Reserve University School of Law
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    Patient Autonomy, Public Safety, and Drivers with Cognitive Decline

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    With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver\u27s ability to operate a vehicle safely can be compromised. This not only puts the driver at risk but also endangers passengers, other motorists, and pedestrians. As the population ages, the number of drivers experiencing cognitive decline is increasing, escalating the risk of accidents.For many older adults, however, driving is a key aspect of independence and mobility. Losing the ability to drive can lead to social isolation, dependence on others, and a decline in overall well-being. Understanding and addressing the challenges of cognitive decline in relation to driving is crucial for maintaining elderly individuals’ quality of life. Nonetheless, determining when someone should stop driving due to cognitive decline is especially difficult because cognitive decline often progresses gradually and is challenging to assess.Current legal mechanisms fail to resolve the tension between promoting personal autonomy and protecting public safety, and existing approaches to the problem are unsatisfactory. Requiring road tests of every older adult is both overly intrusive and economically inefficient. At the same time, however, revoking driving privileges only after an accident has occurred creates a public safety hazard. Without an effective system of regulation, informal practices emerge. Medical professionals who recognize that a patient’s driving is likely to create a safety risk may either ignore the matter entirely or pressure family members to take the keys away from their loved one. And when accidents do happen, family members are sometimes sued for failing to prevent their loved one from taking the wheel.This Article recommends a framework for enhanced medical and regulatory protocols to navigate the intricacies of driving with cognitive decline. It recognizes that earlier efforts to solve the problem have often failed because they relied too heavily on a single point of responsibility. Our proposed framework, by contrast, creates a connection between the medical provider and the motor vehicle regulator and sets out clear lines of responsibility. The Article develops recommendations for effective interventions, analyzing the role that physicians should play and proposing legislative changes. Driving with cognitive decline is a multifaceted challenge that impacts public safety, personal independence, family relationships, legal rights, and healthcare practices. Addressing it effectively requires a balanced and thoughtful approach that considers the needs and rights of all stakeholders

    2024 Law-Medicine Conference: Cognitive Decline and the Law

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    As the American population ages, a growing number of people will suffer cognitive decline. Cognitive decline may affect individuals’ ability to work, drive, obtain medical care, manage their finances and engage in other activities of daily living. As cognitive decline becomes more prevalent in American Society, legal experts and policy makers will need to grapple with its implications. This conference will explore a variety of legal and policy challenges associated with cognitive decline. Topics will include medical decision-making, guardianship, cognitive decline among incarcerated individuals, family caregivers, telemedicine and much more. Agenda and speaker biographie

    16. Ratline to Canada/ CBC, 3/12/1996

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    11. Excerpts from broadcast TV accounts of violations of international humanitarian law in the former Yugoslavia; violence committed against women, rape/ United Nations, undated

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    31. ASIL (American Society of International Law): the case of the Karadzic appeal, undated

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    20. The world\u27s most wanted man/ PBS Frontline, 5/6/1998

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    10. WBBM-Tv report / United Nations, undated

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    Keynote Speech by John Knox, Former U.N. Special Rapporteur for Human Rights and the Environment

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    Once Lost, Painfully Present: Maya Angelou’s Blacks, Blues, Black! (1968)

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    Dr. Maya Angelou’s Blacks, Blues, Black! was a triumph of Civil Rights-era public affairs television, produced and aired amid nationwide uprisings in the immediate wake of Dr. Martin Luther King Jr.\u27s assassination in 1968. Blacks, Blues, Black! promoted Black unity, education, liberation, and culture. However, after it aired, the show’s tapes were lost for decades and only rediscovered by chance in 2009. With its rediscovery, the program reveals similarities between state-sanctioned violence against Black people in 1968 and today while introducing a new generation of viewers to Angelou’s enduring insights and strategic sensibility. This talk sets forth a rewriting of media history about lost archives, Black visibility, creative autonomy, publicly funded media, and popular education television. In addition, we will analyze the specific lessons arising from the educational content of Blacks, Blues, Black!, the African origins of Black cultural forms/practices, and Black unity, offering strategic insight into combating temporal state violence against Black bodies. The presentation will include a discussion of the legal landscape for Black media outlets during the late 60’s and early 70’s. Pressing legal questions and relevant legal cases regarding Black America and the media will be examined. Speaker Bio Dr. Adrien Sebro (SEE-bro) is an Assistant Professor of Media Studies at the University of Texas at Austin. He specializes in critical media studies at the intersections of race, socioeconomics, gender, performance and Black popular culture. Sebro is also a Faculty Affiliate with the Department of African and African Diaspora Studies. His recently published book, Scratchin’ and Survivin’: Hustle Economics and the Black Sitcoms of Tandem Productions (Rutgers University Press), explores a production history of Black economics and creative agency in the all-Black cast sitcoms of Tandem Productions: Sanford and Son (1972-1977), Good Times (1974-1979), and The Jeffersons (1975-1985). Sebro\u27s commentary and expertise have been featured on ViceTV, Variety, USA Today, NBC News, HuffPost, and CNN

    Private Equity and the Corporatization of Health Care

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    Private equity investment in physician services has become a driving force in the financialization of health care. While private equity investors seek quick revenue generation from health services organizations, they challenge the professional and ethical norms that distinguish medical providers from profit-seeking businesses. Their practices threaten to increase costs, lower health care quality and contribute to physician burnout and moral distress. An example of how private equity investors exploit market dysfunctions or regulatory loopholes is the practice known as ‚Äúsurprise medical billing.‚ÄĚ This occurs when a patient receives care at an in-network facility from an unexpectedly out-of-network provider. The resulting medical bills force insurers to pay more and expose innocent patients to sometimes crippling financial debt. The federal No Surprises Act outlawed some forms of this phenomenon but did not completely eliminate the problem. Erin Fuse Brown‚Äôs lecture will discuss the trend of private equity investment in physician services and the legal tools available under federal and state law to address the threats presented by health care financialization. She will also analyze how loopholes and market distortions should be addressed through new legislative and regulatory interventions. Speaker Biography Erin C. Fuse Brown, J.D., M.P.H., is the Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law. She specializes in health law and policy, and her research focuses on health care markets, consolidation, and cost-control. Fuse Brown has published articles in leading legal, health policy and medical journals about private equity investment, health care prices, payment reform, medical billing and debt collection, health care competition and consolidation, surprise medical billing and health reform. She has consulted with NASHP, Milbank Memorial Fund, Catalyst for Payment Reform and others on legal and policy strategies to protect health care consumers, control health care costs, and address health care consolidation. She received a JD from Georgetown, an MPH from Johns Hopkins and a BA from Dartmouth College


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    Case Western Reserve University School of Law is based in United States
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