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2.
J Homosex ; 68(1): 88-111, 2021 Jan 02.
Artigo em Inglês | MEDLINE | ID: mdl-31241421

RESUMO

In June 2015, the U.S. Supreme Court made a landmark decision to legalize marriage for same-sex couples amid nationwide debate and media coverage of this controversial issue. Using a content analysis of newspaper articles and television transcripts (N = 286) from top news outlets, this study examines the frames used in news coverage of same-sex marriage before and after the decision and tone of coverage by frame and medium. Findings suggest that frames and tone differed by medium, with television generally presenting more negative coverage and print more positive coverage. Results also suggest that some coverage frames were more negative than others and that the dominant frames of coverage differed from pre- to post-decision. This study helps improve our understanding of how the public was informed before and after a historic decision and illuminates the differences between frame and tone of coverage by medium, and by medium over time.


Assuntos
Meios de Comunicação , Casamento/legislação & jurisprudência , Decisões da Suprema Corte , Direitos Civis , Características da Família , Humanos , Política , Religião e Sexo , Estados Unidos
4.
N C Med J ; 81(6): 386-388, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-33139471

RESUMO

The Affordable Care Act has been a lightning rod for litigation, generating hundreds of cases seeking to have all or parts of the law declared illegal. This article focuses on Supreme Court cases that have assessed the ACA over the past decade and highlights those on the Court's pending docket.


Assuntos
Patient Protection and Affordable Care Act , Decisões da Suprema Corte , Humanos , Patient Protection and Affordable Care Act/legislação & jurisprudência , Estados Unidos
12.
Bone Joint J ; 102-B(5): 550-555, 2020 May.
Artigo em Inglês | MEDLINE | ID: mdl-32349593

RESUMO

The cost of clinical negligence in the UK has continued to rise despite no increase in claims numbers from 2016 to 2019. In the US, medical malpractice claim rates have fallen each year since 2001 and the payout rate has stabilized. In Germany, malpractice claim rates for spinal surgery fell yearly from 2012 to 2017, despite the number of spinal operations increasing. In Australia, public healthcare claim rates were largely static from 2008 to 2013, but private claims rose marginally. The cost of claims rose during the period. UK and Australian trends are therefore out of alignment with other international comparisons. Many of the claims in orthopaedics occur as a result of "failure to warn", i.e. lack of adequately documented and appropriate consent. The UK and USA have similar rates (26% and 24% respectively), but in Germany the rate is 14% and in Australia only 2%. This paper considers the drivers for the increased cost of clinical negligence claims in the UK compared to the USA, Germany and Australia, from a spinal and orthopaedic point of view, with a focus on "failure to warn" and lack of compliance with the principles established in February 2015 in the Supreme Court in the case of Montgomery v Lanarkshire Health Board. The article provides a description of the prevailing medicolegal situation in the UK and also calculates, from publicly available data, the cost to the public purse of the failure to comply with the principles established. It shows that compliance with the Montgomery principles would have an immediate and lasting positive impact on the sums paid by NHS Resolution to settle negligence cases in a way that has already been established in the USA. Cite this article: Bone Joint J 2020;102-B(5):550-555.


Assuntos
Consentimento Livre e Esclarecido/legislação & jurisprudência , Imperícia/legislação & jurisprudência , Procedimentos Ortopédicos/legislação & jurisprudência , Medicina Estatal/legislação & jurisprudência , Austrália , Alemanha , Humanos , Consentimento Livre e Esclarecido/ética , Medicina Estatal/ética , Decisões da Suprema Corte , Reino Unido , Estados Unidos
13.
Tex Med ; 116(2): 22-23, 2020 Feb 01.
Artigo em Inglês | MEDLINE | ID: mdl-32083712

RESUMO

Twenty years after it took effect, Texas' medical ethics committee review law has withstood challenge after challenge. The Texas Supreme Court is on the verge of ending the latest high-profile attack on the law that ensures physicians can uphold their professional obligation to "do no harm." In October 2019, the state's high court declined to take up Kelly v. Houston Methodist Hospital, in which the mother of a deceased patient attempted to overturn a provision of the Texas Advance Directives Act. Justices' action leaves intact an appeals court decision that preserves physicians' ability to use their medical judgment in end-of-life cases.


Assuntos
Comissão de Ética/legislação & jurisprudência , Ética Médica , Decisões da Suprema Corte , Humanos , Texas , Estados Unidos
15.
Law Hum Behav ; 44(6): 449-460, 2020 12.
Artigo em Inglês | MEDLINE | ID: mdl-33444061

RESUMO

OBJECTIVE: To develop a typology of criminal defendants found incompetent to stand trial using data-driven classification techniques and validate it against forensically relevant outcomes. HYPOTHESES: We hypothesized that discrete groups of defendants determined to be incompetent exist that can be identified in the structure of observed clinical, demographic, and criminological data. We also expected that class membership would be differentially associated with competency restoration. METHOD: We coded hospital records for 492 consecutive male criminal defendants committed to a secure hospital for competency restoration between 2013 and 2017 (mean [M] age = 38.7 years, standard deviation [SD] = 14.2; 61.0% White, 34.2% Black, 2.6% Hispanic, 2.2% "Other"). Clinical, demographic, and criminological data were analyzed using latent class analysis. Validation analyses modeled competency restoration outcomes as a function of class membership. RESULTS: An 8-class solution best fit the data and included 3 discrete classes of patients with psychotic disorders (Class 2, n = 74; Class 3, n = 78; Class 6, n = 68), as well as classes characterized by intellectual limitations without comorbid psychosis (Class 4, n = 54), comorbid psychosis and intellectual limitations (Class 1, n = 41), mood disorders (Class 5, n = 80), older adults with neurocognitive disorders (Class 8, n = 59), and chronic instability (Class 7, n = 38). The restoration rate in the overall sample was 87.8%, and Classes 1-7 showed restoration rates similar to the overall sample, ranging from 82.9% to 100%. The restoration rate of Class 8 was 66.1%, and this was the only class to show significantly lower odds (odds ratio [OR] = 0.181, 95% confidence interval [CI: 0.093, 0.353], p < .001) and hazards (hazard ratio [HR] = 0.511, 95% CI [0.361, 0.724], p < .001) of restoration. CONCLUSION: Older adults with neurocognitive disorders admitted for competency restoration are at increased risk of failed restoration. (PsycInfo Database Record (c) 2021 APA, all rights reserved).


Assuntos
Criminosos/psicologia , Pacientes Internados/psicologia , Análise de Classes Latentes , Competência Mental/legislação & jurisprudência , Transtornos Mentais/reabilitação , Adulto , Humanos , Deficiência Intelectual/reabilitação , Masculino , Pessoa de Meia-Idade , Transtornos Neurocognitivos/reabilitação , Reprodutibilidade dos Testes , Decisões da Suprema Corte , Estados Unidos
16.
Yale J Biol Med ; 92(4): 793-803, 2019 12.
Artigo em Inglês | MEDLINE | ID: mdl-31866796

RESUMO

The Eighth Amendment to the US Constitution prohibits the infliction of cruel and unusual punishments. However, no method of executing prisoners has ever been deemed by the Supreme Court to constitute Cruel and Unusual Punishment. Constitutional challenges to the dominant mode of executing prisoners today - lethal injection - are hobbled by a lack of clinical data that would reveal the likelihood this method might inflict gratuitous pain. Here, we assess the contemporary Eighth Amendment jurisprudence, including its legal and scientific limitations, and suggest modifications.


Assuntos
Pena de Morte/legislação & jurisprudência , Jurisprudência , Decisões da Suprema Corte , Humanos , Estados Unidos
18.
Hastings Cent Rep ; 49(6): 6-7, 2019 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-31813185

RESUMO

During its 2018-2019 term, the United States Supreme Court considered the constitutionality of executing a prisoner with dementia. In Madison v. Alabama, the Court ruled that, in certain circumstances, executing a prisoner with dementia violates the Eighth Amendment's ban on cruel and unusual punishment. Vernon Madison was sentenced to death for killing a police officer in 1985. After many years on Alabama's death row, he had a series of strokes and was diagnosed with vascular dementia. In 2016, Madison's lawyers unsuccessfully sought a stay of execution, arguing that, in light of his cognitive impairments, imposing the death penalty would violate the Constitution. After Alabama set a 2018 execution date, lawyers returned to the state court, arguing that the finding of competence should be reversed because Madison's cognitive impairments had worsened. When the trial court refused to grant the stay of execution, Madison's lawyers asked the Supreme Court to review the constitutionality of the state court decision.


Assuntos
Pena de Morte/legislação & jurisprudência , Demência/patologia , Competência Mental/legislação & jurisprudência , Humanos , Decisões da Suprema Corte , Estados Unidos
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