4 results match your criteria: "From Duke University School of Law[Affiliation]"

A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for Balancing Rights and Risks in Preventing Gun Violence.

J Law Med Ethics

December 2020

Gabriel A. Delaney, M.Phil., is a second-year law student at Yale Law School in New Haven, CT. He received his Master of Philosophy in Comparative Government from the University of Oxford (2017) in Oxford, UK. He also received his B.A. in Political Science from the University of Pennsylvania (2015) in Philadelphia, PA. Jacob D. Charles, J.D., M.A., is a Lecturing Fellow and Executive Director of the Center for Firearms Law at Duke University School of Law, in Durham, NC. He received his J.D. from Duke University School of Law and his M.A. in Political Science from Duke University. He also holds M.A.s in Philosophy and Theology from Biola University in La Mirada, CA and a B.A. from the University of California Irvine, in Irvine, CA.

In response to the continued expansion of "red flag" laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category - "reporting party" - that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly.

View Article and Find Full Text PDF

The Proactive Patient: Long-Term Care Insurance Discrimination Risks of Alzheimer's Disease Biomarkers.

J Law Med Ethics

June 2018

Jalayne J. Arias, J.D., M.A., is an Assistant Professor in the Department of Neurology at the University of California - San Francisco and an Atlantic Fellow at the Global Brain Health Institute. Ms. Arias received her B.A. from Pepperdine University (Malibu, CA), her J.D. from Arizona State University (Tempe, AZ), and an M.A. in Bioethics at Case Western University (Cleveland, OH). Ana M. Tyler, J.D., M.A., is a Clinical Ethicist at Beaumont Health (Detroit, MI). She was previously the Clinical Ethics Fellow at California Pacific Medical Center (San Francisco, CA). She received her B.A. from The Ohio State University (Columbus, OH), and received her J.D., with a concentration in Health Law and Policy and her Master's degree in Bioethics from Case Western Reserve University (Cleveland, OH). Benjamin J. Oster, J.D., LL.M., M.S., is an Associate with the Cleveland Clinic Foundation Innovations group. Mr. Oster received his B.S. from The Ohio State University (Columbus, OH), his M.S. from Georgetown University Graduate School of Arts & Sciences (Washington, D.C.), his J.D. from Case Western Reserve University School of Law (Cleveland, OH), and his LL.M. from Duke University School of Law (Durham, NC). Jason Karlawish, M.D., is a Professor of Medicine, Medical Ethics and Health Policy, and Neurology at the University of Pennsylvania Perelman School of Medicine. Dr. Karlawish received his B.S. from Northwestern University (Evanston, IL) and his M.D. from Northwestern University Feinberg School of Medicine (Evanston, IL). He completed residency at Johns Hopkins Bayview Medical Center (Baltimore, MD) and fellowship at University of Chicago Medical Center (Chicago, IL).

Previously diagnosed by symptoms alone, Alzheimer's disease is now also defined by measures of amyloid and tau, referred to as "biomarkers." Biomarkers are detectible up to twenty years before symptoms present and open the door to predicting the risk of Alzheimer's disease. While these biomarkers provide information that can help individuals and families plan for long-term care services and supports, insurers could also use this information to discriminate against those who are more likely to need such services.

View Article and Find Full Text PDF