Volume 26 (2016)

Health Matrix: The Journal of LawMedicine Volume 26 | Issue 1 2016 Volume 26 (2016) Case Western Reserve University Health Matrix: Journal of Law-Medicine Follow this and additional works at: https://scholarlycommons.law.case.edu/healthmatrix Part of the Health Law and Policy Commons Recommended Citation Case Western Reserve University Health Matrix: Journal of Law-Medicine, Volume 26 (2016), 26 Health Matrix Iss. 1 (2016) Available at: https://scholarlycommons.law.case.edu/healthmatrix/vol26/iss1/2 This Front Matter is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Health Matrix: The Journal of Law-Medicine by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Volume 26 Case Western Reserve Health Matrix: Journal of Law-Medicine Volume 26 2016 THE OLIVER C. SCHROEDER, JR. SCHOLAR-IN-RESIDENCE LECTURE Nancy Northup Case Western Reserve Health Matrix: Journal of Law-Medicine Sneaking Around the Constitution: Pretextual “Health” Laws and the Future of Roe v. Wade SYMPOSIUM Michele Goodwin Caitlin Borgmann Robin West Jennifer S. Hendricks The Pregnancy Penalty Borrowing from Dormant Commerce Clause Doctrine in Analyzing Abortion Clinic Regulations Hobby Lobby, Birth Control, and Our Ongoing Cultural Wars: Pleasure and Desire in the Crossfires Genetic Essentialism in Family Law ARTICLES Fazal Khan Karen Oehme, Nat Stern, Elizabeth Donnelly & Rebecca Melvin Debbie N. Kaminer The “Uberization” of Healthcare: The Forthcoming Legal Storm over Mobile Health Technology’s Impact on the Medical Profession Improving the Emergency Medical Services System’s Response to Domestic Violence Mentally Ill Employees in the Workplace: Does the ADA Amendments Act Provide Adequate Protection? Anya E.R. Prince Tantamount to Fraud?: Exploring Non-Disclosure of Genetic Information in Life Insurance Applications as Grounds for Policy Rescission Barbara Andraka-Christou America Needs the TREAT Act: Expanding Access to Effective Medication for Treating Addiction Rene F. Najera & Dorit R. Reiss First Do No Harm: Protecting Patients Through Immunizing Health Care Workers NOTES 2016 Lindley A. Bassett The Constitutionality of Solitary Confinement: Insights from Maslow’s Hierarchy of Needs Megan Helton Human Trafficking: How a Joint Task Force Between Health Care Providers and Law Enforcement Can Assist with Identifying Victims and Prosecuting Traffickers HEALTH MATRIX: JOURNAL OF LAW-MEDICINE Volume 26 2016 Health Matrix is grateful to the Law-Medicine Center at Case Western Reserve University School of Law for its sponsorship of symposia and conferences concerning the latest developments in the area of law and medicine. Over the course of more than fifty years, the Center has broadened its focus from issues involving forensic medicine to the whole range of legal, social, economic, scientific, and ethical issues in which law and medicine are interrelated. © 2016 by Health Matrix: Journal of Law-Medicine Health Matrix: Journal of Law-Medicine (ISSN 0748-383X) is published annually by the students of Case Western Reserve University School of Law. Citations conform to The Bluebook: A Uniform System of Citation (20th ed. 2015). Style conforms generally to the Chicago Manual of Style (16th ed. 2010). Health Matrix welcomes submissions of original articles. Possible topical areas include: legal medicine, health law and policy, professional liability, biomedical ethics, and medical-legal research. Send correspondence to or to: Health Matrix: Journal of Law-Medicine Case Western Reserve University School of Law 11075 East Boulevard Cleveland, Ohio 44106 Visit our webpage: http://law.case.edu/journals/HealthMatrix Subscriptions may be entered for the entire volume for $16.00 per year for domestic and $18.00 for foreign subscribers. Back issues are available from William S. Hein & Co., Inc., 2350 North Forest Rd., Getzille, New York 14068, or online at www.wshein.com/catalog/114311. Back issues are also available in electronic format at www.heinonline.org. For all photocopy or republication requests please contact Copyright Clearance Center, Inc. by mail: 222 Rosewood Drive, Danvers, Massachusetts 01923, by phone: (855) 239-3415, by fax: (978) 6468600, by email: , or online at www.copyright.com. Selected Health Matrix articles are indexed in the National Reference Center for Bioethics Literature, Kennedy Institute of Ethics, Georgetown University, Washington, D.C. Volume 3 and subsequent volumes indexed in the Index to Legal Periodicals and available on Lexis/Nexis, Thomson, HeinOnline, EBSCO, Gale Group, H.W. Wilson, and PAIS. This issue went to press in April 2016. Health Matrix: Journal of Law-Medicine Volume 26 2016 Editor-in-Chief AMY LEDIG Managing Editor SHAZIAH SINGH Executive Articles Editor KAYLA ANNE BAKER Copy & Publications Editor DAVID ELIAS Executive Notes Editors KAITLYN APPLEBY YORGOS PAPADOPOULOS MARAL AROJOMANDI MEGAN HELTON ANTHONY SANTIAGO ALEXANDER FRAME HUNTER KNIGHT BRADLEY OUAMBO TYLER SCOTT ALEXA JOHNSON JAMES LESINSKI ALEX PALOMBA ATAKELTI DESTA MATTHEW MOLDOVANYI Associate Editors Faculty Advisor SHARONA HOFFMAN EMILY KNIGHT HILDA MARINELLO RACHEL RUBENSTEIN LAUREN TONTI Health Matrix: Journal of Law-Medicine Volume 26 2016 The Oliver C. Schroed er, Jr. Scholar-In-Resi dence Lecture Sneaking Around the Constitution: Pretextual “Health” Laws in the Future of Roe v. Wade Nancy Northup 1 Symposium The Pregnancy Penalty Michele Goodwin 17 Borrowing from Dormant Commerce Clause Doctrine in Analyzing Abortion Clinic Regulations Caitlin E. Borgmann 41 Hobby Lobby, Birth Control, and Our Ongoing Cultural Wars: Pleasure and Desire in the Crossfires Robin West 67 Genetic Essentialism in Family Law Jennifer S. Hendricks 109 Articles The “Uberization” of Healthcare: The Forthcoming Legal Storm over Mobile Health Technology’s Impact on the Medical Profession Fazal Khan 123 Improving the Emergency Medical Services System’s Response to Domestic Violence Karen Oehme, Nat Stern, Elizabeth Donnelly & Rebecca Melvin 173 Mentally Ill Employees in the Workplace: Does the ADA Amendments Act Provide Adequate Protection? Debbie N. Kaminer 205 Tantamount to Fraud?: Exploring Non-Disclosure of Genetic Information in Life Insurance Applications as Grounds for Policy Rescission Anya E.R. Prince 255 America Needs the TREAT Act: Expanding Access to Effective Medication for Treating Addiction Barbara Andraka-Christou 309 First Do No Harm: Protecting Patients Through Immunizing Health Care Workers Rene F. Najera & Dorit R. Reiss 363 Note s The Constitutionality of Solitary Confinement: Insights from Maslow’s Hierarchy of Needs Lindley A. Bassett 403 Human Trafficking: How a Joint Task Force Between Health Care Providers and Law Enforcement Can Assist with Identifying (...truncated)