Justice Anthony Kennedy held the majority opinion with other Justices in the Obergefell vs. Hodges case, stating that the same-sex marriage ban violated the Fourteenth Amendment of the charter. He adduced that the freedom to marry is a fundamental right that every individual should enjoy as it is protected under...
Introduction Edith Windsor and Thea Spyer married in Toronto in 2007 when same-sex marriage was legal in Canada. Before Spyer passed away, the pair had been legally married in New York (McFadden, 2017). Nevertheless, the Internal Revenue Service refused Windsor’s usage of a spousal land levy exclusion on the argument...
Negotiation in a legal context is more challenging than any other because it affects the outcome of the litigation. For divorcing spouses, the topic of moral and ethical behavior and resolving the property division dilemma comes up (May, 2018). The issue of dividing the household and responsibilities for children, how...
Introduction Until the latter third of the 19th century, abortion was a prevalent practice in the United States. During that time, the practice was criminalized by the states. Through the distribution of lethal herbs, colonial physicians promoted abortion (Pollit, 1997). As a result, abortions were rampant in the United States....
Introduction When there is more than one child in a family, sibling rivalry and conflict may emerge for different reasons. Sometimes, parents can notice and solve children’s problems and help them establish friendly relationships. Unfortunately, in most cases, child abuse remains hidden from public view and official reports. It is...
Adoption practice existed long before that method was universally lauded and extensively adopted. The history of legislative adoption in the United States may be loosely split in two: before and after the 1851 Act was enacted. In the 19th century, legislatures throughout the United States first passed adoption laws. Some...
Over the past half-century, academia, civil society, and generally the young people have consistently called for the incorporation of the United Nations Convention on the Rights of the Child into the Scots law. Incorporation of child’s right meant legally protecting the rights of children in the United Kingdom, especially those...
Introduction When the needs of the child are satisfied a base for proper development and growth are met. This need includes security and a loving environment which are provided by the parents for the child’s stability and development. Unfortunately, some parents cannot, or lack the skills to care for their...
The article is dedicated to a dispute concerning the legality of the Indian Child Welfare Act of 1978 and lower court decisions that subsequently declared it unconstitutional. According to the Act, a considerable number of Native American children were placed in non-Native American families through foster placement or adoption (Reuters,...
Case Facts There are four characters involved in the case whose specific features are to be provided. First, it is David; he is a father and married to Mary, and he is 26 years old. Second, it is Mary, she has been married to David for four years, and she...
Rights and Responsibilities of the Parent and State Children are observed as the greatest resources that will be utilized in the future; hence, it is the responsibility of every parent to take good care of their children. Proper parenting leads to the growth and development of children who are productive...
Introduction The custody institution in the United States of America provides for a legal relationship. The custodian is responsible for the welfare of a minor or an adult with a mental or physical disability. In most cases, custody is obtained when the child’s parents die or are deprived of their...
Abstract Reproduction is a core part of human life and determines the quality and longevity of life. Although conception and birth are expected to be voluntary, many women have fallen victims to unplanned and unwanted pregnancies. According to Barton et al. (2017), unplanned pregnancies result in psychological problems among women....
Introduction Nurse staffing is among the main challenges in the US healthcare system that require appropriate legislation. The “Nurse Staffing Standards for Hospital Patient Safety and Quality care act of 2019” is an active bill that majors on nurse staffing in hospitals (Della Volpe, 2021). It provides guidelines on the...
As pharmaceuticals and biotechnology companies announced the completion of clinical trials testing the vaccine against COVID-19 and received emergency use authorization, all states started introducing it. Like any other vaccination, the shots against the SARS-CoV-2 are voluntary. Although many people in the United States received their vaccinations, the U.S. has...
Introduction The regulation of relations in family law is based on the choice of applicable law to such categories as marriage, divorce, parental responsibility, etc. It is essential to pay attention to the issues of the option of connecting factors for the applicable law. Nationality as a category of human...
The Tobacco Control Act was signed into law on June 22, 2009, to safeguard the public’s health and was created to provide a healthier future for every American. It is also known as Family Smoking Prevention and Tobacco Control Act affords the Food and Drug Administration (FDA) the power to...
The federal legalization of marijuana is a controversial topic in America. Some states have legalized it for medical purposes, others for medical and recreational use, and others not. There are people on both sides of the debate on whether cannabis should be legalized nationally. Marijuana should be federally legalized because...
Introduction Modern society is characterized by rapid development in all spheres, but some aspects still cause debate. The right to life is a fundamental human right, without which all other rights and freedoms are meaningless. However, the problem of abortion is still relevant, especially in Texas, the United States of...
The nurse staffing bill aims to provide guidelines on the standard registered nurse to patient ratios. It was enacted in response to a report indicating that optimal patient care is directly related to the number of nurses presented in a hospital ward. This bill provides a remedy against the unsafe...
In the USA, every father is entitled to certain rights and responsibilities with respect to their children (Arendell, 2005). As such, a father does not have to obtain a court order to enjoy his parental rights as they are already guaranteed in the constitution. Therefore, as a father and a...
Negligence is when a person who owes a duty of care, fails to act according to the reasonable standard of care hence causing the injury (Charney & Hunter , 2011). A defendant must owe a duty of care to the plaintiff with a balance of probabilities and must be related...
Introduction Negligence refers to failure to exercise the required standard of care that any reasonable person ought to have exercised in a given situation. Negligence cannot exist where there is no duty of care that is owed by the defendant to the plaintiff. It means that the cause of action...
Health Policies and Law The American legal system has different regulations in healthcare that regulate government responsibility towards society and formalize the commitment towards achieving universal health goals. The (HIPAA) is an act that allows Americans to maintain the same insurance policies as they move from one job to the...
Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a statutory regulation that mandates the development of national guidelines to prevent confidential patient health details from being exposed without the patient’s permission or approval. To enforce HIPAA standards, the...
Bill Provision The Nurse Staffing Standards for Patient Safety and Quality Care Act of 2019 seeks to amend the Public Health Service Act by introducing a specific patient-nurse staffing ratio condition for direct personalized services in hospitals. The United States of America House of Representatives and Senate have a mandate...
Introduction Establishment of Accountable Care Organizations (ACOs) has remained a major component of the Affordable Care Act since the ACOs form the primary part of implementing the Affordable Care Act. Reflectively, the ACOs are aimed at promoting accountability as part of the health reforms inspired by the Affordable Care Act....
Abstract This paper undertakes a peer review of a research article that employs a partisan lens to respond to some of the most prominent issues that cropped up after the Affordable Care Act (ACA) was passed into law. The research article focuses on the political controversies that continue to surround...
Introduction Abortion has remained a controversial subject since time immemorial. For Along time, a large group of people who have now come to be known as pro-life activists has vehemently campaigned against the legalization of abortion, citing that it is not only inhumane but also a sin, and as it...
Abstract The Accountable Care Act (ACA) is a bill passed by the congress in America in 2010. After the signing of the act was made, it came into operation early 2011. President Obama is one of the key figures that proposed the law. The act seeks to provide health insurance...
Executive Summary Organ donation establishes a tremendous difference in someone’s life; thus, people who donate organs to others do it with an aim of saving or improving someone’s life. Many countries have ratified laws which govern organ donation. The US, for instance, has devised laws such as; Uniform Anatomical Gift...
Legalization of Marijuana The public policy includes the decisions and actions that governments take in order to address certain public issues and problems such as crime. Crime in most societies is dealt with through the legal system and criminal justice institutions which outline and enforce set consequences for particular crimes....
Introduction March 23rd, 2010 was a historic day in Washington after a nearly century old struggle. After debate, false starts and incremental change, major healthcare reform legislation was passed by both the houses of congress and signed by President Barack Obama. The president and the congress and the senate succeeded...
Abstract The Department of Health and Human Services (DHHS) consists of several regulatory agencies to control the activities within the health care industry in order to promote high-quality health care and to guarantee the public’s access to health care services. Such laws and regulations as the Emergency Treatment and Active...
Introduction The provision of health care services is an important aspect of human life compared to all other needs. This explains why healthcare bills usually arouse debates and confrontations among law makers. Nations and individuals have placed a lot of resources on research to ensure they develop effective ways of...
Maryland Health Benefit Exchange is an independent department of the US government set up in April 2011 by the Patient Protection and Affordable Act of 2010. The law requires that every state should offer health care plans at affordable rates. Individuals should therefore not buy plans the Exchange offers. The...
Introduction Medicinal marijuana is the use of cannabis and its extracts as a remedy for curing or managing medical conditions. This form of medication has been in use since 2,757 BC and today continues to elicit mixed debates about its legalization and subsequent use in medical institutions. Although the scope...
Background on the legislation The Patient Protection and Affordable Care Act (PPACA) was passed into law in March 2010, following a public outcry on the need for reforms in the healthcare system. Previously, the provision of health care in the United States has been in the spotlight over the accessibility...
There are two central and distinct moral issues about physician-assisted suicide. First, is physician-assisted suicide morally justified in any individual cases? Second, would it be ethically justified for public and legal policy to permit physician-assisted suicide? In some cases, assisted suicide has seemed to be endorsed ahead of euthanasia; indeed,...
Introduction The subject of health care and its nature of fundamentality for human beings has been one of the most unsolved and most politicized in the United States. While the debate rages, minorities and non white Americans continue suffering from poor health due to their economic and social disadvantages and...
Introduction An anti-drug legislation is a law that is drafted forbidding the use of narcotic drugs by citizens. In the United States of America, it is the responsibility of the state, federal, and the local government to come up with laws that regulate the use of drugs in the country....
Euthanasia has been considered illegal in most of the States in the United States. However, words like “euthanasia”, “mercy killing” and “physician assisted suicide” are used by the judges, physicians and attorneys commonly without a proper definition of the terms. In the very narrow sense “physician-assisted suicide” means that a...
The journey of Marijuana legalization started more than four decades ago but has gone through various challenges and hindrances. Today few countries and state governments have embraced its recreational use and hence have legalized its possession and usage. This paper aims at discussing the macroeconomic pros and cons of legalizing...
Cannabis is a psychoactive drug that is derived from the plant Cannabis sativa or Cannabis indica. It is mainly used for medicinal or leisure purposes. The other name for this drug is marijuana. Tetrahydrocannabinol is the main active ingredient found in the dried leaves, stems, flowers, and seeds of the...
The main purpose of the Patient Protection and Affordable Care Act (PPACA) of 2010 was to provide and expand the provision of Medicaid and Medicare to all persons who earn less than 133% of the standards established by the federal poverty level. The PPACA 2010 was also created to provide...
Abstract The Family Medical Leave Act (FMLA) is a law that must be followed by all public and private-sector employers under its jurisdiction. It helps employees to strike a balance between work and family commitments. The law grants workers up to 12 weeks of protected sick leave in one year....
Summary of the case Various ethical considerations associated with abortion raise controversies between the doctors and the anti-abortion activists. Indeed, the abortion service providers and the anti-abortion activists seek to protect the rights of some people. However, as the activists fight for the rights of the unborn child, the abortion...
Health economics concepts have a direct impact on health care, and in order to improve the quality and affordability of health care medical professionals and policymakers have to consider the economic approach towards analyzing current health care issues and their underlying causes. Economics is a broad term which is typically...
Introduction Practitioners have little or no control in many aspects of medical practice. This reminds these professionals that despite the long-term clinical training they underwent, they are not guaranteed a favorable patient outcome. This paper evaluates the approaches a lawyer of a hospital may recommend in a situation when he/she...
Introduction Over the years, the institution of marriage in the United States has experienced a number of changes. One element that has attracted a lot of controversy is same-sex marriages (Isenberg par. 2). This debate started in the 1970’s when most states did not recognize couples in same-sex relationships. Such...
Introduction Marijuana had existed before the 20th century and was mainly recommended for treating various medical problems. In an attempt to regulate it through legislation, there was a change in the societal perception of its use for leisure purposes. The enactment of marijuana laws draws varied outcomes of its usage...
Introduction The Patient Protection and Affordable Care Act (PPACA) is the current healthcare policy enacted by the government of the United States amended by the Health and Education Reconciliation Act and became law on March 23, 2010 (Rosenbaum, 2011). The primary provisions of the bill include establishing new founded rules...
Introduction Health care sectors in the USA and Canada are major sources of employment. They are also key public fund recipients. Therefore, the health care policies in these countries are important for both their contribution and impact on the overall national growth. Most industrialized countries publicly fund their health care...
The problem of a drug testing of welfare recipients has sparked a public outcry. The question of whether welfare recipients should be drug tested or not has its own supporters and detractors. The arguments of those who think that drug testing is necessary are obvious. It is believed that the...
Public health care policies are created to improve the quality of service on every stage of medical treatment. These policies approach every aspect of medical care: cost, access, and quality of the service. The implementation of new policies often falls on nurses that have the first-hand experience in the field....
Is Health Care a Right or a Privilege? Despite the fact that all the citizens of the United States have constitutionally guaranteed rights to life, freedom, and safety, many of those who are sick or disabled cannot enjoy these rights. Millions of Americans cannot afford even basic medical care, either...
