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Health Law and Policy

1995

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The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan Nov 1995

The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan

Faculty Scholarship

No abstract provided.


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Sep 1995

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Biological Alteration Cases, Sheldon Gelman Apr 1995

The Biological Alteration Cases, Sheldon Gelman

William & Mary Law Review

No abstract provided.


In Search Of A Bright Line: Determining When An Employer's Financial Hardship Becomes "Undue" Under The Americans With Disabilities Act, Steven B. Epstein Mar 1995

In Search Of A Bright Line: Determining When An Employer's Financial Hardship Becomes "Undue" Under The Americans With Disabilities Act, Steven B. Epstein

Vanderbilt Law Review

The employment provisions of the Americans with Disabilities Act have been fully effective since July 26, 1994. These provisions require all employers with fifteen or more employees to reasonably accommodate the disabilities of job applicants and employees. Reasonable accommodation can be very expensive: one in every twenty accommodations now being made costs more than $5,000. Although the ADA permits employers to refuse to make accommodations that would cause an "undue hardship," neither the statute nor its implementing regulations provide meaningful guidance regarding how great an accommodation expense must be before the point of "undue hardship" is attained. Consequently, neither employers …


The Classroom As Shop Floor: Images Of Work And The Study Of Labor Law, C. John Cicero Jan 1995

The Classroom As Shop Floor: Images Of Work And The Study Of Labor Law, C. John Cicero

Publications and Research

No abstract provided.


Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine Jan 1995

Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine

American University Law Review

No abstract provided.


Transcript: Gender Planning: Different Policy Approaches To Reproductive Health Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches , Caroline Moser, Anne Tinker Jan 1995

Transcript: Gender Planning: Different Policy Approaches To Reproductive Health Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches , Caroline Moser, Anne Tinker

American University Law Review

No abstract provided.


Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise Jan 1995

Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise

American University Law Review

No abstract provided.


Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine Jan 1995

Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine

American University Law Review

No abstract provided.


Transcript: Panel Discussion On Religious &(And) Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , American University Law Review Jan 1995

Transcript: Panel Discussion On Religious &(And) Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , American University Law Review

American University Law Review

No abstract provided.


Who Should Pay For Experimental Treatments--Breast Cancer Patients V. Their Insurers , Denise S. Wolf Jan 1995

Who Should Pay For Experimental Treatments--Breast Cancer Patients V. Their Insurers , Denise S. Wolf

American University Law Review

No abstract provided.


The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle Jan 1995

The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Child Health Supervision: Analytical Studies In The Financing, Delivery, And Cost-Effectiveness Of Preventive And Health Promotion Services For Infants, Children, And Adolescents, Michele R. Solloway, Peter Budetti Jan 1995

Child Health Supervision: Analytical Studies In The Financing, Delivery, And Cost-Effectiveness Of Preventive And Health Promotion Services For Infants, Children, And Adolescents, Michele R. Solloway, Peter Budetti

Center for Health Policy Research

Contents: Financing and Delivery of Child Health Supervision Services (An Overview of Health Insurance Coverage and Access to Child Health Supervision Services, Private Health Insurance Coverage of Preventive Benefits for Children, A 20-Year Retrospective of Child Health Supervision in Ambulatory Pediatric Settings, Ensuring Adequate Health Care Benefits for Children and Adolescents); Child Health Supervision Services and Medicaid (Informing State Medicaid Providers about EPSDT, Barriers to Full Participation in EPSDT and Possible Strategies for the Maternal and Child Bureau, Medicaid Managed Care: A Briefing Book on Issues for Children and Adolescents; State Implementation of OBRA '89 EPSDT Amendments within Medicaid Managed …


Remarks Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Rhonda Copelon Jan 1995

Remarks Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Rhonda Copelon

American University Law Review

No abstract provided.


Inter-American System: Opportunities For Women's Rights, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Claudio Grossman Jan 1995

Inter-American System: Opportunities For Women's Rights, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Claudio Grossman

American University Law Review

No abstract provided.


Report Of The Conference Rapporteur Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Berta Esperanza Hernandez-Truyol Jan 1995

Report Of The Conference Rapporteur Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Berta Esperanza Hernandez-Truyol

American University Law Review

No abstract provided.


Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz Jan 1995

Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Conference On The Interventional Protection Of Reproductive Rights: Preface, Ann Shalleck, Lauren Gilbert, Claudio Grossman Jan 1995

Conference On The Interventional Protection Of Reproductive Rights: Preface, Ann Shalleck, Lauren Gilbert, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Insurance Risk Classification After Mcgann: Managing Risk Efficiently In The Shadow Of The Ada, Maria O'Brien Jan 1995

Insurance Risk Classification After Mcgann: Managing Risk Efficiently In The Shadow Of The Ada, Maria O'Brien

Faculty Scholarship

A significant part of the health insurance debate which gripped the country during the first two years of President Clinton's administration focused on the critical shortage of employer-sponsored health insurance for disabled, br high risk, employees. Indeed, President Clinton's promise of universal access in connection with the promotion of his health care plan is apparently designed to ensure that the increasingly popular employer practice of excluding high risk employees becomes obsolete. In the meantime, while the merits of the Clinton plan and its competitors are debated, individuals like John McGann-working and insured--continue to discover that like their health, their insurance …


A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel Jan 1995

A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

Publications

Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).


Incubator Or Individual?: The Legal And Policy Deficiencies Of Pregnancy Clauses In Living Will And Advance Health Directive Statutes, Timothy J. Burch Jan 1995

Incubator Or Individual?: The Legal And Policy Deficiencies Of Pregnancy Clauses In Living Will And Advance Health Directive Statutes, Timothy J. Burch

Maryland Law Review

No abstract provided.


Developing A Viable Cause Of Action Fro Student Victims Of Sexual Harrassment: A Look At Medical Schools, Kimberly L. Limbrick Jan 1995

Developing A Viable Cause Of Action Fro Student Victims Of Sexual Harrassment: A Look At Medical Schools, Kimberly L. Limbrick

Maryland Law Review

No abstract provided.


The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos Jan 1995

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

UIC Law Review

No abstract provided.


The Americans With Disabilities Act And Refusals To Provide Medical Care To Persons With Hiv/Aids, 27 J. Marshall L. Rev. 347 (1994), Jack P. Desario, James D. Slack Jan 1995

The Americans With Disabilities Act And Refusals To Provide Medical Care To Persons With Hiv/Aids, 27 J. Marshall L. Rev. 347 (1994), Jack P. Desario, James D. Slack

UIC Law Review

No abstract provided.


Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez Jan 1995

Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez

UIC Law Review

No abstract provided.


Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole Jan 1995

Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole

Journal of Law and Health

A growing number of state legislatures have drafted HIV specific crime statutes which criminalize the intentional transmission of the HIV virus to another. This discussion will focus on the impact of HIV-specific crime statutes on the following issues: confidentiality, the right to privacy, the decision to submit to HIV testing, and how the statutes may or may not succeed in containing the spread of HIV.


Legislating Surrogacy: A Partial Answer To Feminist Criticism, Abby Brandel Jan 1995

Legislating Surrogacy: A Partial Answer To Feminist Criticism, Abby Brandel

Maryland Law Review

No abstract provided.


The Texas Homestead: The Last Bulwark Of Liberty Forum., Henry B. Gonzalez Jan 1995

The Texas Homestead: The Last Bulwark Of Liberty Forum., Henry B. Gonzalez

St. Mary's Law Journal

For more than 155 years Texans have adamantly supported the principle that the fundamental need for shelter justifies strict constitutional protection of homes from creditors in all but a few situations. This Article discusses where homestead protection came from and why it should not be lightly discarded. The Texas Constitution contains many rights and liberties for the protection and benefit of the state’s citizens. Unique among these treasured liberties is the protection of a person’s homestead from forced sale or foreclosure by creditors. A group of bankers and other financiers—for whom a homestead is nothing more than collateral and a …


The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss Jan 1995

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …


The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso Jan 1995

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …