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A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney

Faculty Scholarship

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …

Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie

Buffalo Public Interest Law Journal

No abstract provided.

Law & Health Care Newsletter, V. 10, No. 1, Fall 2002

Law & Health Care Newsletter

No abstract provided.

Celebrating Boston Girls: Sharing Resources, Building Strengths, Francine Sherman

Francine T. Sherman

Co-sponsored with the Ella J. Baker House, the College of Criminal Justice of Northeastern University, and the Dorchester (Massachusetts) Community Roundtable.

Public Health Emergency Preparedness: Fundamentals Of The "System", Eileen Salinsky

National Health Policy Forum

This paper examines the existing public health infrastructure, with an emphasis on the resources and activities necessary for public health emergency preparedness and response. It provides a brief historical overview of the evolution of public health and contrasts public health interventions with medicine and health care services. The paper summarizes the broad range of activities that constitute public health practice today and provides a more detailed review of functions and services that are critical to emergency response capabilities. It explores the legal foundation for public health authorities, discussing constitutional, federal, and state public health law. The paper also summarizes how …

Giving A Voice To The Silent Mentally Ill Client: An Empirical Study Of The Role Of Counsel In The Civil Commitment Hearing, Donald H. Stone

All Faculty Scholarship

In the civil commitment arena, where a mentally ill person is allegedly a danger to the life or safety of themselves or of others and in need of in-patient care or treatment, there are two groups assigned to protect the people: one, the hospital presenter, who is responsible for investigating and presenting evidence and testimony at a hearing to secure admission to a psychiatric facility as an involuntary patient, the other, the lawyer, who represents and defends the allegedly mentally ill person from such involuntary civil commitment confinement. These are their stories.

The attorney representing a mentally ill client at …

Transcript For Welcome Address , Andrew Pike

American University Law Review

No abstract provided.

Symposium: The Human Genome Project, Dna Science And The Law: The American Legal System's Response To Breakthroughs In Genetic Science: Biographies Of Participants

American University Law Review

No abstract provided.

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.

Co-Occurring Disorders Treatment Workbook, W. Michael Hunt, Kathleen A. Moore, Chad Matthews, Laura Pape

Mental Health Law & Policy Faculty Publications

The co-occurring disorders treatment manual and its companion client workbook were created over a period of several months through the efforts of a working group comprised of substance abuse treatment practitioners and researchers affiliated with the Tampa PIC/Suncoast Practice and Research Collaborative project. The manual was field tested in several treatment agencies in the Tampa Bay area and was then refined through feedback received by practitioners and clients regarding the manual’s utility, ease of comprehension, and perceived relevance of the material to their needs.

Based on the overwhelming number of requests by both counselors and clients, this client workbook was …

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Journal of Law and Health

This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …

The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora

Kentucky Law Journal

No abstract provided.

The Government's Role In Health Care Delivery, Linda Reneé Baker

Annals of Health Law and Life Sciences

As Secretary of Illinois' largest agency, the Department of Human Services, Secretary Baker provides a thorough overview of the role her agency plays in the ongoing health and welfare of the citizens of Illinois. Her contention that government should play a critical role in health care delivery is buttressed by the DHS' role as a funding agent, its contributions of staff and systems, and the direct role it plays in the pursuit of truly public health care. Secretary Baker effectively demonstrates the complexities and disparities that still exist in health care by discussing an inter-generational study of one poor family …

Conceptualizing The Field After September 11th: Forward To A Symposium On Public Health Law, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. On October 4, 2001, a Florida man named Robert Stevens was diagnosed with inhalational anthrax. The intentional dispersal of anthrax through the U.S. postal system in New York, Washington, Pennsylvania and other locations resulted in at least five deaths, hundreds treated, and thousands tested. The prospects of new, larger, and more sophisticated attacks have created a sense of deep vulnerability. The need to rapidly detect and …

Uncontrollable Urges And Irrational People, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax through the U.S. postal system resulted in five confirmed deaths, hundreds treated, and thousands tested. The potential for new, larger, and more sophisticated attacks have created a sense of vulnerability. National attention has urgently turned to the need to detect and react rapidly to bioterrorism as well as to naturally occurring infectious diseases.

Co-Occurring Disorders Problem Gambling Integrated Treatment Workbook, Kathleen Moore, Chad O. Matthews, W. Michael Hunt, Laura Pape

Mental Health Law & Policy Faculty Publications

In this stage (which will be discussed in Module 8 in more detail) the client has achieved abstinence for at least six months. As relapse of substance use and gambling disorders is common, one important goal is to help maintain an awareness that relapse is possible and to take steps to minimize the chan ces of relapse occurring. A second goal of this stage is to expand the client’s recovery to other areas of functioning such as social relationships and health. Comm on strategies include developi ng a relapse prevention plan, participating in self-help groups , and working on rehabilitation.

Co-Occurring Disorders Treatment Manual, Kathleen A. Moore, Chad Matthews, W. Michael Hunt, Laura Pape

Mental Health Law & Policy Faculty Publications

This manual was created over a period of several months through the efforts of a working group comprised of substance abuse treatment practitioners and researchers affiliated with the Tampa PIC/Suncoast Practice and Research Collaborative project. The manual was field tested in several treatment agencies in the Tampa Bay area, and was then refined through feedback received by practitioners and clients regarding the manual’s utility, ease of comprehension, and perceived relevance of the material to their needs.

This manual provides a guide for conducting treatment groups related to co-occurring substance use and mental health disorders. Counselors should feel free to adapt …

Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland

St. Mary's Law Journal

If the presence of a sleeping attorney is so egregious as to result in a reversal of a criminal conviction, it is surely enough to warrant the imposition of civil damages upon the same attorney. A recent trend of cases in which criminal defendants alleged ineffective assistance of counsel—due to sleeping attorneys—resulted in courts being unable to create a uniform analysis for ineffective assistance of counsel. The Sixth Amendment protects a criminal defendant’s right to effective assistance of counsel, and the Supreme Court has devised a two-prong analysis by which claims of ineffective assistance must be reviewed. Burdine v. Johnson …

New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman

Faculty Scholarship

The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …