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Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole
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.
Table Of Contents, Journal Of Law And Health
Table Of Contents, Journal Of Law And Health
Journal of Law and Health
No abstract provided.
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Journal of Law and Health
The question which naturally arises is whether the determination of superseding cause in this context is a question for the jury. Ohio case law has long held, as a matter of law, that the aggravation of an injury by the subsequent malpractice of a physician never breaks the chain of causation. Assuming that the original tortfeaser was negligent and that his actions caused the original injury, the only question left for the jury is whether the plaintiff herself exercised reasonable care in seeking treatment by a qualified physician. This rule was affirmed and given its common appellation, "the subsequent tortfeasor …
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Lawyer Distress: A Comment, Susan S. Locke
Lawyer Distress: A Comment, Susan S. Locke
Journal of Law and Health
I will not debate whether or not the practice of law creates dysfunction, requires dysfunction or perpetuates dysfunction. I am reminded of a colleague who, when looking at his law firm partners who practice in my field of estate planning asked, "Do you have to be eccentric to go into estate planning, or does it just make you that way after a while?" Probably the answer is a little of both, and it is as true for the practice of law in general as it is for estate planning. When the dust settles at some time in the future, we …
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Journal of Law and Health
Part I of this article briefly explores the licensing and disciplinary processes. Because each state board has broad discretion in reaching its decisions, an illness might be ignored in one state, trigger only periodic monitoring in another, and be grounds for sanction in a third. As the duty of every state board is the same - to protect patients from incompetent doctors - this disparate treatment is absurd. The implicit notion that the impact of a physician's illness on his ability to practice changes depending on a state line is not credible. Although statutes and cases may use different language …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Journal of Law and Health
It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.
Masthead, Journal Of Law And Health
Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson
Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson
Journal of Law and Health
This article examines the standards used for answering the question of whether minors should be allowed to donate bone marrow. Part II introduces the legal background and the standards currently used by courts. Part III explores the unsatisfactory nature of these standards. Part IV presents an empirical study that is intended to provide some help in understanding what might be a useful and respectful standard. Part V concludes the article with a discussion of two alternative revised standards grounded in the doctrines of substituted judgment and the best interests of the child.
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Journal of Law and Health
The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …
Clark V. Southview Hospital: Ohio Follows The Nationwide Trend Of Using Agency By Estoppel To Impose Strict Liability On Hospitals , Colleen Moran
Clark V. Southview Hospital: Ohio Follows The Nationwide Trend Of Using Agency By Estoppel To Impose Strict Liability On Hospitals , Colleen Moran
Journal of Law and Health
In Clark, the Ohio Supreme Court set forth a test a plaintiff must meet in order to hold a hospital vicariously liable under the doctrine of agency by estoppel. The court based its test on numerous such decisions from jurisdictions across the country. However, the legal soundness of Clark and the decisions on which it relied is questionable, as many of these jurisdictions misapplied the legal doctrines underlying agency by estoppel theory. This article analyzes the legal doctrines on which agency by estoppel is based, how this theory of vicarious liability has evolved in Ohio, and how state courts across …
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
Masthead, Journal Of Law And Health
Table Of Contents , Journal Of Law And Health
Table Of Contents , Journal Of Law And Health
Journal of Law and Health
No abstract provided.
Introduction, Stephen J. Werber, Kate E. Ryan
Introduction, Stephen J. Werber, Kate E. Ryan
Journal of Law and Health
No abstract provided.
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Journal of Law and Health
What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …
The Health Care Proxy And The Narrative Of Death, Steven I. Friedland
The Health Care Proxy And The Narrative Of Death, Steven I. Friedland
Journal of Law and Health
This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Journal of Law and Health
This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Journal of Law and Health
The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …