Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Loyola University Chicago, School of Law (33)
- St. Mary's University (28)
- Case Western Reserve University School of Law (26)
- University of Maryland Francis King Carey School of Law (12)
- Cleveland State University (8)
-
- University of Michigan Law School (8)
- University of Richmond (4)
- American University Washington College of Law (3)
- Chicago-Kent College of Law (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- Campbell University School of Law (2)
- Maurer School of Law: Indiana University (2)
- North Carolina Central University School of Law (2)
- University at Buffalo School of Law (2)
- University of Denver (2)
- University of Oklahoma College of Law (2)
- Duke Law (1)
- Fordham Law School (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- St. Mary’s Law Journal (17)
- St. Mary’s University School of Law (13)
- Health care (8)
- Health insurance (7)
- Criminal law (4)
-
- Health care industry;Law -- Study & teaching (4)
- Medical malpractice (4)
- Negligence (4)
- St. Mary’s School of Law (4)
- Texas (4)
- Abortion (3)
- Constitutional law (3)
- Duty of care (3)
- Ethics (3)
- Liability (3)
- Medicaid (3)
- Medicare (3)
- Physicians (3)
- Public health (3)
- Public policy (3)
- AWP (2)
- Americans with Disabilities Act (2)
- Antitrust (2)
- Any Willing Provider (2)
- Bargaining power (2)
- Biomedical research (2)
- Biotechnology (2)
- Children (2)
- Civil law (2)
- Common law (2)
- Publication
-
- Annals of Health Law and Life Sciences (28)
- St. Mary's Law Journal (28)
- Health Matrix: The Journal of Law-Medicine (26)
- Journal of Health Care Law and Policy (12)
- Journal of Law and Health (7)
-
- Public Interest Law Reporter (4)
- Chicago-Kent Law Review (3)
- Michigan Law Review (3)
- University of Michigan Journal of Law Reform (3)
- University of Richmond Law Review (3)
- Washington and Lee Law Review (3)
- Buffalo Women's Law Journal (2)
- Campbell Law Review (2)
- Human Rights & Human Welfare (2)
- Human Rights Brief (2)
- Indiana Law Journal (2)
- Michigan Journal of Gender & Law (2)
- North Carolina Central Law Review (2)
- Oklahoma Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- American University Law Review (1)
- Cleveland State Law Review (1)
- Duke Law & Technology Review (1)
- Fordham Urban Law Journal (1)
- Kentucky Law Journal (1)
- Loyola Consumer Law Review (1)
- Richmond Journal of Law & Technology (1)
- San Diego Law Review (1)
- UIC Law Review (1)
- University of Baltimore Law Review (1)
Articles 1 - 30 of 152
Full-Text Articles in Law
Discoverability Of Healthcare Provider Policies And Incident Reports, Michael L. Goodman, Kathleen M. Mccauley, Suzanne S. Duvall
Discoverability Of Healthcare Provider Policies And Incident Reports, Michael L. Goodman, Kathleen M. Mccauley, Suzanne S. Duvall
University of Richmond Law Review
No abstract provided.
The Medicare Prescription Drug, Improvement, & Modernization Act Of 2003: Are We Playing The Lottery With Healthcare Reform?, Melissa Ganz
The Medicare Prescription Drug, Improvement, & Modernization Act Of 2003: Are We Playing The Lottery With Healthcare Reform?, Melissa Ganz
Duke Law & Technology Review
With millions of Americans unable to cope with the rising costs of prescription drugs, and many even forced to go without health insurance, the mounting pressure on Congress to enact major healthcare reform culminated in the Medicare Prescription Drug, Improvement, & Modernization Act of 2003. This iBrief examines this legislation, and concludes that it provides elusive benefits for seniors and merely creates a windfall for the pharmaceutical and insurance industries.
Article 81 Enactment And Its Impact On The Aging Women Population, Jennifer G. Flannery
Article 81 Enactment And Its Impact On The Aging Women Population, Jennifer G. Flannery
Buffalo Women's Law Journal
No abstract provided.
Murder In A Petri Dish? The Wrath Of Illinois' Miller V. American Infertility Group: A Push For Legislative Action, Maria Pellegrino
Murder In A Petri Dish? The Wrath Of Illinois' Miller V. American Infertility Group: A Push For Legislative Action, Maria Pellegrino
Buffalo Women's Law Journal
No abstract provided.
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Campbell Law Review
No abstract provided.
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
San Diego Law Review
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Campbell Law Review
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Chicago-Kent Law Review
No abstract provided.
The Changing World Of Employee Benefits, Maria O'Brien Hylton
The Changing World Of Employee Benefits, Maria O'Brien Hylton
Chicago-Kent Law Review
The employee benefits picture, at least for many plan participants and some plan sponsors, is a scary and bleak one. The number of workers with pension coverage is declining, health insurance rates are rising much faster than the rate of inflation, and the number of uninsured continues to rise as well. The decline in union density, the recent boost given by the U.S. Supreme Court to Any Willing Provider ("AWP") laws, and the deluge of recent benefits-related scandals are also all part of this landscape. This Article examines each of these issues, with a focus on reforms that would increase …
The Parent Trap: Uncovering The Myth Of "Coerced Parenthood" In Frozen Embryo Disputes, Ellen Waldman
The Parent Trap: Uncovering The Myth Of "Coerced Parenthood" In Frozen Embryo Disputes, Ellen Waldman
American University Law Review
No abstract provided.
Can't We All Just Get Along?: The Treatment Of "Interacting With Others" As A Major Life Activity In The Americans With Disabilities Act, Mark Deloach
Vanderbilt Law Review
The Americans with Disabilities Act (ADA) was passed in 1990 with the stated goal of providing a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress determined that, at the time of the passage of the Act, approximately forty-three million Americans had mental or physical disabilities. By enacting the ADA, Congress meant to "provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities." Now, fourteen years after the ADA's enactment, the success of these goals is in doubt. A 1998 survey of cases brought under Title I of the ADA indicated that …
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
University of Richmond Law Review
No abstract provided.
Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller
Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller
Michigan Law Review
Health care in America is an expensive, complicated, inefficient, tangled mess - everybody says so. Patients decry its complexity, health care executives bemoan its lack of coherence, physicians plead for universal coverage to simplify their lives so they can just get on with taking care of patients, and everyone complains about health care costs. The best health care in the world is theoretically available here, but we deliver and pay for it in some of the world's worst ways. Occam's razor ("Among competing hypotheses, favor the simplest one") is of little help here. There are no simple hypotheses - everything …
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Michigan Law Review
Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …
Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman
Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman
University of Michigan Journal of Law Reform
This Note addresses the importance of expanding the federal Family and Medical Leave Act and state family and medical leave laws to protect domestic partners. Congress passed the Family and Medical Leave Act to allow workers to balance their work lives and family lives by granting workers the right to take leave time to care for an immediate family member in times of medical necessity. The term 'family member," however, is generally limited to relation y blood, adoption, or marriage, and does not include an individual's domestic partner. The concept of family has evolved in our legal system and is …
Liberty, Justice, And Insurance For All: Re-Imagining The Employment-Based Health Insurance System, Carolyn V. Juárez
Liberty, Justice, And Insurance For All: Re-Imagining The Employment-Based Health Insurance System, Carolyn V. Juárez
University of Michigan Journal of Law Reform
This Note examines the history of employment-based health insurance and the inherent historical limitations that have led to an erosion of health insurance coverage. Based on a review of several studies, this Note argues that the number of uninsured Americans has reached crisis proportions. State reform efforts, legislative proposals, and other proposed solutions have failed to repair the system. Nonetheless, this Note argues that employment-based health care is integral to the structure of national health care. Furthermore, health insurance coverage can be increased by combining employment-based health care with three reforms: large employer mandates, refundable tax credits, and purchasing pools. …
Erroneously Conferred Eligibility Under The Family And Medical Leave Act, Nikolas D. Johnson
Erroneously Conferred Eligibility Under The Family And Medical Leave Act, Nikolas D. Johnson
North Carolina Central Law Review
No abstract provided.
Giving Pharmaceutical Manufacturers A Pill To Swallow: Why North Carolina Should Provide Discount Prescription Drugs To Non-Elderly Uninsured Citizens, Vaddrick Q. Parker
Giving Pharmaceutical Manufacturers A Pill To Swallow: Why North Carolina Should Provide Discount Prescription Drugs To Non-Elderly Uninsured Citizens, Vaddrick Q. Parker
North Carolina Central Law Review
No abstract provided.
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
West Virginia Law Review
No abstract provided.
Is Fifra Enough Regulation? Failure To Obtain A Npdes Permit For Pesticide Applications May Violate The Clean Water Act, Rebecca E. Leintz
Is Fifra Enough Regulation? Failure To Obtain A Npdes Permit For Pesticide Applications May Violate The Clean Water Act, Rebecca E. Leintz
Chicago-Kent Law Review
In the summer of 1999, West Nile Virus, a mosquito-borne illness, appeared in the eastern United States and has since worked its way across the country. Thousands have been infected, and hundreds have died from the virus. Communities, struggling to protect their residents, have often been forced to employ widespread pesticide spraying to stop the virus' spread. Citizens and environmental groups, however, have expressed concern that pesticide spraying is damaging to the environment and contend that the law has been broken. They argue that when these pesticides are deposited onto water bodies, without first obtaining a permit, there is a …
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
William & Mary Law Review
The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Annals of Health Law and Life Sciences
Author Leatrice Berman-Sandier reports on independent medical review (IMR), a state-based statutory remedy used to resolve disputes over coverage between patients and their health plans. Ms. Berman-Sandler explores the connection between ERISA preemption and IMR, and opines that in light of recent Supreme Court decisions, the stage has been set for expansion of IMR. Accordingly, Ms. Berman-Sandler concludes that there are strong legal and policy reasons for state legislatures to broaden the application of IMR and for the Court to continue to narrow ERISA preemption in order to increase accountability in the managed care arena.
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Annals of Health Law and Life Sciences
This article compares various models of ethics education and how these models are employed by both medical schools and law schools. The authors suggest ways in which each profession can enhance their ethical teaching and argue that ethics education in both medicine and law should combine the best elements of each education model, thereby producing graduates who are more knowledgeable and appreciative of ethical issues in practice.
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
Annals of Health Law and Life Sciences
Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that …
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Annals of Health Law and Life Sciences
This article explores the key issues involved in the attempts at reform of the present medical malpractice system. Investigating the effects that federal tort reform legislation would have on physicians, patients, lawyers, and the medical malpractice insurers, Dr. Gunnar succinctly outlines the issues surrounding the present "crisis in healthcare" and explores the separate interests involved. The article examines the economic forces influencing the medical malpractice insurance industry, reviews previous tort reform, and predicts the future of federal tort reform legislation. Dr. Gunnar concludes by proposing alternatives for malpractice reform.
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Susan Schwartz
Private Responses To The Crisis, Susan Schwartz
Annals of Health Law and Life Sciences
No abstract provided.
Health Care Costs Continue Steady, Steep Climb, Douglas C. Nelson
Health Care Costs Continue Steady, Steep Climb, Douglas C. Nelson
Loyola Consumer Law Review
No abstract provided.