Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 25 of 25

Full-Text Articles in Law

Owning Persons: The Application Of Property Theory To Embryos And Fetuses, Jessica Wilen Berg Jan 2005

Owning Persons: The Application Of Property Theory To Embryos And Fetuses, Jessica Wilen Berg

Faculty Publications

Embryos are all over the news. According to the New York Times there are currently 400,000 frozen embryos in storage. Headlines proclaim amazing advances in our understanding of embryonic stem cells. And legislation involving cloning and embryos continues to be hotly debated. Despite the media attention, theoretical analysis of embryos' legal status is lacking.

This article advances a number of novel arguments. First, recognition of property interests does not preclude the recognition of personhood interests. Embryos, fetuses and children may be both persons and property. Second, property law is conceptually more suited to resolving debates about embryos than procreative liberty, …


Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal United States‟ Long Term Care System Through International Means, Ruqaiijah Yearby Jan 2005

Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal United States‟ Long Term Care System Through International Means, Ruqaiijah Yearby

Faculty Publications

Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …


Genetic Enhancement: Plan Now To Act Later, Maxwell J. Mehlman Jan 2005

Genetic Enhancement: Plan Now To Act Later, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


Why So Glum ? Toward A Fair Balance Of Competitive Interests In Direct-To-Consumer Advertising And The Well-Being Of The Mentally Ill Consumers It Targets, Erin Lenhardt Jan 2005

Why So Glum ? Toward A Fair Balance Of Competitive Interests In Direct-To-Consumer Advertising And The Well-Being Of The Mentally Ill Consumers It Targets, Erin Lenhardt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 15 Issue 2 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2005

Volume 15 Issue 2 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Symposium: Health Care And Tax Exemption: The Push And Pull Of Tax Exemption Law Onthe Organization And Delivery Of Health Care Services -- Introduction, Laura B. Chisolm Jan 2005

Symposium: Health Care And Tax Exemption: The Push And Pull Of Tax Exemption Law Onthe Organization And Delivery Of Health Care Services -- Introduction, Laura B. Chisolm

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Dealing With Dying: How Insurers Can Help Patients Seeking Last-Chance Therapies (Even When The Answer Is "No"), Kathy L. Cerminara Jan 2005

Dealing With Dying: How Insurers Can Help Patients Seeking Last-Chance Therapies (Even When The Answer Is "No"), Kathy L. Cerminara

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 15 Issue 1 (2005) Jan 2005

Masthead, Volume 15 Issue 1 (2005)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Impact Of Federal Tax Exemption Standards On Health Care Policy And Delivery, Douglas M. Mancino Jan 2005

The Impact Of Federal Tax Exemption Standards On Health Care Policy And Delivery, Douglas M. Mancino

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medical Education And Malpractice: What's The Connection ?, Lars Noah Jan 2005

Medical Education And Malpractice: What's The Connection ?, Lars Noah

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Prompt Pay Statutes Should Be Interpreted To Grant Providers A Private Right Of Action To Seek Enforcement Against Payors, Monica E. Nussbaum Jan 2005

Prompt Pay Statutes Should Be Interpreted To Grant Providers A Private Right Of Action To Seek Enforcement Against Payors, Monica E. Nussbaum

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington Jan 2005

Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller Jan 2005

Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Letter: Letter To The Editors Of Health Matrix, Peter M. Sfikas Jan 2005

Letter: Letter To The Editors Of Health Matrix, Peter M. Sfikas

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer Jan 2005

Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Ethical Concerns Related To Treating Gender Nonconformity In Childhood And Adolescence: Lessons From The Familyl Court Of Australia, Hazel Beh, Milton Diamond Jan 2005

Ethical Concerns Related To Treating Gender Nonconformity In Childhood And Adolescence: Lessons From The Familyl Court Of Australia, Hazel Beh, Milton Diamond

Health Matrix: The Journal of Law-Medicine

No abstract provided.


2005 Schroeder Scholar In Residence Lecture -- Reforming The U.S. Health Care System: What The Legal & (And) Medical Professions Need To Know, Arnold S. Relman Jan 2005

2005 Schroeder Scholar In Residence Lecture -- Reforming The U.S. Health Care System: What The Legal & (And) Medical Professions Need To Know, Arnold S. Relman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Bioethics Consultants: Corporate Reliance On A New Field Of Consultation, Kevin Schadick Jan 2005

Bioethics Consultants: Corporate Reliance On A New Field Of Consultation, Kevin Schadick

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2005

Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Failure Of Community Beneift, John D. Colombo Jan 2005

The Failure Of Community Beneift, John D. Colombo

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Care Joint Ventures Between Tax-Exempt Organizations And For-Profit Entities, Michael I. Sanders Jan 2005

Health Care Joint Ventures Between Tax-Exempt Organizations And For-Profit Entities, Michael I. Sanders

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Do Fiduciary Duties Contained In Federal Tax Laws Effectively Promote National Health Care Policies And Practices ?, Nina J. Crimm Jan 2005

Do Fiduciary Duties Contained In Federal Tax Laws Effectively Promote National Health Care Policies And Practices ?, Nina J. Crimm

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall Jan 2005

Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 15 Issue 2 (2005) Jan 2005

Masthead, Volume 15 Issue 2 (2005)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Lessons To Be Learned From The 407 Process, Lainie Friedman Ross Jan 2005

Lessons To Be Learned From The 407 Process, Lainie Friedman Ross

Health Matrix: The Journal of Law-Medicine

No abstract provided.