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Full-Text Articles in Law

Public Health Law—Punishing Pain: Why Treating Chronic Pain With Opioids Needs A New Standard Of Care, Robert Stodola Jun 2023

Public Health Law—Punishing Pain: Why Treating Chronic Pain With Opioids Needs A New Standard Of Care, Robert Stodola

University of Arkansas at Little Rock Law Review

No abstract provided.


Liberty And Health, Frank Griffin Sep 2021

Liberty And Health, Frank Griffin

University of Arkansas at Little Rock Law Review

Liberty is the essence of human nature and is necessary for optimal health. During the COVID-19 pandemic, the government placed unprecedented restrictions on personal liberty in the name of public health, confining millions of Americans to their homes, forcing hundreds of thousands of businesses and parks to close, shuttering abortion clinics, heavily regulating churches, monitoring gatherings in private homes, restricting interstate travel, and shifting disease burdens onto protected populations. Personal liberty is sustenance for individual health. Medical principles of patient autonomy, patient privacy, and social justice are closely related to legal concepts of personal liberty, the liberty of constitutional privacy, …


Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio Apr 2016

Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio

University of Arkansas at Little Rock Law Review

No abstract provided.


Law, Bioethics, And Medical Futility: Defining Patient Rights At The End Of Life, Frederick R. Parker Jr. Jan 2015

Law, Bioethics, And Medical Futility: Defining Patient Rights At The End Of Life, Frederick R. Parker Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher Jul 2014

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher

University of Arkansas at Little Rock Law Review

No abstract provided.


Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar Jul 2014

Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar

University of Arkansas at Little Rock Law Review

No abstract provided.


Health Law—A Call For The Arkansas General Assembly To Modernize The Standard Of Care Requirement In Medical Malpractice Cases. Broussard V. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385., Jarred Kibbey Jul 2014

Health Law—A Call For The Arkansas General Assembly To Modernize The Standard Of Care Requirement In Medical Malpractice Cases. Broussard V. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385., Jarred Kibbey

University of Arkansas at Little Rock Law Review

No abstract provided.


Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage Jul 2014

Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage

University of Arkansas at Little Rock Law Review

No abstract provided.


Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore Jul 2014

Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore

University of Arkansas at Little Rock Law Review

No abstract provided.


Achieving Real Parity: Increasing Access To Treatment For Substance Use Disorders Under The Patient Protection And Affordable Care Act And The Mental Health And Addiction Equity Act, Michael C. Barnes, Stacey L. Worthy Jul 2014

Achieving Real Parity: Increasing Access To Treatment For Substance Use Disorders Under The Patient Protection And Affordable Care Act And The Mental Health And Addiction Equity Act, Michael C. Barnes, Stacey L. Worthy

University of Arkansas at Little Rock Law Review

No abstract provided.


The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung Apr 2013

The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung

University of Arkansas at Little Rock Law Review

No abstract provided.


Avoiding The Unavoidable: The Canon Of Constitutional Avoidance As Applied To The Patient Protection And Affordable Care Act, T. J. Fosko Apr 2013

Avoiding The Unavoidable: The Canon Of Constitutional Avoidance As Applied To The Patient Protection And Affordable Care Act, T. J. Fosko

University of Arkansas at Little Rock Law Review

No abstract provided.


Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard Apr 2013

Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard

University of Arkansas at Little Rock Law Review

No abstract provided.


Let Them Eat . . . Broccoli?, Josie G. Richardson Apr 2013

Let Them Eat . . . Broccoli?, Josie G. Richardson

University of Arkansas at Little Rock Law Review

No abstract provided.


Foreword—A Student Symposium On National Federation Of Independent Business V. Sebelius, Joshua M. Silverstein Apr 2013

Foreword—A Student Symposium On National Federation Of Independent Business V. Sebelius, Joshua M. Silverstein

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone Oct 2012

Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone

University of Arkansas at Little Rock Law Review

Rapid expansion of technology in medicine over the last few decades has both enhanced our lives and complicated our laws. For example, thanks to advances in science and medicine, couples who were previously unable to reproduce are now able to do so with the help of donors, medical personnel, and a host of other middlemen facilitating the process. The growth of medical technology has also lead to the advent of using human eggs for medical research. However, despite competing for eggs from a small pool of willing donors, there is a disparity in the law between the treatment of human …


Family Law And Estate Law - Reproductive Technology - Use Of Artificial Reproductive Technologies After The Death Of A Parent, Lisa Medford Oct 2010

Family Law And Estate Law - Reproductive Technology - Use Of Artificial Reproductive Technologies After The Death Of A Parent, Lisa Medford

University of Arkansas at Little Rock Law Review

No abstract provided.


The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie Jul 2010

The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie

University of Arkansas at Little Rock Law Review

No abstract provided.


Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander Jul 2010

Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.


Don't Bank On Big Medicine: The Virtue Of Specialty Hospitals, Robert Steinbuch Apr 2010

Don't Bank On Big Medicine: The Virtue Of Specialty Hospitals, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.


Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore Jul 2009

Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore

University of Arkansas at Little Rock Law Review

No abstract provided.


Placing Profits Above Hippocrates: The Hypocrisy Of General Service Hospitals, Robert Steinbuch Apr 2009

Placing Profits Above Hippocrates: The Hypocrisy Of General Service Hospitals, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.


Health Law—Negligent Credentialing And You: What Happens When Hospitals Fail To Monitor Physicians, Whitney Foster Jan 2009

Health Law—Negligent Credentialing And You: What Happens When Hospitals Fail To Monitor Physicians, Whitney Foster

University of Arkansas at Little Rock Law Review

No abstract provided.


Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr Oct 2007

Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr

University of Arkansas at Little Rock Law Review

Current federal and state law is inadequate to protect employees from employer's misuse of their genetic information. Genetic information is knowledge of a person's genome that indicates a predisposition towards an illness, disease, or medical condition, where symptoms of the condition have yet to manifest themselves. Federal law protections are insufficient, and relevant state laws vary in their scope and application. Not only are employees unevenly protected across the United States, but varying standards also make complying with the law difficult for interstate employees.

To give employees sufficient protection and to facilitate employer compliance, Congress should pass a law specifically …


Health Law—The Arkansas Resident's Rights Statute And Civil Enforcement—Cutting Off Its Nose To Spite Its Face: How The Arkansas Resident's Right Statute Is Defeating Its Purpose Of Improving Quality Of Care To Nursing Home Residents By Crippling The Nursing Homes Themselves. Health Facilities Management Corp. V. Hughes, No. 05-90, 2006 Ark. Lexis 122 (Feb. 9, 2006)., Carol Elizabeth Nixon Apr 2007

Health Law—The Arkansas Resident's Rights Statute And Civil Enforcement—Cutting Off Its Nose To Spite Its Face: How The Arkansas Resident's Right Statute Is Defeating Its Purpose Of Improving Quality Of Care To Nursing Home Residents By Crippling The Nursing Homes Themselves. Health Facilities Management Corp. V. Hughes, No. 05-90, 2006 Ark. Lexis 122 (Feb. 9, 2006)., Carol Elizabeth Nixon

University of Arkansas at Little Rock Law Review

Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …


Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece Apr 2005

Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece

University of Arkansas at Little Rock Law Review

No abstract provided.


Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill Apr 1997

Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill

University of Arkansas at Little Rock Law Review

No abstract provided.


The Emergency Medical Treatment And Active Labor Act: An Act Undergoing Judicial Development, Diane S. Mackey Apr 1997

The Emergency Medical Treatment And Active Labor Act: An Act Undergoing Judicial Development, Diane S. Mackey

University of Arkansas at Little Rock Law Review

No abstract provided.


Torts—Change In The Arkansas Law Of Informed Consent: What's Up, Doc? Aronson V. Harriman, 321 Ark. 359, 901 S.W.2d 832 (1995)., Elizabeth Sudbury Langston Jan 1997

Torts—Change In The Arkansas Law Of Informed Consent: What's Up, Doc? Aronson V. Harriman, 321 Ark. 359, 901 S.W.2d 832 (1995)., Elizabeth Sudbury Langston

University of Arkansas at Little Rock Law Review

No abstract provided.


The Shift Toward Managed Care And Emerging Liability Claims Arising From Utilization Management And Financial Incentive Arrangements Between Health Care Providers And Payers, Brian P. Battaglia Jan 1997

The Shift Toward Managed Care And Emerging Liability Claims Arising From Utilization Management And Financial Incentive Arrangements Between Health Care Providers And Payers, Brian P. Battaglia

University of Arkansas at Little Rock Law Review

No abstract provided.