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Full-Text Articles in Law
Introduction: The Right To Die After Cruzan, Diane E. Hoffmann
Introduction: The Right To Die After Cruzan, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman
Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman
Faculty Scholarship
No abstract provided.
The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann
The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin
Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin
Faculty Scholarship
No abstract provided.
The Long Dying Of Nancy Cruzan, George J. Annas
The Long Dying Of Nancy Cruzan, George J. Annas
Faculty Scholarship
With the Nancy Cruzan decision, 1 the post-Reagan Supreme Court continued recreating America's legal landscape by transferring traditional rights from its citizens to state legislatures and state officials. Attorneys Bopp and Marzen see Cruzan as a cause for celebration. 2 The more common view is that it is a hollow acceptance of the technological imperative that requires all Americans to engage in extensive damage control. Given the composition of the Court, constituted by President Ronald Reagan to overrule Roe v. Wade, Bopp and Marzen correctly note that the result in Cruzan was "practically inevitable." But its inevitability does not …
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Faculty Scholarship
Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Faculty Scholarship
We have come to accept, as a matter of both law and medical ethics, that open and honest discussion is crucial to the doctor–patient relationship. We accordingly deplore the practice in Plato's Greece whereby, for slaves, "verbal communication between healer and patient was reduced to a minimum." But restricting conversation between doctor and patient has now become a matter of government policy, again distinguishing patients according to economic class.
The Health Care Proxy And The Living Will, George J. Annas
The Health Care Proxy And The Living Will, George J. Annas
Faculty Scholarship
A legally enforceable declaration can be executed only 14 days or more after a person is diagnosed as having a terminal illness, defined as one that will cause the patient's death "imminently," whether or not life-sustaining procedures are continued. [...]even though this statute was inspired by her story, it would not have helped Quinlan, because she was not terminally ill.
Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann
Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Faculty Scholarship
The face of American health care has changed since the creation of the two largest government funded health programs, Medicare and Medicaid. Whatever positive cultural benefits those programs have provided, they have carried with them one overwhelming defect: a language with obscure and untreatable words and phrases which has added to the mystery and impenetrability of the underlying substantive law. This article discusses Oregon’s proposal for prioritization, reviews legal arguments, a policy argument against the proposal, and finally concludes that any priority list that generalizes from condition-treatment pairs necessarily overgeneralizes, that the range of cost-utility ratios for any condition-treatment pair …