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Full-Text Articles in Law

Equality And Sufficiency In Health Care Reform, Gabriel Scheffler Jan 2021

Equality And Sufficiency In Health Care Reform, Gabriel Scheffler

Maryland Law Review

No abstract provided.


“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal Jan 2021

“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal

Maryland Law Review

No abstract provided.


Dementia, Autonomy, And Supported Healthcare Decision Making, Megan S. Wright Jan 2020

Dementia, Autonomy, And Supported Healthcare Decision Making, Megan S. Wright

Maryland Law Review

No abstract provided.


The Dynamism Of Treaties, Yanbai Andrea Wang Aug 2019

The Dynamism Of Treaties, Yanbai Andrea Wang

Maryland Law Review

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the oldest areas of …


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright Jun 2018

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Maryland Law Review

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …


Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine Jul 2017

Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine

Maryland Law Review

No abstract provided.


Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips Jun 2017

Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips

Maryland Law Review

No abstract provided.


A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper Jun 2017

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper

Maryland Law Review

No abstract provided.


American Hospital Association V. Burwell: Correctly Choosing But Erroneously Applying Judicial Discretion In Mandamus Relief Concerning Agency Noncompliance, Michael L. Labattaglia May 2016

American Hospital Association V. Burwell: Correctly Choosing But Erroneously Applying Judicial Discretion In Mandamus Relief Concerning Agency Noncompliance, Michael L. Labattaglia

Maryland Law Review

No abstract provided.


Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton Dec 2015

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.


The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough Jun 2015

The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough

Maryland Law Review

No abstract provided.


Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck Jan 2014

Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck

Maryland Law Review

No abstract provided.


Grand Bargains For Big Data: The Emerging Law Of Health Information, Frank Pasquale Jan 2013

Grand Bargains For Big Data: The Emerging Law Of Health Information, Frank Pasquale

Maryland Law Review

No abstract provided.


National Federation Of Independent Business V. Sebelius: The Misguided Application And Perpetuation Of An Amorphous Coercion Theory, Megan Ix Jan 2013

National Federation Of Independent Business V. Sebelius: The Misguided Application And Perpetuation Of An Amorphous Coercion Theory, Megan Ix

Maryland Law Review

No abstract provided.


Woman Scorned?: Resurrecting Infertile Women’S Decision-Making Autonomy, Jody Lyneé Madeira Jan 2012

Woman Scorned?: Resurrecting Infertile Women’S Decision-Making Autonomy, Jody Lyneé Madeira

Maryland Law Review

No abstract provided.


Comparative Pragmatism, Rachel Rebouché Jan 2012

Comparative Pragmatism, Rachel Rebouché

Maryland Law Review

No abstract provided.


Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel Jan 2011

Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel

Maryland Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act ("ACA") into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for shattering its constitutional limits by invading citizens' private decisions to purchase health insurance. Few political trends are as divisive as the changing role of government in private health care coverage decisions. Yet, the American debate continues to be distracted by marketplace rhetoric. This Comment argues that the American preoccupation …


Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Jan 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Maryland Law Review

No abstract provided.


Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario Jan 2000

Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario

Maryland Law Review

No abstract provided.


Testing For Genetic Traits: The Need For A New Legal Doctrine Of Informed Consent, Elizabeth B. Cooper Jan 1999

Testing For Genetic Traits: The Need For A New Legal Doctrine Of Informed Consent, Elizabeth B. Cooper

Maryland Law Review

No abstract provided.


The Futility Of Futility?: On Life, Death, And Reasoned Public Policy, Mark Strasser Jan 1998

The Futility Of Futility?: On Life, Death, And Reasoned Public Policy, Mark Strasser

Maryland Law Review

No abstract provided.


Are There No Per Se Disabilities Under The Americans With Disabiities Act? The Fate Of Asymptomatic Hiv Disease, Michael D. Carlis, Scott A. Mccabe Jan 1998

Are There No Per Se Disabilities Under The Americans With Disabiities Act? The Fate Of Asymptomatic Hiv Disease, Michael D. Carlis, Scott A. Mccabe

Maryland Law Review

No abstract provided.


Premenstural Syndrome: The Debate Surrounding Criminal Defense, Lee Solomon Jan 1995

Premenstural Syndrome: The Debate Surrounding Criminal Defense, Lee Solomon

Maryland Law Review

No abstract provided.


The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin Jan 1995

The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin

Maryland Law Review

No abstract provided.


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Jan 1995

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Maryland Law Review

No abstract provided.


Legislating Surrogacy: A Partial Answer To Feminist Criticism, Abby Brandel Jan 1995

Legislating Surrogacy: A Partial Answer To Feminist Criticism, Abby Brandel

Maryland Law Review

No abstract provided.


Incubator Or Individual?: The Legal And Policy Deficiencies Of Pregnancy Clauses In Living Will And Advance Health Directive Statutes, Timothy J. Burch Jan 1995

Incubator Or Individual?: The Legal And Policy Deficiencies Of Pregnancy Clauses In Living Will And Advance Health Directive Statutes, Timothy J. Burch

Maryland Law Review

No abstract provided.


Developing A Viable Cause Of Action Fro Student Victims Of Sexual Harrassment: A Look At Medical Schools, Kimberly L. Limbrick Jan 1995

Developing A Viable Cause Of Action Fro Student Victims Of Sexual Harrassment: A Look At Medical Schools, Kimberly L. Limbrick

Maryland Law Review

No abstract provided.


Maryland's 1993 Health Care Decisions Act - Implications For Health Care Practitioners, Steven A. Levenson Jan 1994

Maryland's 1993 Health Care Decisions Act - Implications For Health Care Practitioners, Steven A. Levenson

Maryland Law Review

No abstract provided.


Trends In Health Care Decisionmaking, Jack Schwartz Jan 1994

Trends In Health Care Decisionmaking, Jack Schwartz

Maryland Law Review

No abstract provided.