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Articles 1 - 30 of 163
Full-Text Articles in Law
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
University of Michigan Journal of Law Reform
Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …
Health Care Law, Sean P. Byrne, Paul Walkinshaw
Health Care Law, Sean P. Byrne, Paul Walkinshaw
University of Richmond Law Review
Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …
Offsetting Risks, Ariel Porat
Offsetting Risks, Ariel Porat
Michigan Law Review
Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a risk of 500 (there is a probability of .1 that a harm of 5000 will result), and Course of Action B, which creates a risk of 400 (there is a probability of.] that a harm of 4000 will result), and who negligently opts for the former will be held liable for the entire harm of 5000 that materializes. This full liability forces the injurer to pay damages that are five times higher than would be necessary to internalize the risk of 100 that …
Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr
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 …
Race Against Time, Sarah Feor
Race Against Time, Sarah Feor
Buffalo Human Rights Law Review
Book review of Stephen Lewis' Race Against Time
An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman
An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman
Indiana Journal of Global Legal Studies
This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for exploring how …
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Washington and Lee Law Review
No abstract provided.
A Condom Versus The Philippine Aids Prevention And Control Act Of 1998: Which Has Holes Leaving Filipinos Unprotected?, David M. Iseminger
A Condom Versus The Philippine Aids Prevention And Control Act Of 1998: Which Has Holes Leaving Filipinos Unprotected?, David M. Iseminger
Washington International Law Journal
In 1998, the Philippine legislature passed pioneering HIV/AIDS legislation in Southeast Asia called the AIDS Prevention and Control Act (“APCA” or “Act”). This comprehensive legislation sought, in part, to ensure access to health care information and to stop the spread of diseases like HIV/AIDS. Regulations were promulgated by the Philippine National AIDS Council in 1999 to implement the Act. APCA effectively addresses several important HIV/AIDS issues, including prohibiting discrimination and mandatory HIV testing, while ensuring access to basic health care. However, both the regulations and the Act fail to ensure that all scientifically accurate information regarding HIV/AIDS prevention reaches Filipinos. …
Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason
Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason
San Diego International Law Journal
At a fundamental level, pharmaceuticals serve two roles: both as a cure for disease and as a product. As a cure for disease, a drug's value cannot be quantified because it saves lives. As a product, profit analysis shapes every step of a drug's progression to market. In least developed nations the barriers to drug access are not solely economic. National regulatory systems for market approval are being used to prevent external pharmaceutical manufacturers from participating in a national market. This article will address how the regulatory framework of pharmaceutical registration may serve as a barrier to trade in drugs, …
Electronic Health Records: Interoperability Challenges Patients' Right To Privacy, Laura Dunlop
Electronic Health Records: Interoperability Challenges Patients' Right To Privacy, Laura Dunlop
Washington Journal of Law, Technology & Arts
President George W. Bush's administration has outlined initial necessary steps to transform the healthcare delivery system through adoption of interoperable electronic health records ("EHRs") by the year 2014. This Article examines the nation's shift toward the use of EHR technology, which largely facilitates patient care by providing clinicians with the ability to review a more complete medical record at the time of treatment. Current legislation calls for financial support and technical standards. However, lawmakers neglect to fully address the Health Insurance Portability and Accountability Act ("HIPAA") and the need to expand its application and enforcement. In addition, healthcare provider Anti-Kickback …
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
University of Miami Law Review
No abstract provided.
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 …
Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller
Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller
William & Mary Environmental Law and Policy Review
No abstract provided.
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
University of Miami Law Review
No abstract provided.
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
University of Miami Law Review
No abstract provided.
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
University of Miami Law Review
No abstract provided.
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
University of Miami Law Review
No abstract provided.
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Campbell Law Review
This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the "Law of the Place." In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete "laboratory" of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs.
Pangloss, Patrick O. Gudridge
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
University of Miami Law Review
No abstract provided.
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
University of Miami Law Review
No abstract provided.
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
University of Miami Law Review
No abstract provided.
Schiavo: The Road Not Taken, Mary I. Coombs
Schiavo: The Road Not Taken, Mary I. Coombs
University of Miami Law Review
No abstract provided.
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
University of Miami Law Review
No abstract provided.
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
William & Mary Environmental Law and Policy Review
No abstract provided.
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Campbell Law Review
Part I of this Comment will provide an overview of the national perspective on these three types of prenatal negligence claims. Part II will discuss North Carolina's viewpoint and the evolution of its case law addressing prenatal negligence. Part III examines fundamental rights recognized by the United States Supreme Court and related North Carolina laws. Part IV considers the policy issues dominating the debate surrounding prenatal torts. Part V suggests North Carolina should protect the rights of expectant parents through legislation allowing medical malpractice claims for post-conception prenatal negligence.
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
Richmond Public Interest Law Review
This article examines the regulatory system surrounding the post-mortem human tissue industry. The author begins by describing many valuable applications of human tissue donations and then how persons misuse and abuse such privileges. The author goes on to explain current regulatory systems and agencies which oversee the regulation, concluding the laws need reform of several issues.
Keeping The Government Away From Medicaid Recipients' Pocketbook: Protecting Medicaid Recipients' Rights To Proceeds Of Third-Party Settlements In Arkansas Department Of Health & Human Services V. Ahlborn, Sean Sandison
Mercer Law Review
In Arkansas Department of Health & Human Services v. Ahlborn, the United States Supreme Court approached the contentious issue of whether Medicaid and state Medicaid agencies can recover expenses incurred on behalf of a Medicaid recipient from the entirety of the recipient's third-party settlement. Over the past decade, several states and the United States Department of Health and Human Services have reached opposite results on this question. In its unanimous opinion, the Court quelled the debate by limiting Medicaid and the corresponding state programs' recoveries from third-party settlements to the proceeds representing repayment of medical expenses, a move likely …
Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone
Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone
Annals of Health Law and Life Sciences
This article unwraps the nature and source of human errors involved in Radiology, revealing unique elements of the specialty that warrant special consideration in medical malpractice cases. The authors compare these errors to negligent practices in other professions and conclude that a general concept of negligence cannot adequately address the complexities of decision-making in Radiology. After analyzing legal precedent, they develop an innovative jury instruction that recognizes particular situations of error in Radiology that occur in the absence of negligence.
Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch
Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch
Annals of Health Law and Life Sciences
This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced …