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Articles 1 - 30 of 56
Full-Text Articles in Law
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Faculty Scholarship
No abstract provided.
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Faculty Scholarship
Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …
Congress Crafts Child Health Insurance Program, George Washington University Medical Center, Center For Health Policy Research
Congress Crafts Child Health Insurance Program, George Washington University Medical Center, Center For Health Policy Research
Center for Health Policy Research
No abstract provided.
Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack
Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack
Scholarly Works
Section 9-11-9.1 of the Georgia Code might be the state's most notorious procedural statute. Enacted in 1987 to protect professionals against the harm done by groundless malpractice litigation, the statute provides that a professional malpractice claim ordinarily must be accompanied by an affidavit executed by an expert. In the affidavit, the expert must substantiate the claim by attesting that some act or omission alleged in the claim was a negligent act or omission--a departure from a professional standard of conduct. During the past decade, Georgia's appellate courts have returned again and again to the problem of what section 9-11-9.1 means, …
The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton
The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton
Scholarly Works
In this article, Professors Larson and Eaton assess the merits and shortcomings of the Patient Self-Determination Act. The article first traces the legislative history and policy behind the Act. The article then traces and analyzes many of the empirical studies designed to assess the Act and the Act's effect on the use of advance directives. The authors determine that the Act has been, at best, a "modest success." They conclude that the use of advance directives will remain limited and that alternative methods of providing for health treatment decisions, such as empowering physicians to act on incompetents' behalf, will have …
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel
Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel
Faculty Publications
No abstract provided.
The Laws Of Genetics, Michael S. Baram
The Laws Of Genetics, Michael S. Baram
Faculty Scholarship
It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.
Mid-Atlantic Ethics Committee Newsletter, Spring 1997
Mid-Atlantic Ethics Committee Newsletter, Spring 1997
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Faculty Scholarship
No abstract provided.
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Faculty Scholarship
“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise. Proposals for enterprise liability surfaced briefly from the academic literature into the political spotlight during the 1993-94 health care reform debate. At that time, objections to the concept as a basis for medical malpractice liability, even in a restructured health care system, were nearly universal.
Just five years later, …
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Faculty Publications
Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
Faculty Publications
In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Faculty Publications
Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Faculty Publications
Introducation to the Symposium: National Health Care Reform: The Legal Issues, Cleveland, Ohio, 1995.
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
Faculty Publications
No abstract provided.
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Faculty Publications
Introducation to Symposium: Workshop on the BRCA1 Breast Cancer Gene in the Jewish Population, Cleveland, Ohio, 1997.
The Managed Care Dilemma: Can Theories Of Tort Liability Adapt To The Realities Of Cost Containment?, Barbara A. Noah
The Managed Care Dilemma: Can Theories Of Tort Liability Adapt To The Realities Of Cost Containment?, Barbara A. Noah
Faculty Scholarship
Over the years, the United States health care system has undergone a transformation from a market comprised mainly of self employed physicians· in solo or small group practices to one in which far fewer physicians engage in this type of independent practice. More than three quarters of the physicians in this country now practice medicine within some form of managed care organization ("MCO") or see some managed care patients. The public increasingly perceives the care provided through MCOs as inferior to traditional feefor-service care. Responding to constituent pressures, legislatures in more than twenty states recently have considered bills regulating managed …
Body Science, Lori B. Andrews
What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap
What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap
Faculty Publications
An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …
Law & Health Care Newsletter, V. 4, No. 3, Fall- Winter 1997
Law & Health Care Newsletter, V. 4, No. 3, Fall- Winter 1997
Law & Health Care Newsletter
No abstract provided.
Law & Health Care Newsletter, V. 4, No. 2, Spring 1997
Law & Health Care Newsletter, V. 4, No. 2, Spring 1997
Law & Health Care Newsletter
No abstract provided.
Valuing Intrauterine Life, Samuel W. Calhoun
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Faculty Publications
The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Faculty Publications
his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon
A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon
Faculty Publications By Year
No abstract provided.