Law Commons^™

Beyond Misguided Paternalism: Resuscitating The Right To Refuse Medical Treatment, S. Elizabeth Malloy

Faculty Articles and Other Publications

The author focuses on the failure of the courts to provide a remedy for the right to refuse medical treatment. Health care providers, for a number of reasons, often ignore patient requests to forgo certain life-extending medical procedures. The courts have generally allowed medical professionals complete discretion in deciding whether to honor patients' requests. When patients
or their estates sue health care providers for violation of the right to refuse treatment, courts have refused to award damages. By failing to provide a remedy, the courts effectively make the right a meaningless one. While acknowledging the importance of physician autonomy, the …

Racial Disparities In The Delivery Of Health Care, Barbara A. Noah

Faculty Scholarship

This Article focuses on the role of conscious and unconscious racial bias in the delivery of care; it does not begin to address the larger issue of inadequate access to care at the outset. Improving access to health care for minorities will undoubtedly have a positive effect on these groups' overall health status; however, to the extent that racial bias in the delivery of care exists apart from problems of inadequate access, the disparity in health status between whites and African Americans will no doubt continue.

Part II of this Article describes racial disparities in a variety of health care …

Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Tobacco Litigation's Third Wave: Has Justice Gone Up In Smoke?, David A. Hyman

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 4, No. 4, Spring 1998

Law & Health Care Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 5, No. 1, Fall 1998

Law & Health Care Newsletter

No abstract provided.

So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann Maclean Massie

Scholarly Articles

None available.

Quantitative Component Year One Report: Medicaid Enrollee Characteristics, Service Utilization, Costs, And Access To Care In Ahca Areas 4 And 6, Paul Stiles, Kristen Snyder, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

No abstract provided.

Averting Malpractice By Information: Informed Consent In The Pediatric Treatment Environment, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

End-Of-Life Decision Making: What We Don’T Know, We Make Up; What We Do Know, We Ignore, Sandra H. Johnson

All Faculty Scholarship

The recent emergence of substantial empirical research in bioethics reveals gaps between “reality” and the normative principles that largely instruct American bioethics and the legal framework of health care. This Article examines how the debate over the appropriate source of legal and ethical norms in medicine has been played out in judicial decisions regarding the legalization of physician-assisted suicide.

The article begins with an analysis of the Ninth Circuit’s 1996 majority opinion in Compassion in Dying v. Washington, later reversed by the Supreme Court. In support of the legalization of physician-assisted suicide, the Ninth Circuit emphasized the role of empirical …

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review cannot be called comprehensive, it does make clear that, contrary to what the popular literature would have us believe, psychiatric innovation is neither at an all time high nor the prevalent form of opinion testimony by mental health professionals. At the same time, such "nontraditional" expert opinion from clinicians, on those rare occasions when it does occur, has changed over the past few decades in both content …

How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney

All Faculty Scholarship

The libertarian prescription for health care reform is a admixture of deregulation and purportedly utilitarian calculation of social benefits and costs. In Mortal Peril: Our Inalienable Right to Health Care?, Richard Epstein's offers a stark roadmap that embraces an unfettered free market for health care services, indigent care left primarily to the charitable impulses of providers and no cross subsidies between classes, generations or other categories of citizens (including the sick and healthy). This review essay argues that the history, economics, and politics of health markets belie Epstein's abstract reasoning. Though much of the argument in Mortal Peril is written …

Evaluation Of Florida’S Prepaid Mental Health Plan: Preliminary Findings Of The Member Survey Component, Roger A. Boothroyd, David L. Shern

Mental Health Law & Policy Faculty Publications

No abstract provided.

Medicaid Managed Mental Health Care Arrangements In Ahca Area 6: Organizational, Financial And Clinical Structures, M. Susan Ridgely, Julienne A. Giard, Kristen Snyder

Mental Health Law & Policy Faculty Publications

This report, the first full report on the organizational, financial and clinical structures of the managed mental health care interventions in AHCA Area 6, is presented in the following sections. In Section 2 , we describe the methods used to identify, obtain and analyze information on the nine managed care plans operating in Area 6. In Section 3, we provide a chronology of events related to Medicaid managed care and then describe the Medicaid service delivery system in AHCA Area 6, providing contextual data on the number of Medicaid recipients enrolled in managed care plans, the number of MCOs and …

A Comparison Of Medicaid Managed Mental Health Care In Ahca Areas 6 & 4, M. Susan Ridgely, Julienne A. Giard, Kristen Snyder, Pat Robinson

Mental Health Law & Policy Faculty Publications

No abstract provided.

Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

The result of the monumental shifts in the structure and financing of health care delivery is that at the very time that medical innovations have made possible significant improvements in the quality and quantity of life for people with chronic illnesses, those who are responsible for paying for Americans' health care, in government and the private sector, seem to have finally said “Enough! We must cut costs, and cut them dramatically, and the simplest, most direct way of cutting costs is to deny coverage for certain kinds of treatments and certain kinds of illnesses.” People with HIV and AIDS are …

Protecting Soldiers From Friendly Fire: The Consent Requirement For Using Investigational Drugs And Vaccines In Combat, George J. Annas

Faculty Scholarship

In 1990, following Iraq's invasion of Kuwait, the Department of Defense (DOD) sought a waiver of the informed consent requirements of existing human experimentation regulations from the Food and Drug Administration (FDA). With this waiver, DOD could authorize military use of investigational drugs and vaccines on soldiers involved in the Gulf War without their informed consent. The basis of the waiver request was military expediency. In DOD's words: "In all peace time applications, we believe strongly in informed consent and ethical foundations... but military combat is different." DOD's rationale was that informed consent under combat conditions was "not feasible" because …

Protecting Patients From Discrimination: The Americans With Disabilities Act And Hiv Infection, George J. Annas

Faculty Scholarship

The Americans with Disabilities Act (ADA) was passed in 1990 to expand the reach of the Rehabilitation Act of 1973 and make discrimination on the basis of disability unlawful. The wheelchair symbol has become a universal sign of disability, but there are, of course, many types of disability that have been the basis of discrimination over the years, including blindness, deafness, epilepsy, cancer, heart disease, and mental retardation. AIDS is a disability under the ADA, and most commentators have assumed that infection with the human immunodeficiency virus (HIV) also qualifies as a disability under this act. It was not, however, …

Treatment Alternatives For The Dying Patient: Medical Ethics And The Law, Thomas Wm. Mayo, Robert L. Fine

Faculty Journal Articles and Book Chapters

No abstract provided.

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Fragments On The Deathwatch, Louise Harmon

Scholarly Works

No abstract provided.

Partial-Birth Abortion, Congress, And The Constitution, George J. Annas

Faculty Scholarship

The political debate over abortion during the past 25 years has shifted among various dichotomous views of the world: life versus choice, fetus versus woman, fetus versus baby, constitutional right versus states' rights, government versus physician, physician and patient versus state legislature. Hundreds of statutes and almost two dozen Supreme Court decisions on abortion later, the core aspects of Roe v. Wade, 1 the most controversial health-related decision by the Court ever, remain substantially the same as they were in 1973. Attempts to overturn Roe in both the courtroom and the legislature have failed. Pregnant women still have a constitutional …

A National Bill Of Patients' Rights, George J. Annas

Faculty Scholarship

In one of the most enthusiastically received proposals in his January State of the Union address, President Bill Clinton called on Congress to enact a national bill of rights in health care. The President said, “You have the right to know all your medical options, not just the cheapest. You have the right to choose the doctor you want for the care you need. You have the right to emergency room care, wherever and whenever you need it. You have the right to keep your medical records confidential.”

Human Rights And Maternal-Fetal Hiv Transmission Prevention Trials In Africa, George J. Annas

Faculty Scholarship

The human rights issues raised by the conduct of maternal-fetal human immunodeficiency virus transmission trials in Africa are not unique to either acquired immunodeficiency syndrome or Africa, but public discussion of these trials presents an opportunity for the United States and other wealthy nations to take the rights and welfare of impoverished populations seriously. The central issue at stake when developed countries perform research on subjects in developing countries is exploitation. The only way to prevent exploitation of a research population is to insist not only that informed consent be obtained but also that, should an intervention be proven beneficial, …

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.