Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (1225)
- St. Mary's University (868)
- Loyola University Chicago, School of Law (704)
- University of Maryland Francis King Carey School of Law (694)
- Case Western Reserve University School of Law (664)
-
- American University Washington College of Law (582)
- Saint Louis University School of Law (477)
- Boston University School of Law (419)
- University of Michigan Law School (417)
- Cleveland State University (415)
- University of San Diego (408)
- Georgetown University Law Center (379)
- Himmelfarb Health Sciences Library, The George Washington University (353)
- SelectedWorks (321)
- Santa Clara Law (317)
- State University of New York College at Buffalo - Buffalo State College (285)
- American Dental Association (273)
- Schulich School of Law, Dalhousie University (252)
- Maurer School of Law: Indiana University (218)
- Vanderbilt University Law School (216)
- UIC School of Law (198)
- University of Richmond (195)
- Seattle University School of Law (189)
- Washington and Lee University School of Law (169)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (152)
- Universitas Indonesia (132)
- University of Georgia School of Law (130)
- University of Pennsylvania Carey Law School (126)
- University of Washington School of Law (124)
- Texas A&M University School of Law (109)
- Keyword
-
- Health care (570)
- Health Law and Policy (474)
- Patient Protection and Affordable Care Act (428)
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (388)
-
- Public health (379)
- Health law (360)
- Health (299)
- Abortion (296)
- COVID-19 (295)
- Health insurance (265)
- Affordable Care Act (250)
- Medicaid (232)
- Healthcare (227)
- Bioethics (218)
- Regulation (195)
- Ethics (184)
- Law (182)
- Medicare (181)
- ACA (163)
- Medicine (154)
- Pandemic (150)
- Health Law (144)
- Discrimination (134)
- Privacy (134)
- Health care reform (132)
- Medical malpractice (132)
- FDA (131)
- Women (131)
- Legislation (125)
- Publication Year
- Publication
-
- Faculty Scholarship (938)
- St. Mary's Law Journal (853)
- Health Matrix: The Journal of Law-Medicine (584)
- Annals of Health Law and Life Sciences (515)
- California Regulatory Law Reporter (355)
-
- All Faculty Scholarship (347)
- Georgetown Law Faculty Publications and Other Works (341)
- Patient Protection and Affordable Care Act Litigation (316)
- Saint Louis University Journal of Health Law & Policy (309)
- Journal of Health Care Law and Policy (302)
- National Health Policy Forum (288)
- Juanita Hunter, RN & NYSNA Papers [1973-1990] (285)
- Journal of Law and Health (267)
- Articles (264)
- The Journal of the Michigan Dental Association (261)
- Scholarly Works (203)
- Sustainable Development Law & Policy (203)
- Articles, Book Chapters, & Popular Press (181)
- Faculty Publications (173)
- Health Law and Policy Brief (157)
- UIC Law Review (151)
- Charles H. Baron (150)
- Seattle University Law Review (132)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (126)
- Michigan Law Review (122)
- Cleveland State Law Review (101)
- Indiana Law Journal (97)
- Scholarly Articles (88)
- Vanderbilt Law Review (83)
- ExpressO (80)
- Publication Type
Articles 9451 - 9480 of 14801
Full-Text Articles in Law
Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith
St. Mary's Law Journal
Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …
Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley
Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley
St. Mary's Law Journal
Arbitration is a process which allows parties voluntarily to refer their disputes to an impartial third person, an arbiter, selected by them to determine the parties’ rights and liabilities. Initially, arbitration was encouraged between corporate entities with equal bargaining power. But, due to federal policy favoring arbitration, the use of predispute arbitration agreements have increased dramatically, and such clauses can now be found in many noncommercial consumer contracts, especially those in the health care industry. The strong federal policy favoring arbitration originated with Congress’ passing of the Federal Arbitration Act (FAA). Under the FAA, an arbitration agreement is enforceable if …
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
St. Mary's Law Journal
Abstract Forthcoming.
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
St. Mary's Law Journal
Present and former employees of an opposing party are often the best source of information concerning that party’s activities. Contact with these employees or their representatives may be considered ethical or unethical depending on the circumstances. Unfortunately, the rules governing such contacts are neither clear nor consistent. The first issue lawyers must resolve is whether the present and former employees are considered “represented” under Rule 4.2 of the Model Rules of Professional Conduct. If they are “unrepresented” for purposes of Rule 4.2, the issue then becomes whether Rule 4.3 applies. Of grave importance are the potential sanctions, which include the …
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
St. Mary's Law Journal
Abstract Forthcoming.
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
St. Mary's Law Journal
This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …
International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger
St. Mary's Law Journal
The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …
Dean Robert William Piatt Dedication., N/A N/A
Dean Robert William Piatt Dedication., N/A N/A
St. Mary's Law Journal
Abstract Forthcoming.
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
St. Mary's Law Journal
Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …
The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint
The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint
St. Mary's Law Journal
The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …
Private Ordering And Intimate Spaces: Why The Ability To Negotiate Is Non-Negotiable, Michele Goodwin
Private Ordering And Intimate Spaces: Why The Ability To Negotiate Is Non-Negotiable, Michele Goodwin
Michigan Law Review
This review moves beyond a critique of Cherry's study to incorporate a radical new way of thinking about organ commodification as a social justice issue. Part I provides a brief empirical overview of organ demand in the United States, offering an alternative perspective and introducing data illexamined in commodification debates. Part II challenges the notion that private ordering abandons liberal and egalitarian values in favor of individualism over communitarianism. It also acknowledges the limitations of private ordering and addresses how its more problematic features, including the abuse of power, might be avoided. Part III argues for a hybrid system that …
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Articles
In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …
Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett
Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett
Articles by Maurer Faculty
No abstract provided.
Book Review: Social Justice: The Moral Foundations Of Public Health And Health Policy, Robin West
Book Review: Social Justice: The Moral Foundations Of Public Health And Health Policy, Robin West
Georgetown Law Faculty Publications and Other Works
This essay is a review of Social Justice: The Moral Foundations of Public Health and Health Policy by Madison Powers & Ruth Faden (2006).
In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice. How much inequality in health can a just society tolerate? In a world filled with inequalities in health and well-being, which inequalities matter most and are the most morally urgent to address? In order to answer these questions, Powers and Faden develop a unique theory of social justice that, while developed for the specific contexts of public health and health …
Mris And The Perception Of Risk, Steven Goldberg
Mris And The Perception Of Risk, Steven Goldberg
Georgetown Law Faculty Publications and Other Works
The most important safety decision concerning MRIs was to change the name of the procedure. In the late 1970s, the procedure known as nuclear magnetic resonance (NMR) became magnetic resonance imaging (MRI) because of the negative connotations the word “nuclear” invited. The change was understandable since MRIs do not expose patients to dangerous radiation: “nuclear” was in the original name because basic research on the atomic nucleus led to the development of MRIs. The main cost of the name change was to obscure the important link between basic research and useful medical technologies.
In recent years, however, MRIs, a generally …
Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin
Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …
Law As A Tool To Facilitate Healthier Lifestyles And Prevent Obesity, Lawrence O. Gostin
Law As A Tool To Facilitate Healthier Lifestyles And Prevent Obesity, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Public health agencies face considerable challenges trying to prevent overweight and obesity in society, primarily because a person's own behavior is often the root cause of the disease. Individuals make personal choices about their diet, exercise, and lifestyle, so disease is often thought of as a matter of personal, not governmental, responsibility. This Commentary shows how law can be used as a tool to prevent overweight and obesity (see Table).
The tools discussed in this article include:
- Disclosure - e.g., labels and consumer information
- Tort liability - e.g., inadequate disclosure of risks, misleading advertisements, and targeting children
- …
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
No public law is more public than public health law. Its defining subject is the use of state power to control and prevent death and disease. Its primary institutions are a cluster of state actors, the governmental agencies that comprise the American public health "system.,, The system grew out of the eighteenth century boards of health that produced the beginnings of administrative law. Public health law is grounded on statutory provisions that authorize various forms of state action and on judicial decisions that resolve constitutional challenges to those actions.
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Faculty Scholarship
No abstract provided.
Pain Detection And The Privacy Of Subjective Experience, Adam Kolber
Pain Detection And The Privacy Of Subjective Experience, Adam Kolber
Faculty Scholarship
No abstract provided.
The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
Faculty Scholarship
No abstract provided.
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
Articles & Book Chapters
Caulfield and Bubela (2007) argue that the Canadian Assisted Human Reproduction Act (An Act Respecting Assisted Human Reproduction and Related Research (S.C. 2004, c.2) imposes a complete “criminal ban” on somatic cell nuclear transfer (SCNT) that is unwarranted because, they contend, the ban was based on concerns regarding the moral status of the human embryo, which is inappropriate in a “pluralistic society.”
Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Law Faculty Scholarly Articles
The nonprofit sector and matters of nonprofit governance have been in the national spotlight much of late. One area of heightened interest is directors of healthcare entities regularly serving on the board of more than one healthcare organization. Even when board membership of related entities is relatively independent, one corporation's business plan frequently is affected (or even controlled) by the business needs of a separately incorporated parent, affiliate, or other related organization. Very little case law addresses "interlocking" directorates for nonprofit board members, and the case law that does exist tends to address narrow, fact-based state law interpretive issues rather …
Foreword: The Politics Of Health Law: Any Tipping Points In View?, Frances H. Miller
Foreword: The Politics Of Health Law: Any Tipping Points In View?, Frances H. Miller
Faculty Scholarship
Malcolm Gladwell explored the way certain ideas and behaviors can proliferate "just like viruses do" once they achieve a critical mass in The Tipping Point,' his best-seller about the sorts of widespread and rapidly adopted social phenomena he labels epidemics. Gladwell's subtitle, "How Little Things Can Make a Big Difference," indicates that he thinks it need not take much to get one of these social epidemics rolling. He does believe, however, that three factors are essential: getting "people with a particular and rare set of social gifts" involved,2 packaging the ideas so they are "irresistible" under the circumstances, 3 …
Tackling The "Evils" Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Tackling The "Evils" Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Faculty Scholarship
Though they are sometimes regarded as corrupt, the complete cessation of existing interlocking boards in healthcare nonprofits is not immediately attainable and arguably not always desirable. This article comments that the doctrine of fiduciary duties should be modified to encompass the reality of overlapping boards; to recognize the trend toward more global, comprehensive, and proactive governance in the healthcare sector; and to enable directors to decipher, document, and resolve conflicts at a more meaningful point in their decision-making processes by expanding the doctrine of the duty of obedience.
To facilitate the discussion, the article draws on three examples of overlap …
Health Savings Accounts, Robert Field
Health Savings Accounts, Robert Field
Robert I. Field
Despite the increasing “consumer-like” role of patients in choosing health savings accounts (HSAs), do these plans nonetheless leave those who are most sick and vulnerable out in the cold? And what will be the impact of HSAs on Medicare?
Mental Health Parity Laws, Louis Graham, Kisha Braithwaite
Mental Health Parity Laws, Louis Graham, Kisha Braithwaite
Louis F Graham
Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland
Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland
Michael P. Moreland
No abstract provided.
Using Insurance Law And Policy To Interpret The Tax Code's Loss And Medical Expense Provisions, Andrew Blair-Stanek
Using Insurance Law And Policy To Interpret The Tax Code's Loss And Medical Expense Provisions, Andrew Blair-Stanek
Andrew Blair-Stanek
No abstract provided.
Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci
Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci
Robert I. Field
No abstract provided.