Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 17 of 17
Full-Text Articles in Law
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Life Is A Highway: Severability Of The Affordable Care Act, Mary Ann Chirba, Alice Noble
Life Is A Highway: Severability Of The Affordable Care Act, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble
On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
Erisa Preemption Of Provider Reimbursement Litigation Post-Ppaca:Some Things (Unfortunately) Never Change, Mary Ann Chirba, Alice Noble
Erisa Preemption Of Provider Reimbursement Litigation Post-Ppaca:Some Things (Unfortunately) Never Change, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
Emerging Federal And International Guidelines For Stem Cell Research: Increased Funding Increases The Need For Consensus, Mary Ann Chirba
Emerging Federal And International Guidelines For Stem Cell Research: Increased Funding Increases The Need For Consensus, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
The [Sur]Reality Of Mental Health Parity For Adolescent Psychiatric Disorders And Developmental Disabilities, Mary Ann Chirba
The [Sur]Reality Of Mental Health Parity For Adolescent Psychiatric Disorders And Developmental Disabilities, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Fda Oversight Of Autologous Stem Cell Therapies: Legitimate Regulation Of Drugs And Devices Or Groundless Interference With The Practice Of Medicine?, Mary Ann Chirba, Stephanie M. Garfield
Fda Oversight Of Autologous Stem Cell Therapies: Legitimate Regulation Of Drugs And Devices Or Groundless Interference With The Practice Of Medicine?, Mary Ann Chirba, Stephanie M. Garfield
Mary Ann Chirba
No abstract provided.
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Legal Issues, Mary Ann Chirba
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
Mary Ann Chirba
No abstract provided.
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …