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Full-Text Articles in Law
In Pursuit Of Health, Richard C. Reuben
In Pursuit Of Health, Richard C. Reuben
Faculty Publications
Managed-care advocates praise its cost controls on treatments for beginning to tame the health care beast, which devoured nearly 14 percent of the nation's gross domestic product in 1994, according to the U.S. Department of Health and. Human Services. Such belt-tightening is necessary to allocate health care dollars rationally, advocates contend, pointing to direct patient costs as proof that a healthy balance has been achieved. But critics contend that managed care is more about making money than saving it. Even though costs have gone down, they argue, premiums have remained high and corporate profits have soared. More significantly, they charge …
The Authority Of A Guardian To Commit An Adult Ward, David M. English
The Authority Of A Guardian To Commit An Adult Ward, David M. English
Faculty Publications
Placement in a mental health facility may be made through either a voluntary or involuntary commitment. Involuntary commitment usually requires a number of protective safeguards, including a court hearing, the appointment of counsel, and the meeting of a statutory criterion such as danger to self or others. Voluntary commitment is much more informal, with a written application and clinical assessment being all that is normally required. Most voluntary commitments are made upon application.of a patient who has the ability to give informed consent. But in a substantial number of states an individual also may be committed by his or her …
Survey Results: Use Of Durable Powers, David M. English
Survey Results: Use Of Durable Powers, David M. English
Faculty Publications
The use of durable powers of attorney (DPA) has developed rapidly over the last decade. This growth reflects the public's desire for a simple and effective method of planning for possible incapacity. Although there are other planning tools, individuals frequently prefer the DPA. It is more comprehensive and provides greater certainty of result than does a joint bank account. A DPA is much easier to create than a revocable trust. By using a DPA, one can avoid an intrusive and possibly cumbersome guardianship or conservatorship proceeding.
Comment On The L, Susan Grover
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Faculty Publications
This article argues that employers are not shielded from liability under the ADA if they rely upon the advice of a doctor in making an adverse employment decision.
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Faculty Publications
No abstract provided.