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Articles 1 - 13 of 13
Full-Text Articles in Law
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.
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.
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
Faculty Publications
Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.
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 …
The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann
The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann
Faculty Publications
No abstract provided.
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.
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Faculty Publications
In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.