Law Commons^™

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

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The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

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

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No abstract provided.

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

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No abstract provided.

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

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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

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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 …

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

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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 …

Research Report: A Preliminary Analysis Of Medical Futility Decisionmaking: Law And Professional Attitudes, Richard L. Wiener Ph.D., David Eton M.A., Vincent P. Gibbons M.D., Jesse A. Goldner J.D., Sandra H. Johnson J.D.

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The debate in medical futility decisionmaking centers on the conflict between a patient insisting treatment and a doctor refusing to furnish it. Courts have taken two disparate approaches to the legal status of medical futility. Believing that such legal ambiguity may reflect ambiguity in the medical profession itself, this research report sought to identify any emerging consensus among professionals handling medical futility issues.

The report explains the results of the Life Sustaining Treatment Survey, a nationwide survey of health care professionals at hospitals. Presented with a list of criteria, respondents assigned important ratings to the factors used in recent futility …

Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts

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No abstract provided.