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Articles 1 - 9 of 9

Full-Text Articles in Law

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler Jan 1992

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the ...


The Justice Mission And Mental Health Law, Steven R. Smith Jan 1992

The Justice Mission And Mental Health Law, Steven R. Smith

Cleveland State Law Review

Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts ...


Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick Jan 1992

Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick

Journal of Law and Health

In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and ...


Excerpts From Taft Strategic Atlas: U.S. Health Care Reform, Frederick I. Taft Jan 1992

Excerpts From Taft Strategic Atlas: U.S. Health Care Reform, Frederick I. Taft

Journal of Law and Health

No abstract provided.


Book Review, Steven R. Smith, Stephen J. Werber Jan 1992

Book Review, Steven R. Smith, Stephen J. Werber

Journal of Law and Health

An Overview of Healthcare Reform: A View of the Forest - An Introduction to Taft Strategic Atlas: U.S. Health Care Reform by Frederick R. Taft


Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White Jan 1992

Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White

Journal of Law and Health

For the most part articles over two pages in length from journals were included. Editorials and articles from national and legal newspapers generally are not included. Although some articles are listed from foreign periodicals, most of the entries focus on the United States. Listings in one category can cover some aspects of other categories. An attempt was made to include the article in the category which best covered the subject matter of the majority of the article. An asterisk (*) indicates that the article is contained in one of the symposia or special issues listed in the "Symposia and Special Issues ...


The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak Jan 1992

The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak

Journal of Law and Health

This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.


Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman Jan 1992

Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman

Journal of Law and Health

This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.


Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson Jan 1992

Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson

Journal of Law and Health

The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1 ...