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1994

Health Law and Policy

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Articles 1 - 30 of 52

Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall 1994 Oct 1994

Mid-Atlantic Ethics Committee Newsletter, Fall 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


A Rejoinder, Larry I. Palmer Oct 1994

A Rejoinder, Larry I. Palmer

Faculty Publications

No abstract provided.


Mediating Life And Death Decisions, Diane E. Hoffmann Oct 1994

Mediating Life And Death Decisions, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy Oct 1994

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Sep 1994

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy Sep 1994

Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy

Faculty Scholarship

No abstract provided.


The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford Sep 1994

The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Small Group Market Health Insurance Purchasing Cooperatives Revisited, Karl Polzer Jul 1994

Small Group Market Health Insurance Purchasing Cooperatives Revisited, Karl Polzer

National Health Policy Forum

As Congress was in the final stages of considering the Clinton administration's proposal for comprehensive health reform and various derivatives of it, this Forum session examined the progress of several purchasing cooperatives in helping employees of small firms find affordable insurance coverage. The first half of the meeting focused on California's purchasing alliance, especially its impact on prices in the small-group insurance market. Varying models of cooperatives (or alliances) being set up in Florida, Iowa, and Kentucky also were discussed, with special attention being paid to their potential for addressing fundamental problems such as rising costs and access to insurance.


Mid-Atlantic Ethics Committee Newsletter, Summer 1994 Jul 1994

Mid-Atlantic Ethics Committee Newsletter, Summer 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Bioethics In The Language Of The Law, Carl E. Schneider Jul 1994

Bioethics In The Language Of The Law, Carl E. Schneider

Articles

What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …


A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling Jul 1994

A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling

Faculty Scholarship

The purpose of this article is to help health care providers and insurers create such an approach by explaining the benefits and risks of voluntarily reassigning liability for medical injury along an enterprise liability model, and by outlining the legal and contractual elements that are required to do so successfully.


Gestational Surrogacy And The Health Care Provider, Karen H. Rothenberg Jun 1994

Gestational Surrogacy And The Health Care Provider, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann Jun 1994

The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Federal Support For Medical Education: Framing The Issues For The Systems Reform Debate, Karen Matherlee May 1994

Federal Support For Medical Education: Framing The Issues For The Systems Reform Debate, Karen Matherlee

National Health Policy Forum

Designed primarily for federal legislative and regulatory health staff involved in systems reform efforts, the session provided a primer on current medical education policies (with emphasis on federal strategies) and a prospectus on policies to change them.


Forward: Ed Sparer's Legacy, Elizabeth M. Schneider Apr 1994

Forward: Ed Sparer's Legacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 1994 Apr 1994

Mid-Atlantic Ethics Committee Newsletter, Spring 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien Apr 1994

Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien

Faculty Scholarship

One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …


Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English Mar 1994

Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English

Faculty Publications

At its 1992 Midyear Meeting, the ABA House of Delegates approved a resolution recommending that individual lawyers and the organized bar play an active role in efforts to relieve the current shortage of donated organs and tissue. When fully implemented, these efforts will involve not only lawyers, but also their clients, health care professionals and the general public. The resolution's most ambitious goal is to make organ and tissue donation part of everyday law practice. Lawyers, as a matter of course, should raise the subject of organ and tissue donation when counselling clients on personal planning. But to educate their …


The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait Jan 1994

The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Beyond Informed Consent, Anthony H. Szczygiel Jan 1994

Beyond Informed Consent, Anthony H. Szczygiel

Journal Articles

No abstract provided.


"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee Jan 1994

"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee

LLM Theses and Essays

This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at …


Mid-Atlantic Ethics Committee Newsletter, Winter 1994 Jan 1994

Mid-Atlantic Ethics Committee Newsletter, Winter 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks Jan 1994

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks

Faculty Scholarship

No abstract provided.


The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg Jan 1994

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Law & Health Care Newsletter, V. 1, No. 2, Spring 1994 Jan 1994

Law & Health Care Newsletter, V. 1, No. 2, Spring 1994

Law & Health Care Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 1, No. 3, Fall 1994 Jan 1994

Law & Health Care Newsletter, V. 1, No. 3, Fall 1994

Law & Health Care Newsletter

No abstract provided.


Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik Jan 1994

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Jan 1994

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


In The Beginning: A Tenth Anniversary History Of The Journal Of Contemporary Health Law And Policy, George P. Smith Ii Jan 1994

In The Beginning: A Tenth Anniversary History Of The Journal Of Contemporary Health Law And Policy, George P. Smith Ii

Scholarly Articles

No abstract provided.


Aspirations And Reality In The Law And Politics Of Health Care Reform: Examining A Symposium On (E)Qual(Ity) Care For The Poor, Ann C. Mcginley Jan 1994

Aspirations And Reality In The Law And Politics Of Health Care Reform: Examining A Symposium On (E)Qual(Ity) Care For The Poor, Ann C. Mcginley

Scholarly Works

Although the poor had suffered from insufficient health care for years, it was only when the middle class felt the economic pinch that health care reform moved to the top of the national agenda. In this way, the poor, a group with little political power, could benefit from the enormous political power of the middle class. In the Fall of 1992, it appeared that it was time for the poor to consider building a coalition with the middle class to work for universal coverage and improved quality of care. Yet, many questions remained about whether a coalition would benefit the …