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Full-Text Articles in Law
Bioethics And The Administration Of Justice, George P. Smith Ii
Bioethics And The Administration Of Justice, George P. Smith Ii
Faculty Books
This essay is divided into five parts. The first will examine, in broad-brush, bioethics as a discipline, language and political movement. The second explores the politics of morality and the role bioethicists have in assisting with the tasks of judicial decision making. Part three tackles the feasibility of promoting a deliberative democracy within the New Age of Biotechnology. Part four considers forensic or scientific evidence. And, the final section of this essay considers how Elizabeth Taylor, Reva Shane Lewis of the CBS soap opera, "The Guiding Light," Thomas Donaldson and the sheep, "Dolly," shape the contours of this new age …
Patient Dumping: Implications For The Elderly, George P. Smith Ii
Patient Dumping: Implications For The Elderly, George P. Smith Ii
Scholarly Articles
Before 1986, the Common Law provided that physicians and hospitals had no duty to admit or treat persons who sought their care except in limited circumstances. Congress enacted The Emergency Medical Treatment and Active Labor Act (EMTALA) to curb this so-called patient-dumping problem. EMTALA provides, essentially, that Medicare-participating hospitals must treat all patients who arrive in emergency conditions.
This article first discusses the patient-dumping problem and how EMTALA has provoked many hospitals to curtail their emergency facilities in order to avoid treating indigent and uninsured patients. The Article then proceeds to analyze the specifics of EMTALA’s main statutory provision, Section …
Harnessing The Human Genome Through Legislative Restraint, George P. Smith Ii
Harnessing The Human Genome Through Legislative Restraint, George P. Smith Ii
Scholarly Articles
The awesome predictive power of genetic medicine promises great advancements in not only the treatment of identifiable conditions but the prevention of their pathological manifestations. At the same time, the release and dissemination of this genetic or medical information poses a distinct risk of loss of privacy and stigmatization to carriers of genetic disorders. In order to safeguard the individual right of autonomy, privacy, confidentiality and informed consent-yet accommodate the legitimate interests of employers and insurers to obtain medical information relevant to their professional needs and economic responsibilities a balance must be struck legislatively at the federal and state levels …