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Articles 1 - 26 of 26
Full-Text Articles in Law
An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane
An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane
Journal of Law and Health
Broadly, this paper questions whether Ohio’s recently enacted youth concussion legislation adequately addresses the public health issue of sport-related brain injury, and contends that it does not. To that end, it first addresses the significance of traumatic brain injuries, including concussions, explaining that the failure to protect youth athletes from these potentially fatal conditions has largely resulted from a lack of awareness of their influence on neurological functions, and of their potential to cause serious brain injury. Next, this paper examines several legislative responses enacted by other states, all of which were in place before Ohio’s, and compares the recently …
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Journal of Law and Health
This Note examines the several privacy and safety issues stemming from DNA theft. Part II discusses constitutional and common law regarding the abandonment of property, particularly under the Fourth Amendment, and explains how the Fourth Amendment does not protect individuals from DNA theft. Part III details the many consequences resulting from DNA theft. These risks, among countless others, include employment and insurance discrimination, family turmoil caused by paternity testing which is often inaccurate and conducted without consent, genetic stalking, security risks, and the unauthorized publication of personal medical information and ancestral information. Part IV examines DNA theft legislation adopted by …
Organ Conscription: How The Dead Can Save The Living, David Schwark
Organ Conscription: How The Dead Can Save The Living, David Schwark
Journal of Law and Health
This Note will examine the failures of uncompensated and voluntary donation and argue that the only way to meet our country's organ needs is to make donation mandatory. Part II of this Note examines the history of voluntary organ donation in the United States. This history describes the evolution of organ donation laws from the first transplant until the present day. Part II also details the consequences and shortcomings of the current system. Part III examines three other proposed solutions to the organ deficit. These possible solutions include routine requests, an organ market, and presumed consent. However, none of these …
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris
Journal of Law and Health
In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …
Post-Traumatic Stress Disorder In The Military: The Need For Legislative Improvement Of Mental Health Care For Veterans Of Operation Iraqi Freedom And Operation Enduring Freedom, Madeline Mcgrane
Journal of Law and Health
This Note argues that legislation requiring improved mental health treatment for veterans of OIF (Operation Iraqi Freedom) and OEF (Operation Enduring Freedom) is necessary to protect American service members from the dangers of mental illness. In order to prevent crimes and suicides committed by veterans of OIF and OEF as a result of undiagnosed PTSD (post-traumatic stress disorder), the United States Congress should enact legislation imposing requirements on all branches of the military that: 1) mandates screening of all veterans at risk for PTSD upon their return from deployment; 2) ensures veterans are provided with adequate and timely mental healthcare; …
Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green
Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green
Journal of Law and Health
For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed, …
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Cleveland State Law Review
Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio's cities. While Ohio courts have made …
Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D.
Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D.
Journal of Law and Health
Dr. X is a young, charismatic, board-certified surgeon at the local hospital. While popular among her patients and non-surgical colleagues, to the established surgical "Old Guard," she appears somewhat of a threat. Her training in new advanced techniques, coupled with splendid bedside manner, has caused her practice to become quite busy. However, disruption in some well-established referral patterns has occurred, and business has been siphoned away from her older colleagues. . . . This hypothetical - but not uncommonly recurring - fact pattern demonstrates the destruction of a promising medical career, elimination of competition, promotion of status quo cronyism, and …
Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta
Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta
Cleveland State Law Review
This article first examines the creation of Title IX legislation. Then the article argues that " Title IX has had a massive impact on America's sport programs. But the debate continues, and perhaps will always continue, as long as there is inadequate funding to make the achievement of equity easy; as long as powerful members of one sex view exclusive access to sport as their chromosomal birth right; as long as administrators favor one sport over providing the benefits of athletics participation to a broader proportion of the student body; as long as the cake is not cut evenly."
Kelo: One Year Later, Alan C. Weinstein
Kelo: One Year Later, Alan C. Weinstein
Law Faculty Articles and Essays
June of 2006 marked the first anniversary of the United States Supreme Court's ruling in Kelo v. City of New London, making this a good time to analyze the past year's flurry of activity and assess what it means for local governments. As of mid-May of 2006, more than forty states were considering legislation in reaction to the Kelo ruling, and fifteen have already enacted such legislation.
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Cleveland State Law Review
This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Journal of Law and Health
This article explores the causes of medical error, the medical profession's responses to errors, and how the legal system responds to medical error through litigation and legislation. Part II discusses the definition of "medical error," the frequency and pervasiveness of the problem, and the causes at the individual and system level. Part III considers how the culture of medicine has largely failed to address medical errors as a systems-based problem, and how the legal culture discourages admitting errors due to the threat of litigation. Focusing on systems, data must be collected and analyzed, and legal guidelines developed to encourage error …
The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone
The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone
Journal of Law and Health
This article will discuss a recently proposed bill, The Affordable Prescription Drugs Act (APDA), and how it will attempt to strike a balance between reducing prices to make essential drugs more available and affordable, and working with pharmaceutical companies to make sure they profit and invest their money into research and development of new essential drugs. It argues that the APDA increases competition in the market place, thus reducing the price of prescription drugs, while still allowing pharmaceutical companies to profit from their inventions. In reaching this conclusion this article examines the bill itself, how to define an essential drug, …
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Cleveland State Law Review
My topic for today's presentation is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing these adoptions.
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
Cleveland State Law Review
I will focus primarily on the struggle in the legislative arena in Washington, DC and more importantly, in states and local communities. And I will focus on three key issues for the GLBT community: families; civil rights and the intersection with religious liberty rights; and finally, violence and hate crimes. In summary, the GLBT community is pushing ahead of these and other issues in all 50 states.
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Cleveland State Law Review
Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
Senate Bill 1, Ohio's Advance Directives Law: Where Have We Been...Where Are We Going?, Jean M. Hillman
Senate Bill 1, Ohio's Advance Directives Law: Where Have We Been...Where Are We Going?, Jean M. Hillman
Journal of Law and Health
This article will discuss in part II, the pertinent case history in Ohio and in other jurisdictions which built the foundation for advance directive legislation in Ohio. Part III will review the legislative history which led to the passage of Senate Bill 1; and Part IV will discuss how Senate Bill 1 interacts with the Federal Patient Self-Determination Act which went into effect on December 1, 1991. Part V will analyze how the implementation of Senate Bill 1 has affected doctors, nurses and health care facilities. Finally, Part VI will cover how information about advance directives is being disseminated to …
Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski
Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski
Cleveland State Law Review
This note will provide an analysis of the issue of medical futility and propose "solutions" to the issue. Part II considers the definition of "medical futility" and different ways to view the concept. In Part III, the position is forwarded that medical futility is a question of values which the medical profession is not necessarily more qualified than a layperson to answer. In Part IV, medical futility will be examined in the context of existing law. This section also addresses the potential tort liability of a health care provider who unilaterally takes certain actions based on the concept of medical …
Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow
Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow
Journal of Law and Health
A discussion of the current Ohio health insurance law regarding the uninsured and underinsured and what the Ohio legislature is trying to do about it. Jane Campbell discussed adopting a system similar to the Canadian health care system, creating an Ohio health care trust fund, and helping those in high-risk health care categories. Ray Miller addressed indigent health care and the Hagan bill. Grace Drake said that universal health care has not been successful where it has been tried, so the focus should be on the working poor and uninsured.
The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson
The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson
Journal of Law and Health
This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …
Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg
Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg
Journal of Law and Health
The reason that the discussions and positions that you heard this morning are no longer being voiced so widely in California is because conditions have continued to deteriorate there rather dramatically. Like the rest of the country, we have a large uninsured population, but the percentage of our uninsured population is larger than the national average as a percentage of the non-elderly population. In the U.S. it's about eighteen percent; in California, it's over twenty-one percent. That means more than five million uninsured people.
Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.
Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.
Journal of Law and Health
The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
Journal of Law and Health
This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.
Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell
Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell
Cleveland State Law Review
The Van Gorkom decision was viewed by many as the catalyst which triggered the dramatic increases in the number of shareholder suits filed, director and officer (hereinafter D & 0) insurance policy cancellations, skyrocketing premiums, and the flight of the outside directors.' Devastating decisions like Van Gorkom could be prevented or at least be of a lesser magnitude if corporate counsel chose to use the proactive approach to corporate representation by employing the techniques of preventive law. The theory is similar to the time honored cliché "an ounce of prevention is worth a pound of cure." This Article will address …
Birth Control Legislation, Jack H. Hudson
Birth Control Legislation, Jack H. Hudson
Cleveland State Law Review
In summary, it would seem that sociologists have given the birth control problem a new dimension. What was once a subject fit only for the Victorian drawing rooms of intellectuals is now being given a public hearing, with all of its political, moral,and economic aspects being aired. It would be interesting to note, however, how many of the people who are being apprised of the problems of expanding birth rates and decreasing death rates are aware of the archaic legislation that governs the use of birth control devices in our own country. For example, do advocates of a policy of …