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Articles 121 - 150 of 150
Full-Text Articles in Health Law and Policy
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
St. Mary's Law Journal
This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
St. Mary's Law Journal
Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …
The Filing Of An Indictment Against A Criminal Defendant Activates His Sixth Amendment Right To A Speedy Trial, Notwithstanding The Fact That The Defendant Had No Knowledge Of The Indictment Until The Time Of His Arrest., Ronna A. Laidley
St. Mary's Law Journal
In Doggett v. United States, the Supreme Court held the filing of an indictment against a defendant activates his Sixth Amendment right to a speedy trial, notwithstanding the defendant not knowing of the indictment until his arrest. The right to a speedy trial serves to vindicate the rights of individuals who have incurred impediments to their personal liberty because of governmental negligence. The Court stated the Speedy Trial Clause aims to prevent undue and oppressive pre-trial incarceration, limit the anxiety accompanying public accusation, and diminish delays that might cripple a defendant’s ability to prepare an adequate defense. Since Doggett suffered …
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
St. Mary's Law Journal
Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
St. Mary's Law Journal
A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …
Amendments To The General Law Of Business Associations., Raul S. Moreyra
Amendments To The General Law Of Business Associations., Raul S. Moreyra
St. Mary's Law Journal
Abstract Forthcoming.
Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra
St. Mary's Law Journal
To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
St. Mary's Law Journal
Abstract Forthcoming.
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
St. Mary's Law Journal
The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …
Criminalizing Sexual Transmission Of Hiv: Oklahoma's Intentional Transmission Statute: Unconstitutional Or Merely Unenforceable?, R. Brian Leech
Criminalizing Sexual Transmission Of Hiv: Oklahoma's Intentional Transmission Statute: Unconstitutional Or Merely Unenforceable?, R. Brian Leech
Oklahoma Law Review
No abstract provided.
Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum
Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum
Kentucky Law Journal
No abstract provided.
Medical Implant Litigation And Failure To Warn: A New Extension For The Learned Intermediary Rule?, Lloyd C. Chatfield Ii
Medical Implant Litigation And Failure To Warn: A New Extension For The Learned Intermediary Rule?, Lloyd C. Chatfield Ii
Kentucky Law Journal
No abstract provided.
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
St. Mary's Law Journal
Abstract Forthcoming.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
St. Mary's Law Journal
Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …
Volume 3 Issue 2 (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 3 Issue 2 (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Studies Of Transfer Trauma In Nursing Home Patients: How The Legal System Has Failed To See The Whold Picture, Terri D. Keville
Studies Of Transfer Trauma In Nursing Home Patients: How The Legal System Has Failed To See The Whold Picture, Terri D. Keville
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Taxing Tale: Unconstitutional Conditions And Abortion Subsidy, Margaret S. Russell
A Taxing Tale: Unconstitutional Conditions And Abortion Subsidy, Margaret S. Russell
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Forcing Rescue: The Landscape Of Health Care Provider Obligations To Treat Patients, Barry R. Furrow
Forcing Rescue: The Landscape Of Health Care Provider Obligations To Treat Patients, Barry R. Furrow
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Life Style, Health Status, And Distributive Justice, Robert L. Schwartz
Life Style, Health Status, And Distributive Justice, Robert L. Schwartz
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Promoting Better Health Care: Policy Arguments For Concurrent Quality Assurance And Attorney-Client Hospital Incident Report Privileges, Cynthia J. Dollar
Promoting Better Health Care: Policy Arguments For Concurrent Quality Assurance And Attorney-Client Hospital Incident Report Privileges, Cynthia J. Dollar
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 3 Issue 1 (1993)
Masthead, Volume 3 Issue 1 (1993)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Increasing The Supply Of Cadaver Organs For Transplantation: Recognizing That The Real Problem Is Psychological Not Legal, Orly Hazony
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Criminalization Of Perinatal Aids Transmission, Heather Sprintz
The Criminalization Of Perinatal Aids Transmission, Heather Sprintz
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 3 Issue 1( (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 3 Issue 1( (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Use Of Financial Incentives In Medical Care: The Case Of Commerce In Transplantable Organs, James F. Blumstein
The Use Of Financial Incentives In Medical Care: The Case Of Commerce In Transplantable Organs, James F. Blumstein
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 3 Issue 2 (1993)
Masthead, Volume 3 Issue 2 (1993)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Consumers, Complaints, And Professional Discipline: A Look At Medical Licensure Boards, Timothy S. Jost, Linda Mulcahy, Stephen Strasser, Larry A. Sachs
Consumers, Complaints, And Professional Discipline: A Look At Medical Licensure Boards, Timothy S. Jost, Linda Mulcahy, Stephen Strasser, Larry A. Sachs
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Social Security And Medicare Adjudications At Hhs: Two Approaches To Administrative Justice In An Ever-Expanding Bureaucracy, Phyllis E. Bernard
Social Security And Medicare Adjudications At Hhs: Two Approaches To Administrative Justice In An Ever-Expanding Bureaucracy, Phyllis E. Bernard
Health Matrix: The Journal of Law-Medicine
No abstract provided.