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Health Law and Policy Commons

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1979

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Institution
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Articles 1 - 23 of 23

Full-Text Articles in Health Law and Policy

Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron Aug 2013

Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron

Charles H. Baron

No abstract provided.


Due Process For Hill-Burton Assisted Facilities, Margaret L. Huddleston Nov 1979

Due Process For Hill-Burton Assisted Facilities, Margaret L. Huddleston

Vanderbilt Law Review

The need to make health care available to all Americans does not justify the impairment of governmental contracts with Hill-Burton grantees. When substantial rights are greatly impaired by retroactive legislation, the need for a strong governmental justification becomes more acute. The impairment caused by the post-1947 Hill-Burton regulations, particularly the 1979 regulations, is neither reasonable nor necessary in light of the nature and extent to which they impair substantial private rights. The recent Hill-Burton regulations attempt to make health care more available to Americans,but the Government seeks to do this without additional financial expenditure on its part. Although the goal …


Harris V. Mcrae, Lewis F. Powell Jr. Oct 1979

Harris V. Mcrae, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton Aug 1979

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.


New Developments In Nova Scotia Psychiatric Legislation, Lorne E. Rozovsky May 1979

New Developments In Nova Scotia Psychiatric Legislation, Lorne E. Rozovsky

Dalhousie Law Journal

Depsite advanced developments in the treatment of mental illness, Nova Scotia has until recently possessed some very archaic mental health legislation. The law treated the mentally ill patient differently depending on the institution in which he happened to be placed regardless of his diagnosis. Patients in general hospitals for psychiatric disorders fell within the jurisdiction of the Public Hospitals Act, and were treated no differently than physically ill patients. 1 Patients who were sent to the Nova Scotia Hospital, a psychiatric institution owned by the province fell within the Nova Scotia Hospital Act.2 It contained provisions on compulsory and voluntary …


Regulation Of The Medical Profession In Nova Scotia, Duncan Beveridge May 1979

Regulation Of The Medical Profession In Nova Scotia, Duncan Beveridge

Dalhousie Law Journal

Consumerism has experienced fantastic growth over the last decade and as a result its influence is felt in almost every decision making process. Consumer groups have operated as potent pressure groups and have encouraged the reform of laws to protect the "little man".' Federal and provincial legislative bodies have reacted and attempted to protect the consuming public from unfair or unconscionable business practices and established agencies to do research and co-ordinate consumer concerns. Until recently, consumers have fixed their attention on business and have largely ignored services, particularly those provided by self-governing professions such as the medical profession. The historical …


The Politics Of Cancer, Michigan Law Review Mar 1979

The Politics Of Cancer, Michigan Law Review

Michigan Law Review

A Review of The Politics of Cancer by Samuel S. Epstein


Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz Jan 1979

Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz

Faculty Scholarship

Controversy over the supposed cancer-curing drug laetrile continues to rage. Now it's up to the courts. substance that was used by ancient Greek physicians, has been available in the United States, legally or illegally, for a quarter of a century. The government's increased efforts to eliminate laetrile "pushing" by what are seen to be profiteering physicians has created a strengthened laetrile lobby that has successfully fought the medical establishment and succeeded in making the drug legal in more than a dozen states. The pro-laetrile lobby an assortment of cancer patients and their families, medical professionals, and conservative politicians -threatens to …


Council - Nursing Practioners; Series Ii; File 35, Juanita Hunter Jan 1979

Council - Nursing Practioners; Series Ii; File 35, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Human Rights; Series Ii; File 51, Juanita Hunter Jan 1979

Human Rights; Series Ii; File 51, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Human Rights; Series Ii; File 59, Juanita Hunter Jan 1979

Human Rights; Series Ii; File 59, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Human Rights Material; Series I; File 87, Juanita Hunter Jan 1979

Human Rights Material; Series I; File 87, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Fifty Questions On Abortion, Charles E. Rice Jan 1979

Fifty Questions On Abortion, Charles E. Rice

Books

No abstract provided.


The Hill-Burton Act, 1946-1980: Asynchrony In The Delivery Of Health Care To The Poor Jan 1979

The Hill-Burton Act, 1946-1980: Asynchrony In The Delivery Of Health Care To The Poor

Maryland Law Review

No abstract provided.


Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.


Virginia Abolishes Locality Rule In Medical Malpractice, John Y. Richardson Jr. Jan 1979

Virginia Abolishes Locality Rule In Medical Malpractice, John Y. Richardson Jr.

University of Richmond Law Review

The Virginia General Assembly, in recognition of a modem medical society, has abolished the presumption which favors the application of a "same or similar" locale standard to determine the requisite care of a health care provider. The "same or similar" standard has been used consistently since 1918 in malpractice litigation and, more recently, in proceedings before the medical malpractice review panels in Virginia. This standard was first adopted by statute in 1977, and though it appeared to intend a broader standard than the local standard, it was in fact interpreted as a clear statutory adoption of the Virginia case law …


Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii Jan 1979

Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii

University of Richmond Law Review

The 1979 Session of the General Assembly made important changes in Title 54 of the Code of Virginia pertaining to health care for minors. One of the principal changes involved the right of unemancipated minors to seek outpatient treatment for mental health problems without the consent of their parents. Additionally, lawmakers deleted the criminal sanctions imposed against medical practitioners who performed authorized abortions on consenting minors. This bill appears to bring into Virginia a partial realization of a child's right to due process and equal protection under the law.


"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson Jan 1979

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson Jan 1979

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson

Scholarly Works

No abstract provided.


Epilepsy, Motor Vehicle Licensure And The Law: The Physician's Rights And Responsibilities In Illinois, Theodore R. Leblang Jan 1979

Epilepsy, Motor Vehicle Licensure And The Law: The Physician's Rights And Responsibilities In Illinois, Theodore R. Leblang

Loyola University Chicago Law Journal

No abstract provided.


Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas Jan 1979

Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas

Faculty Scholarship

One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …


Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron Dec 1978

Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron

Charles H. Baron

No abstract provided.


Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Dec 1978

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …