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Articles 1 - 10 of 10
Full-Text Articles in Health Law and Policy
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff
Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff
UIC Law Review
No abstract provided.
Statutory And Ethical Barriers In The Patenting Of Medical And Surgical Procedures, 29 J. Marshall L. Rev. 891 (1996), William B. Lafferty
Statutory And Ethical Barriers In The Patenting Of Medical And Surgical Procedures, 29 J. Marshall L. Rev. 891 (1996), William B. Lafferty
UIC Law Review
No abstract provided.
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Faculty Scholarship
When I was invited to give this talk I thought, "I'll just give my standard slide show on death in America." I thought I would just talk about the right to die, something I can do in my sleep, and everybody would be happy. And you probably would, since it's a pretty good speech. I am going to give it at a Pennsylvania Judges Conference in a couple of weeks, and they will like it. But it is not very challenging, either for me or for you. So, what I want to explore with you today is how judges have …
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas
Faculty Scholarship
1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
UIC Law Review
No abstract provided.
Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche
Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
This article considers the problem of line-drawing between autonomy-preserving and autonomy-negating influence in clinical relationships. The author’s purpose is not to propose particular boundaries, either with respect to reproductive decisions by HIV-infected women or for other clinical choices. Rather, he attempts to shed some light on what drives our disputes about whether one or another influence method is compatible with autonomous choice.
The author argues that such disagreements reflect underlying conflicts between normative commitments, and that resolving these conflicts is essential to settling controversies over whether particular influences unduly interfere with autonomous choice. Alternative understandings of the prerequisites for autonomous …
Defining The Role Of Managed Care In Workers' Compensation, Dean Hashimoto
Defining The Role Of Managed Care In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Robert B Leflar
This article analyzes the development of the concept of informed consent in the context of the culture and economics of Japanese medicine, and locates that development within the framework of the nation's civil law system. Part II sketches the cultural foundations of medical paternalism in Japan; explores the economic incentives (many of them administratively directed) that have sustained physicians' traditional dominant roles; and describes the judiciary's hesitancy to challenge physicians' professional discretion. Part III delineates the forces testing the paternalist model: the undermining of the physicians' personal knowledge of their patients that accompanies the shift from neighborhood clinic to high-tech …
The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto
The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto
Dean M. Hashimoto
No abstract provided.