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Medical Jurisprudence Commons

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Articles 1 - 6 of 6

Full-Text Articles in Medical Jurisprudence

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff Jul 2010

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff

Mary J. Shariff

This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …


Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md Mar 2010

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md

Robert B Leflar

Column 5 (of 5) on the health reform debate


Dissecting O'Donnabhain, Anthony C. Infanti Mar 2010

Dissecting O'Donnabhain, Anthony C. Infanti

Articles

In O'Donnabhain v. Commissioner, a sharply divided Tax Court allowed a medical expense deduction for some costs related to sex reassignment surgery. This short commentary examines the opinions in the case and concludes that the taxpayer's victory rings hollow.


Health Reform: Arkansas Impacts, Robert B. Leflar Feb 2010

Health Reform: Arkansas Impacts, Robert B. Leflar

Robert B Leflar

Column 4 (of 5) on the health reform debate


Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith Jan 2010

Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith

Journal Publications

Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA.


The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy Jan 2010

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy

Faculty Scholarship

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …