Medical Jurisprudence Commons^™

Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan

Darius Whelan

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …

Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit

Deborah Hellman

No abstract provided.

Palliative Care: An Enforceable Canadian Human Right?, Yude M. Henteleff, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article lays out a series of approaches for establishing an enforceable human right to palliative care in Canada. The article first examines international human rights instruments to which Canada is a signatory, and concludes that they offer limited assistance to palliative care advocates. The article then examines two promising Charter challenges. The first, based on section 15, argues that since palliative care is provided unevenly to those who require it, the equality provisions of the Charter could compel equitable provision of palliative care to Canadians with life-limiting illnesses. The second is based on section 7, and argues that failure …

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Theodore Silver

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …

The Case For A Post-Mortem Organ Draft And A Proposed Model Organ Draft Act, Theodore Silver

Theodore Silver

No abstract provided.

Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.

Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar

Robert B Leflar

Japanese legal structures addressing health care-related deaths and injuries rely more on public law institutions and rules than do the common-law North American jurisdictions, where private law adjudication is predominant. This article explores four developments in 21st-century Japanese health care law. The first two are in the public law sphere: criminal prosecutions of health care personnel accused of medical errors, and a health ministry-sponsored “Model Project” to analyze medical-practice-associated deaths. The article addresses a private law innovation: health care divisions of trial courts in several metropolitan areas. Finally, the article introduces Japan’s new no-fault program for compensating birth-related obstetrical injuries. …

Interstate Variation In Use Of Narcotics, Dean M. Hashimoto, Dongchun Wang, Kathryn Mueller

Dean M. Hashimoto

No abstract provided.

Medical Malpractice (Book Review), Robert B. Leflar

Robert B Leflar

This is a review of Medical Malpractice, by Frank Sloan and Lindsey Chepke. This superb book provides a balanced, comprehensive, factual overview of the structure, flaws, and merits of the U.S. legal system relating to malpractice; the causes of cyclical insurance pricing and availability difficulties; ameliorative initiatives both implemented and proposed; and the political considerations affecting the achievability of leading reform proposals. The authors' evidence-based stances will discommode many participants in the malpractice debate, physicians and trial lawyers alike. The book debunks widely-held "myths of medical malpractice" propounded by medical tort reformers. However, the authors also conclude that "no convincing …

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff

Mary J. Shariff

This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.

Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce

Thomas A Faunce

With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis – the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years – transforming sunlight, water …

Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff

Mary J. Shariff

This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.