Medical Jurisprudence Commons^™

'Moral Rights And Their Application To Australia: A Book Review' (2004) 32 (2) The Federal Law Review 331-336, Matthew Rimmer

Matthew Rimmer

In Moral Rights and Their Application in Australia, Maree Sainsbury offers a summary of the new moral rights regime established in Australia in 2000. It is a decent guide and handbook to moral rights for legal practitioners, the authors of copyright work, and the users of copyright material. As the author notes:

"The Australian moral rights legislation impacts on the rights and obligations of many people in diverse circumstances, from the creator of a highly unique work of art to the designer of a web site incorporating factual information or graphics which someone else has created. Any person creating or …

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron

Charles H. Baron

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer

Matthew Rimmer

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar

Robert B Leflar

Japan is on a steeper trajectory toward the incorporation of informed consent principles into medical practice than the “gradual transformation” observed in a 1996 article, Informed Consent and Patients’ Rights in Japan. Among the most significant recent developments from 1996 to 2001 have been these seven: (1) the 1997 enactment of the Organ Transplantation Law permitting the use of brain death criteria in limited circumstances in which informed consent is present; (2) the strengthening of patients’ rights in clinical drug trials; (3) the continued trend toward increasing disclosure to patients of cancer diagnoses; (4) initiatives by the health ministry toward …

Defending Physicians Charged With Misconduct, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto

Dean M. Hashimoto

Congress is considering passing a patients' bill of rights. The proposed reform provides for appeals of disagreements between managed care organizations and patients over treatment decisions and also ensures access to specialists and emergency rooms. These reforms place a heavy emphasis on regulating managed care groups by assigning due process rights to patients of privately funded health plans. This article offers a vision of an alternative reform based on principles of both equality and due process. Empirical research demonstrates that although managed care systems appear to provide roughly adequate health care for the general public, they may not be providing …

Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Workers' Compensation Reform: 180 Days In Massachusetts, Dean Hashimoto, Jane Freedman, James Campbell, Donna Ward

Dean M. Hashimoto

No abstract provided.

The Prevalence Of Pulmonary And Upper Respiratory Tract Symptoms And Spirometric Test Findings Among Newspaper Pressroom Workers Exposed To Solvents, Dean M. Hashimoto, Burton W. Lee, Karl T. Kelsey, Barbara Yakes, Teresa Seitz, David Christiani

Dean M. Hashimoto

To investigate the relationship between exposure to organic solvents and the presence of pulmonary and upper respiratory tract mucous membrane symptoms, we conducted a cross-sectional study of 215 newspaper pressroom workers who were occupationally exposed to organic solvent and lubricant mixtures. Thirty-four compositors, who were not occupationally exposed to the solvents or lubricants, served as controls. Pressroom workers and compositors underwent spirometric testing and were also asked about the presence of cough, phlegm, hemoptysis, dyspnea, wheezing, chest tightness, nose or throat irritation, eye irritation, and sinus trouble. The spirometric results did not significantly differ between the two groups. However, the …

Science As Mythology In Constitutional Law, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

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

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

Dean M. Hashimoto

No abstract provided.

Should Asbestos In Buildings Be Regulated On An Environmental Or Occupational Basis?, Dean M. Hashimoto, Troyen A. Brennan, David C. Christiani

Dean M. Hashimoto

The issue of asbestos abatement in buildings may be viewed as part of a larger and more fundamental scientific and social issue: Should asbestos in buildings be regulated on an environmental or an occupational basis? The environmental approach to regulation of hazardous substances has a different emphasis from that of an occupational approach. The environmental approach emphasizes abatement of property damage, while the occupational approach is more concerned with decreased exposure levels and compensation for injuries to health. Similarly, the justifications for the two approaches also have a different emphasis. The need for environmental protection is justified on the basis …

Justice Brennan's Use Of Scientific And Empirical Evidence In Constitutional And Administrative Law, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

Public Accountability And Medical Device Regulation, Robert B. Leflar

Robert B Leflar

In enacting the Medical Device Amendments of 1976, Congress instituted a flexible system of regulatory controls over a vast array of health care products. Analyzing the complex statute and its legislative history, Professor Leflar finds at the law's core a structure designed to ensure the Food and Drug Administration's accountability to the public for its regulatory actions. Reviewing the history of FDA's implementation of the medical device law, however, the author demonstrates that FDA has strayed widely and, he contends, illegally from the congressionally mandated structure of public accountability. In particular, in its review of new-model medical devices in the …

Professor Katz's Study Of Human Relationships, Dean M. Hashimoto, Mark E. Haddad

Dean M. Hashimoto

No abstract provided.

The Concept Of Person In The Law, Charles Baron

Charles H. Baron

The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.

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 …

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.