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Medical Jurisprudence Commons

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Selected Works

SelectedWorks

2010

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Articles 1 - 11 of 11

Full-Text Articles in Medical Jurisprudence

Medical Malpractice From A Surgeons Surgical Instruments, Andre77 S. Brown Nov 2010

Medical Malpractice From A Surgeons Surgical Instruments, Andre77 S. Brown

andre77 S Brown

Hello, My name is Andre Brown and I’m a medical researcher for HNM Medical. I’ve written an article about medical malpractice that I would like to share you to post on your site. You may have full reprint rights to this article as long as you include the 3 links with do follow attributes that I have included in the body. - Please see the attachment for the article


Healthcare In Cuba, Carmen M. Cusack J.D. Oct 2010

Healthcare In Cuba, Carmen M. Cusack J.D.

Carmen M Cusack

Poor Americans who lack health-insurance or have little opportunity to access specialized or non-emergency medical treatment in the U.S. should be permitted by the U.S. State Department to spend money in Cuba in order to receive inexpensive medical treatment, and should be allowed to stay (and spend) in Cuba as long as necessary in order to receive inexpensive medical treatment. If Americans were permitted by an exception in the Helms-Burton Act to spend money in Cuba and visit for medical purposes, then Cuba would likely treat these Americans for a very low cost. This can be argued because 1) Cuba …


A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer Sep 2010

A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer

Matthew Rimmer

This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the …


From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos Jul 2010

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …


Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos Jun 2010

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …


An Open Letter To The Citizens Of Northwest Louisiana, Frederick J. White Iii Jan 2010

An Open Letter To The Citizens Of Northwest Louisiana, Frederick J. White Iii

Frederick J White III

We, the undersigned physicians, want to publicly address our community regarding the health system debate in Congress. This is a historic time, and decisions made in these next days will impact you as citizens and as patients for generations. We recognize that the health system needs change. But the path that the Congress has taken is unwise and unnecessary. And although the American Medical Association has endorsed both the House and Senate bills, (1) we want to be clear—the AMA does not speak for us on these issues.


The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer Jan 2010

The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer

Matthew Rimmer

After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …


Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq. Jan 2010

Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq.

Christopher R Smith

This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that …


Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer Jan 2010

Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer

Nancy J. Knauer

This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section …


Failure Is Not An Option: An Essay On What Legal Educators Can Learn From Nasa's Signature Pedagogies To Improve Student Outcomes, Christine N. Coughlin, Lisa T. Mcelroy Jan 2010

Failure Is Not An Option: An Essay On What Legal Educators Can Learn From Nasa's Signature Pedagogies To Improve Student Outcomes, Christine N. Coughlin, Lisa T. Mcelroy

Christine Nero Coughlin

The story of the Apollo 13 mission is just one of the inspirational stories from the space program. it was an age of exploration, of pushing boundaries, of discovering new ways of doing things. In this essay, we examine three of NASA's signature pedagogies -- simulation, teamwork, and optimism--and discuss how those practices can be used effectively in legal education to prepare students for the realities of practice.


When Doctors Become “Patients”: Advocating A Patient-Centered Approach For Health Care Workers In The Context Of Mandatory Influenza Vaccinations And Informed Consent, Christine N. Coughlin, Nancy King, Kathi Kemper Jan 2010

When Doctors Become “Patients”: Advocating A Patient-Centered Approach For Health Care Workers In The Context Of Mandatory Influenza Vaccinations And Informed Consent, Christine N. Coughlin, Nancy King, Kathi Kemper

Christine Nero Coughlin

Today’s health care delivery has evolved from the physician-centered model showcased in The Doctor into a more patient-centered model. Although the definition and boundaries of the patient-centered health care movement are still being developed and refined, patient-centered care is arguably distinguishable, both historically and conceptually, from public health. Nonetheless, just as public health concerns and individual medical choices have come together in some health care decision-making contexts for centuries, contemporary questions such as whether hospitals should mandate annual influenza vaccinations for their health care workers involve legal and ethical principles underlying the patient-centered movement, most notably that of informed consent. …