Medical Jurisprudence Commons^™

Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards

Brendan O. Baggot

Methods for the production of recombinant proteins containing repeating units are disclosed. Also disclosed are methods for the production of degenerate polynucleotides encoding said recombinant proteins. In addition, polypeptides and polynucleotides produced by the methods of current invention are also disclosed.

Appointed Member Of The Advisory Board On Science And Technology Of The Flaschner Judicial Institute, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Judging Scientific Evidence At The Cutting Edge, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Role Of Medical Treatment Guidelines In Workers’ Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Japanese American Internment, Korematsu, And Its Continuing Impact, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Race, Resistance, And Reconciliation: Japanese American Resisters From World War Ii, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Role Of The Legal Causation Requirement In Tort Litigation And Regulation Involving Indoor Air Quality Problems, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Should The Patients' Bill Of Rights Include Affirmative Action?, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Appointed Visiting Associate Professor Of Law For Spring 2006 At Harvard Law School, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour

Dean M. Hashimoto

Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.

Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …

'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 …

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …

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 …

The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer

Ellen Wertheimer

Although adequate for holding most professionals to certain levels of conduct, the doctrine of negligence has traditionally been difficult to apply to treatment decisions in the mental health arena. The reasons offered for this difficulty all appear to revolve around the fact that psychology is still very much a philosophy and not a science, making it difficult to establish a clear standard of care. The advent of managed behavioral health care, with its accompanying emphasis on scientifically supported intervention, promises to rectify this situation. Managed behavioral health care is forcing the field of psychotherapy into changing its fundamental nature, from …

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.

Note, Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Todd S Aagaard

Making Advance Directives Meaningful, Norman L. Cantor

Norman Cantor

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.

From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra

Maurya Vijay Chandra

"Sir, I have the keys of the shop I .....ork in. Please let me ring up the owner and inform him that he should take the keys from here:' But Narender's repeated plea fell on deaf ears of the policemen in the Civil Lines Police Station. Instead of allowing him his right to contact a friend/relative, so boldly painted in every police station, the police personnel simply denied Narender possessed anything but a 10" knife. The "right" which Narender was denied are painted in white over blue in every Police Station. Now Aren't blue and white both very passive colours? …