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Articles 301 - 317 of 317

Full-Text Articles in Medical Jurisprudence

Defining The Role Of Managed Care In Workers' Compensation, Dean Hashimoto Dec 1995

Defining The Role Of Managed Care In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

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A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer Dec 1995

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …

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Informed Consent And Patients' Rights In Japan, Robert B. Leflar Dec 1995

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 …

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The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto Dec 1995

The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

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Should Asbestos In Buildings Be Regulated On An Environmental Or Occupational Basis?, Dean M. Hashimoto, Troyen A. Brennan, David C. Christiani Nov 1991

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 …

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Justice Brennan's Use Of Scientific And Empirical Evidence In Constitutional And Administrative Law, Dean M. Hashimoto Jun 1991

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

Dean M. Hashimoto

No abstract provided.

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Public Accountability And Medical Device Regulation, Robert B. Leflar Dec 1988

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 …

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Professor Katz's Study Of Human Relationships, Dean M. Hashimoto, Mark E. Haddad Dec 1987

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

Dean M. Hashimoto

No abstract provided.

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Fetal Research: The Question In The States, Charles Baron Mar 1985

Fetal Research: The Question In The States, Charles Baron

Charles H. Baron

This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.

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A Structural Analysis Of The Physician-Patient Relationship In No-Code Decision-Making, Dean M. Hashimoto Nov 1983

A Structural Analysis Of The Physician-Patient Relationship In No-Code Decision-Making, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

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The Concept Of Person In The Law, Charles Baron Dec 1982

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 …

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Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron Dec 1982

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.

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Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg Dec 1979

Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg

F. Stephen Knippenberg

No abstract provided.

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Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Dec 1978

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 …

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English Translation Of Judgment Of Cannon J In Montreal Tramways Co. V. Léveillé [1933] S.C.R. 456, Neil J. Foster Dec 1971

English Translation Of Judgment Of Cannon J In Montreal Tramways Co. V. Léveillé [1933] S.C.R. 456, Neil J. Foster

Neil J Foster

This is an English translation of the judgment of Cannon J in the Supreme Court of Canada decision of Montreal Tramways Co. v. Léveillé [1933] S.C.R. 456, a seminal decision on liability for antenatal torts. The English translation was prepared by the parties in the Supreme Court of Victoria decision of Watt v Rama [1972] VR 353 (see 357 for a summary). The full translation was located at the request of a student of mine in 2011 by the Registry of the Supreme Court of Victoria, and is made available here for general interest of scholars researching this area.

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Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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