Medicine and Health Sciences Commons^™

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.

Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.

West Virginia Law Review

No abstract provided.

Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk

West Virginia Law Review

No abstract provided.

First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick

West Virginia Law Review

No abstract provided.

Social Commentary: Values And Legal Personhood, Jeffrey A. Parness

West Virginia Law Review

No abstract provided.

Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein

West Virginia Law Review

No abstract provided.

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …

The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach

West Virginia Law Review

Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …

A Review Of The Conflict Between Community-Based Group Homes For The Mentally Retarded And Restrictive Zoning, Jane E. Reiner

West Virginia Law Review

No abstract provided.

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell

West Virginia Law Review

The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …

Legal Representation Of The Mentally Ill, James R. Elkins

West Virginia Law Review

The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …

Rights Of Mentally Ill--Involuntary Sterilization--Analysis Of Recent Statutes, James A. Varner

West Virginia Law Review

No abstract provided.

The Runaways, Richard David Young

IUSTITIA

At the present stage of development, the varied literature on runaway children and adolescents provides little basis for firm conclusions. The apparent heterogeneity of runaways has yet to be fully realized in conceptual or research attempts, although efforts in that direction are beginning. There appears to be little utility or meaning in assigning runaway behavior solely to categories of delinquency or psychopathology. Such efforts have done little to clarify the meaning of running away or to define the important environmental factors and personality features involved in running away. To some extent their greatest impact has been on the restriction of …

Changing Attitudes Toward Euthanasia, Alice V. Mehling

IUSTITIA

Death is a very individual matter which does not readily lend itself to collective decision. Medical ethicists frequently conclude that to allow a person to die from malice is more reprehensible than to help a person to die from mercy. The most striking change which is taking place in consideration of the problem is recognition of the need to reinforce the patient's right to decide on the course of medical treatment.

A New York Times editorial of February 3, 1903 condemned the practice of active euthanasia by comparing it to "practices of savages in all parts of the world". Seventy …

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …

Pesticide Regulation And The Farm Worker, R. Craig Loveless

IUSTITIA

It has long been recognized that many pesticide products offer a potential hazard, which if unregulated, may result in injury or death. The development of highly toxic pesticides during the last decade has created a need for stricter regulation of pesticide use in the agricultural community. Specifically, the farm worker of today is in need of legislative protection from exposure to deadly chemical agents now being used to control pests and disease in the fields and orchards. Regulating the handling and use of these dangerous pesticides is but one way to protect the farmer, the farm worker, and the environment. …

The Xyy Syndrome And The Judicial System, Paul Cheverie

North Carolina Central Law Review

No abstract provided.

Mental Fitness Requirements For The Practice Of Law, Michael J. Place, Susan L. Bloom

Buffalo Law Review

No abstract provided.

The Local And Unified Services Act—An Analysis Of State And County Funding For New York State's Community Mental Healh Services, Linda Connor Kane

Buffalo Law Review

No abstract provided.

Dental Litigation, William O. Morris

West Virginia Law Review

No abstract provided.

Physicians And Surgeons--The Expanding Role Of The Physician's Assistant, Joseph S. Beeson

West Virginia Law Review

The shortage of health care professionals in West Virginia today is a matter of grave concern, especially to inhabitants of rural areas where professional medical care is often nonexistent. Statistics are indicative of the problem, but do not reveal the entire picture. For example, in the United States today, there are approximately 171 physicians per 100,000 population. In West Virginia, each 100,000 persons is served by only 111 physicians. This figure alone is cause enough for concern, but the seriousness of the situation is more accurately indicated by the distribution of the physician population. West Virginia is primarily a rural …

Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

The New Stock Diseases Regulations : A Summary Of Major Regulations Under The New Stock Diseases (Regulations) Act, M R. Gardiner

Journal of the Department of Agriculture, Western Australia, Series 4

THE new Stock Diseases (Regulations) Act proclaimed on August 1, 1970, introduces some new regulations and makes many changes to existing regulations, which could affect most farmers at some time or another.

This article summarises the regulations most likely to affect farmers, with emphasis on new or changed regulations.

Emergency Medical Treatment, Earle T. Hale

William & Mary Law Review

No abstract provided.

Organ Transplantation And The Donation: A Proposal For Legislation, Michael Mch. Collins

William & Mary Law Review

No abstract provided.

A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko

West Virginia Law Review

No abstract provided.

Organ Transplantation With An Incompetent Donor: Kentucky Resolves The Dilemma Of Strunk V. Strunk, Joe C. Savage

Kentucky Law Journal

No abstract provided.

Malpractice--Sterilization Operation, James Alan Harris

West Virginia Law Review

No abstract provided.