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Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid 2015 Boston College Law School

Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid

Boston College Law Review

In 2014, in Wollschlaeger v. Governor of Florida, the U.S. Court of Appeals for the Eleventh Circuit held that a Florida ban on physician speech about firearm ownership was a valid regulation of professional conduct. The court reasoned that because the speech took place within the physician-patient relationship it should be treated as professional conduct that may be regulated by the state and not subject to First Amendment scrutiny. This Comment argues that the Eleventh Circuit mischaracterized the speech as conduct and that an en banc hearing should be granted to reverse this decision to avoid a negative impact ...


“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman 2015 Pepperdine University

“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman

Pepperdine Law Review

This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of no-fault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART ...


Montana Expands Psychotherapists Privilege, Matching Federal Rules, Cynthia Ford 2015 University of Montana School of Law

Montana Expands Psychotherapists Privilege, Matching Federal Rules, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Deconstructing Infanticide, Eric Vallillee 2015 University of Ottawa

Deconstructing Infanticide, Eric Vallillee

Western Journal of Legal Studies

The offence of infanticide is allegedly based in debunked and sexist ideas about women and pregnancy. This article demonstrates that this offence is both necessary and beneficial regardless of its alleged basis. This article outlines the elements of infanticide and examines the legislative history from Medieval England to its adoption in Canada before discussing contemporary discourses on infanticide with a particular focus on the application of modern medical science. This work argues there are two issues with the current offence: (1) the requirement of a “disturbed mind” in the accused resulting from childbirth or lactation; and (2) the lack of ...


Panel Part Iii, Benjamin Hurlbut 2015 Arizona State University

Panel Part Iii, Benjamin Hurlbut

JLEPP Symposia

No abstract provided.


Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith 2015 The Catholic University of America, Columbus School of Law

Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith

George P Smith

Abstract

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation, in today’s post secular society, are—however—subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disable and to the dying. In clinical medicine, safeguarding the dignity of the patient is a ...


The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan 2015 University of Georgia School of Law

The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Fazal Khan

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...


Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, barbara p. billauer esq 2015 Foundation of Law and Science Centers, Inc.

Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, Barbara P. Billauer Esq

barbara p billauer esq

Abstract:

The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or bad science from infiltrating the courtroom. To do so, the Judges must first determine what is ‘science’ and what is ‘good science.’

It is submitted that Daubert is deeply polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis, and an unworkable system of decision-making, which negatively impacts litigant expectations. Among other problems is the intolerance of Popper’s system for multiple ...


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


Piercing The Veil: The Limits Of Brain Death As A Legal Fiction, Seema K. Shah 2015 Department of Bioethics, National Institutes of Health

Piercing The Veil: The Limits Of Brain Death As A Legal Fiction, Seema K. Shah

University of Michigan Journal of Law Reform

Brain death is different from the traditional, biological conception of death. Although there is no possibility of a meaningful recovery, considerable scientific evidence shows that neurological and other functions persist in patients accurately diagnosed as brain dead. Elsewhere with others, I have argued that brain death should be understood as an unacknowledged status legal fiction. A legal fiction arises when the law treats something as true, though it is known to be false or not known to be true, for a particular legal purpose (like the fiction that corporations are persons). Moving towards greater transparency, it is legally and ethically ...


A Guide To The Independent Medical Examination, Samuel D. Hodge Jr. 2015 Temple University

A Guide To The Independent Medical Examination, Samuel D. Hodge Jr.

Samuel D. Hodge Jr.

Independent medical examinations (IMEs) are physicals conducted at the request of a third party. An example is the physical examination of a workers’ compensation claimant or life insurance applicant, but IMEs are common in bodily injury claims. These examinations are very important since they can help decide whether a claimant is entitled to compensation or qualifies for life insurance or a job. Most defense attorneys have relied on medical reports and expert testimony from an independent medical examiner but little is known about the limitations or parameters of this assessment. In fact, there are a multitude of legal issues surrounding ...


How Not To Make An Advert About Medical Negligence, Denver Burke 2015 SelectedWorks

How Not To Make An Advert About Medical Negligence, Denver Burke

Denver Burke

No abstract provided.


Selling Hospice, Sam Halabi 2015 University of Tulsa College of Law

Selling Hospice, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt 2015 Georgetown Law

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt

Indiana Law Journal

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy.

National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4 ...


Surrogate Testimony After Williams: A New Answer To The Question Of Who May Testify Regarding The Contents Of A Laboratory Report, Jennifer Alberts 2015 Indiana University Maurer School of Law

Surrogate Testimony After Williams: A New Answer To The Question Of Who May Testify Regarding The Contents Of A Laboratory Report, Jennifer Alberts

Indiana Law Journal

No abstract provided.


Can Dna Be Speech?, Jorge R. Roig 2015 Charleston School of Law

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

In this article we discuss myriad current and developing ways in which ...


Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero 2015 Villanova University School of Law

Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Law Of Unintended Consequences: Avoiding The Health Care Liability Act Booby Trap, Daniel A. Horwitz 2015 SelectedWorks

The Law Of Unintended Consequences: Avoiding The Health Care Liability Act Booby Trap, Daniel A. Horwitz

Daniel A. Horwitz

In 2009, interest groups representing both healthcare providers and injured patients worked together to draft and pass several amendments to Tennessee's medical malpractice statute that aimed to improve medical malpractice litigation for all involved. As a result of these reforms, however, the 2009 amendments unexpectedly caused several cases to be dismissed without prejudice on grounds unrelated to the substantive merits of plaintiffs' claims due to their attorneys' technical procedural missteps.

What has gone largely unrecognized, however, is a fatal litigation trap lurking beneath the surface of Tennessee's Health Care Liability Act that currently functions to transform even dismissals ...


Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr. 2015 Cleveland State University

Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.

Journal of Law and Health

On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each ...


Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry 2015 Cleveland State University

Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry

Journal of Law and Health

Here, I argue that we can and should approach the issue of pregnant women whose behavior may harm their fetuses, not from the vantage point of fetal harm, but rather from the vantage point of pregnant women’s social location. That location often includes poverty, violence, need, and despair. Placing blame and exacting retribution on an individual woman, absent an understanding of the social context, makes the provision of justice in these cases difficult if not impossible. Moreover, attempts to enhance fetal health by assigning criminal liability in such cases are destined to fail in light of the significant contribution ...


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