The Law Of Unintended Consequences: Avoiding The Health Care Liability Act Booby Trap, 2014 Selected Works
The Law Of Unintended Consequences: Avoiding The Health Care Liability Act Booby Trap, Daniel A. Horwitz
Daniel A. Horwitz
Abortion, Religion, And The Accusation Of Establishment: A Critique Of Justice Stevens’ Opinions In Thornburgh, Webster, And Casey, 2014 Loyola University Chicago, School of Law
Abortion, Religion, And The Accusation Of Establishment: A Critique Of Justice Stevens’ Opinions In Thornburgh, Webster, And Casey, John M. Breen
John M. Breen
It is commonplace to characterize legal arguments in favor of protecting the human embryo or fetus as “inherently religious” such that laws embodying this point of view constitute an establishment of religion in violation of the First Amendment. The practical effect of this argumentative strategy is to foreclose substantive debate on the issue of the legal status of the unborn – to preclude from consideration an entire point of view and so win an argument without ever really having one. This claim has a long pedigree, tracing back to the founding of NARAL and Lawrence Lader’s “Catholic strategy.” Its most …
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, 2014 University of Massachusetts School of Law
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
University of Massachusetts Law Review
In the decades since the 1970s there have been several movements designed to impact or alter the workings of the legal system. The most lasting and widespread of these movements has been the development and systemic incorporation of mediation or Alternative Dispute Resolution, especially in the arena of family law but also impacting community disagreements, a variety of commercial disputes, and civil cases in general. However mediation did not significantly impact the practice of criminal law. Rapid growth in the number of individuals being processed through the criminal courts during the 1980s and 1990s shifted the focus to the criminal …
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, 2014 University of Massachusetts School of Law
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
University of Massachusetts Law Review
This article examines both the potential benefits and detriments of the use of an apology in a legal setting. This article uses the specific environment surrounding a medical malpractice case to help illustrate how and why an apology should or should not be proffered by the Defendant. Ultimately, the reader of this article should have a solid understanding of how an apology can be admissible as evidence in the litigation of a medical malpractice lawsuit.
On Apology, 2014 University of Massachusetts School of Law
On Apology, Robert Ward
University of Massachusetts Law Review
On February 16, 2006, Dr. Aaron Lazare, Dean and Chancellor of the University of Massachusetts Medical Center, addressed an assembly at the Southern New England School of Law on his critically acclaimed book entitled: “On Apology!” According to Dr. Lazare, to be an effective apology, there must be acknowledgement, remorse, explanation and reparation. Dr. Lazare advances the hypothesis that the current proliferation of cases in our legal system is predicated on the concept that often the aggrieved party was not the beneficiary of an effective apology. In the context of the patient-physician relationship, an effective apology means telling the patient …
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, 2014 UC Irvine School of Law
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, Jolene S. Fernandes
UC Irvine Law Review
No abstract provided.
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, 2014 Seattle University School of Law
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Seattle University Law Review
Washington’s application of the collateral source rule permits recovery for medical expenses that were never incurred and have no relationship to their market value. This application is set forth in Hayes v. Wieber Enterprises, Inc., where the plaintiff sued a restaurant for injuries she sustained from falling down the restaurant’s basement stairs. Why should the collateral source rule compel the defendant in Hayes to pay the original amount billed, $5,800, when the physician accepted $3,300 as payment in full? Is not $3,300 the reasonable or market value of the medical services provided to the plaintiff? This Comment discusses whether Washington …
Accommodation, Establishment, And Freedom Of Religion, 2014 Notre Dame Law School
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Richard W Garnett
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, 2014 Touro University Jacob D. Fuchsberg Law Center
"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster
Touro Law Review
No abstract provided.
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, 2014 University of Georgia School of Law
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee
Georgia Journal of International & Comparative Law
No abstract provided.
The Illusion Of Autonomy In Women's Medical Decision-Making, 2014 University of Louisville Louis D. Brandeis School of Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams
Florida State University Law Review
This Article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy.
This Article instead considers the …
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, 2014 University of Michigan Law School
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
University of Michigan Journal of Law Reform Caveat
This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, 2014 University of Baltimore School of Law
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
All Faculty Scholarship
As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
Summary Of Zohar V. Zbiegien, 130 Nev. Adv. Op. 74, 2014 Nevada Law Journal
Summary Of Zohar V. Zbiegien, 130 Nev. Adv. Op. 74, Scott Lundy
Nevada Supreme Court Summaries
The Court determined that an expert affidavit attached to a medical malpractice complaint, which otherwise properly supports the allegations of medical malpractice contained in the complaint but does not identify all the defendants by name and refers to them only as staff of the medical facility, may still comply with the requirements of NRS 41A.071 ]“if it is clear that the defendants and the court received sufficient notice of the nature and basis of the medical malpractice claims.” In order to make this determination, courts should read a medical malpractice complaint and the plaintiff’s expert affidavit together.
Panelist, Impact Of Regulation And The Fda On Stem Cell Development, 2014 Boston College Law School
Panelist, Impact Of Regulation And The Fda On Stem Cell Development, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, 2014 Florida A&M University College of Law
High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, Thu Pham
Florida A & M University Law Review
Florida is the latest state to jump into the arena of medical marijuana with the passage of SBI030 on June 16, 2014. The law, named The Compassionate Medical Cannabis Act of 2014,' allows low-THC cannabis to be prescribed to patients suffering from cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms.
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, 2014 Alexander Blewett III School of Law at the University of Montana
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
Please Provide The Entire Electronic Medical Record, 2014 SelectedWorks
Please Provide The Entire Electronic Medical Record, Jonathan H. Lomurro Esq. Llm
Jonathan H. Lomurro Esq. LLM
No abstract provided.
Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, 2014 Nevada Law Journal
Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, Michael Paretti
Nevada Supreme Court Summaries
The Court concluded that: (1) expert alternative causation testimony is permissible; (2) ex parte communication, even when improper, only warrants a new trial when prejudice is established; and, (3) an employee’s default may not be used against an employer codefendant contesting liability.
Financial Conflicts Of Interest In Science, 2014 California Western School of Law
Financial Conflicts Of Interest In Science, Joanna K. Sax
Joanna K Sax
This article proposes that an analysis of behavior may be utilized to create an effective policy addressing financial conflicts of interest. Importantly, this article focuses on the academics that conduct basic science. An understanding of the background of the public-private interaction is critical to fully appreciate the rise of the financial conflicts of interest in biomedical science. Part II of this Article describes the rise of financial conflicts of interest and the types of harms that can occur in the absence of effective policy to regulate financial conflicts of interest. Part III describes the current system addressing conflicts of interest, …