Pirates Of The Australian Election, 2013 Australian National University College of Law
Pirates Of The Australian Election, Matthew Rimmer
Matthew Rimmer
“Pirate parties” have proliferated across Europe and North America in the past decade, championing issues such as intellectual property (IP), freedom of speech, and the protection of privacy and anonymity.This year, the movement hit Australian shores: The Pirate Party Australia was officially registered by the Australian Electoral Commission in January 2013. (You can read its principles and platform here.)“More than ever before, there is a necessity in Australia for a party that holds empowerment, participation, free culture and openness as its central tenets”, Pirate Party founder Rodney Serkowski said in a press release announcing the group’s successful registration. Their first …
Which Is Greater: The Right To Parent Or The Rights Of A Parent? The Legal And Ethical Quandaries When A Minor Child Diagnosed With Cancer Wishes To Utilize Oocyte Cryopreservation And Advanced Reproductive Technology For Future Procreation., 2013 Barry University School of Law
Which Is Greater: The Right To Parent Or The Rights Of A Parent? The Legal And Ethical Quandaries When A Minor Child Diagnosed With Cancer Wishes To Utilize Oocyte Cryopreservation And Advanced Reproductive Technology For Future Procreation., Jessica M. Hallgren
Jessica M Hallgren
No abstract provided.
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, 2013 Pepperdine University
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, 2013 Pepperdine University
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Hollow Promise Of Freedom Of Conscience, 2013 Loyola University Chicago, School of Law
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
Nadia N. Sawicki
Two hundred years ago, Thomas Jefferson asserted that no law "ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates-most notably in the medical and military contexts-are predicated on the theory that claims of conscience are worthy of legal respect. This Article, which offers a comprehensive account of the contemporary treatment of conscience, challenges established assumptions and seeks to reframe the debate about the normative value of …
Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, 2013 Loyola University Chicago, School of Law
Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, Nadia N. Sawicki
Nadia N. Sawicki
No abstract provided.
Nevada's Medical Malpractice Damages Cap: One For All Heirs Or One For Each?, 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law
Nevada's Medical Malpractice Damages Cap: One For All Heirs Or One For Each?, Patrick C. Mcdonnell
Nevada Law Journal
No abstract provided.
Barriers To Use Of Workers' Compensation For Patient Care At Massachusetts Community Health Centers, 2013 Boston College Law School
Barriers To Use Of Workers' Compensation For Patient Care At Massachusetts Community Health Centers, Lenore Azaroff, Letitia Davis, Robert Naparstek, Dean Hashimoto, James Laing, David Wegman
Dean M. Hashimoto
Objectives
To examine barriers community health centers (CHCs) face in using workers' compensation insurance (WC). Data Sources/Study Setting
Leadership of CHCs in Massachusetts. Study Design
We used purposeful snowball sampling of CHC leaders for in-depth exploration of reimbursement policies and practices, experiences with WC, and decisions about using WC. We quantified the prevalence of perceived barriers to using WC through a mail survey of all CHCs in Massachusetts. Data Collection/Extraction Methods
Emergent coding was used to elaborate themes and processes related to use of WC. Numbers and percentages of survey responses were calculated. Principal Findings
Few CHCs formally discourage use …
Affordable Care And Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise, 2013 Whittier College
Affordable Care And Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise, Heather N. Seigler
Heather N Seigler
Abstract When the Affordable Care Act was initially proposed, critics initially attacked the idea as “socialist,” damaging to small businesses, a proponent of big government, etc. Supporters have celebrated the Affordable Care Act’s passing and further celebrated when the United States Supreme Court upheld the constitutionality of the Affordable Care Act in a landmark decision last term. While attention has been placed on the general fears regarding the consequences of government healthcare and its effect on the medical field (both founded and unfounded), insufficient attention has been paid to how the Affordable Care Act will affect the legal community. In …
Fixing The Vaccine Act's Structural Moral Hazard, 2013 Pepperdine University
Fixing The Vaccine Act's Structural Moral Hazard, Brandon L. Boxler
Pepperdine Dispute Resolution Law Journal
The article presents information on the Vaccine Injury Compensation Program. It discusses the U.S. Federal circuit case Hazlehurst v. Sec'y of Health & Human Servs., in which lawsuit against the defendant was filed by the plaintiff who sought claims against the liability of product to recover damages for alleged injuries which his son had received from vaccines. It also provides information on the structural moral hazard of the program which devolves it into a litigious adjudicatory process.
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, 2013 Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
Antimony: The Use, Rights, And Regulation Of Laboratory Animals , 2013 Pepperdine University
Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas
Pepperdine Law Review
No abstract provided.
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, 2013 Pepperdine University
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Pepperdine Law Review
No abstract provided.
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , 2013 Pepperdine University
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Pepperdine Law Review
No abstract provided.
In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", 2013 Washington and Lee University School of Law
In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie
Ann MacLean Massie
No abstract provided.
Policing Cost Containment: The Medicare Peer Review Organization Program, 2013 Selected Works
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Timothy S. Jost
This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …
Rights Of Embryo And Foetus In Private Law, 2013 Washington and Lee University School of Law
Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost
Timothy S. Jost
This article summarizes the rights of the embryo and fetus under American law. It was presented as a country report at the World Congress on Comparative Law, and is written primarily for a non U.S. audience. It examines, for example, the legal position of the embryo and fetus with respect to their parents, issues in research involving embryos and fetuses, remedies for torts or crimes against an embryo or fetus, and issues involving stem cell research.
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, 2013 Washington and Lee University School of Law
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Timothy S. Jost
In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance. In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, 2013 Washington and Lee University School of Law
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Timothy S. Jost
No abstract provided.
The Role Of Courts In Health Care Rationing: The German Model, 2013 Washington and Lee University School of Law
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Timothy S. Jost
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …