Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity,
2012
University of Manitoba School of Law
Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff
Mary J. Shariff
This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that …
Character, Competence, And The Principles Of Medical Discipline,
2012
Loyola University Chicago
Character, Competence, And The Principles Of Medical Discipline, Nadia N. Sawicki
Nadia N. Sawicki
This Article presents a first-of-its-kind analysis of the disciplinary functions of state medical licensing boards-the frequently overlooked administrative agencies designed to serve as the "gatekeepers" of the medical profession. It concludes that medical boards may have lost sight of their primary goal of patient protection and suggests that a renewed focus on professional licensing boards may go a long way towards addressing some of the quality of care problems plaguing the American medical system. This Article identifies three fundamental legal principles underlying medical boards' authority to discipline physicians: the goal of public protection, substantive due process limitations based on fitness …
Reply To Critics Of The Heartbeat Bill,
2012
Cleveland State University, Cleveland-Marshall College of Law
Reply To Critics Of The Heartbeat Bill, David Forte
Law Faculty Articles and Essays
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent,
2012
Pepperdine University
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent, Jennifer Wolfberg
Pepperdine Law Review
No abstract provided.
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation,
2012
Pepperdine University
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Pepperdine Law Review
No abstract provided.
Toward A Theory Of Medical Malpractice,
2012
Brooklyn Law School
Toward A Theory Of Medical Malpractice, Alex Stein
Faculty Scholarship
No abstract provided.
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains,
2012
American University Washington College of Law
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Legislation and Policy Brief
Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …
Mold Is Gold: But, Will It Be The Next Asbestos?,
2012
Pepperdine University
Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner
Pepperdine Law Review
No abstract provided.
Fetal Pain Legislation: Is It Viable?,
2012
Pepperdine University
Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett
Pepperdine Law Review
Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?,
2012
Pepperdine University
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Pepperdine Law Review
No abstract provided.
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?,
2012
Pepperdine University
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
Pepperdine Law Review
More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …
Keeping Junk Science Out Of Asbestos Litigation,
2012
Pepperdine University
Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein
Pepperdine Law Review
No abstract provided.
An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings.,
2012
Boston College Law School
An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings., Mary Ann Chirba-Martin, Carolyn M. Welshhans
Mary Ann Chirba
Trying to buy a mercury thermometer at the local pharmacy these days will result in a deluge of information regarding the risks of mercury and the proper disposal protocol for mercury thermometers as hazardous waste. Yet, inquiring about the risks of placing mercury in one’s mouth, in the form of a dental filling, is likely to meet with resounding assurances of safety from the dental profession. While such comforting disclaimers are meant to ease patient concerns, many continue to worry about the safety of dental mercury. This article will begin by describing the many safety concerns that surround the use …
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?,
2012
Pepperdine University
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Pepperdine Dispute Resolution Law Journal
This paper reviews the constitutional issues surrounding medical malpractice arbitration clauses and the implementation of arbitration contracts, and the existing medical malpractice process. Federal preemption issues under the Federal Arbitration Act, enterprise liability and ERISA preemption, and cybermalpractice will be discussed. Finally, dispute resolution industry standards implemented by the American Arbitration Association and American Health Lawyers Association will be reviewed as well as current medical malpractice mediation practices in industry. While the past has shown that arbitration has not been used a great deal future trends may increase use. Emerging medical malpractice arbitration issues arising in the new millennium include …
The Future Of Adr,
2012
Pepperdine University
The Future Of Adr, Edward A. Dauer
Pepperdine Dispute Resolution Law Journal
This article addresses the use of alternative dispute resolution in health care.The article provides a historical analysis of medical malpractice and traces the development of ADR in healthcare. The article discusses the benefits that ADR can and will bring to health care in the future.
The Right To Die: Definitional Inquiry And The Search For Truth,
2012
Pepperdine University
The Right To Die: Definitional Inquiry And The Search For Truth, Bryan A. Kelley
Pepperdine Dispute Resolution Law Journal
This article explores the significant advantages of ADR techniques when dealing with elusive definitions in medical ethics. Part I briefly explores the meaning of definitional inquiry and justifies its important role in debate and achieving truth. Part II illustrates how confusion associated with certain terms leads to faulty reasoning, even in a recent Supreme Court decision. In Part III, some governmental sources of this confusion are revealed. Part IV illustrates the common use of rhetoric in the right-to-die debate as an appeal to emotion, rather than true meaning. Part V attempts to illustrate why this problem greatly affects the medical …
Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels,
2012
University of Michigan Law School
Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg
University of Michigan Journal of Law Reform
This Note proposes that states should develop error-correction bodies to identify past errors that have resulted in wrongful convictions of people accused of shaking a child. These institutions, which I call SBS Review Panels, would be similar to the error-correction bodies and commissions that have recently been established throughout the world to deal with various sorts of wrongful convictions. An SBS-specific commission should be developed because of the high level of scientific expertise that is required to fully understand this diagnosis and the problems associated with using the triad of medical findings as evidence of the defendant's conduct. Part I …
Adultery By Doctor: Artificial Insemination, 1890–1945,
2012
Chicago-Kent College of Law
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Chicago-Kent Law Review
In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities,
2012
Chicago-Kent College of Law
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Chicago-Kent Law Review
In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding …
Medicines That Kill,
2012
Sarah Lawrence College
Medicines That Kill, Lina Ahmed Abushouk
Annual Undergraduate Conference on Health and Society
The prevalence of counterfeit drugs on the African continent has been increasing at an alarming rate. “Medicines that Kill” is a research paper that attempts to analyze the factors that make African countries particularly susceptible to this global threat. Nigeria, a country that has had some of the highest rates of counterfeit drugs in the world, is the main case study for this paper. Its efforts to combat the issue are compared and contrasted with those of Tanzania and Kenya in an attempt to understand what aspects of the issue are unique to Africa and the methods that have been …
