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Articles 1351 - 1380 of 1528
Full-Text Articles in Entire DC Network
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Fordham Urban Law Journal
The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …
The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this article, the author first examines the mechanism by which blood-borne disease is transmitted through sharing of injection equipment. Thereafter, he presents a public health strategy for reducing multi-person use of contaminated injection equipment. This strategy includes: repealing or modifying current laws and regulations making possession and distribution of sterile injection equipment a criminal offense; implementing syringe exchange programs to expand access to new syringes for users of injection drugs; and counseling, education, and treatment targeted to injecting drug users (IDUs), including those in the prison and health care system. The objective of a public health approach is not …
Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler
Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Controlling Infectious Diseases, David P. Fidler, William Lane Porter
Controlling Infectious Diseases, David P. Fidler, William Lane Porter
Articles by Maurer Faculty
No abstract provided.
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Washington Law Review
Current U.S. immigration law provides for the exclusion of all aliens who are "determined ... to have a communicable disease of public health significance. In addition to numerous sexually transmitted diseases such as infectious syphilis and gonorrhea, "communicable diseases of public health significance" include infectious tuberculosis and human immunodeficiency virus (HIV). The first portion of this Article provides a brief overview of the history and epidemiology of tuberculosis, as well as the diagnosis and management of the disease. The Article next reviews current information on tuberculosis in immigrant populations and proceeds to a discussion of U.S. immigration processes relating to …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Washington Law Review
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Washington Law Review
This Article examines the tension between protecting public health in light of personal liberty interests in the context of these :recent reforms. Legislative reform was initiated based on changes in the nature of TB itself. Part II of the Article briefly examines the nature of TB and its new, multidrug resistant strains as well as its local and global incidence. The transmissibility of TB from a clinical (medical) perspective is discussed because the modes of transmission are critical to determining the nature of the public health risk. The clinical relationship between TB and the human immunodeficiency virus (HIV) is noted, …
Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell
Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell
Mercer Law Review
I am delighted to be a part of these proceedings. Just to establish my biases, perhaps more than my credentials, you need to understand that I come to this task from three historical and shaping perspectives. The first is that of Family Medicine. I spent twenty-three years of my career in academic Family Medicine and continue to view that particular primary care discipline as the one best suited for providing patient access into the medical system, because of the broad base of training and education it provides for its graduates in the knowledge, skills, and attitudes needed to take care …
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
University of Michigan Journal of Law Reform
President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …
Mandatory Hiv Screening Of Newborns: A Proposition Whose Time Has Not Yet Come , Suzanne M. Malloy
Mandatory Hiv Screening Of Newborns: A Proposition Whose Time Has Not Yet Come , Suzanne M. Malloy
American University Law Review
No abstract provided.
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Journal of Law and Health
The increase in tuberculosis cases in the United States in recent years has led to a major reconsideration of long-dormant public health strategies. Isolation of contagious persons, whether at home or in treatment facilities is one of the measures receiving renewed attention. Public health and legal authorities must reassess these measures from the point of view of their necessity, utility and constitutionality. The law currently in force in Ohio originated before expanded protection of civil liberties. If Ohio public health officials find it necessary to use existing quarantine procedures with tuberculosis patients they will be on shaky constitutional ground. As …
Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys
Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys
Journal of Law and Health
Despite the numerous benefits of intercountry adoption, most families do not consider the possible health ramifications. Since adoptive parents are unsuspecting of ailments associated with foreign countries, a complete pediatric examination is a must after receiving the foreign adoptee. Such a pediatric examination will be effective when it is uniform and thorough, but without such an examination both parents and physicians remain in the dark about the child's health. Congress ought to amend the Immigration and Nationality Act (INA) to require a standard pediatric examination for all foreign adoptees, regardless of the country of origin, as a condition to approval …
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
UIC Law Review
No abstract provided.
Human Rights And Aids: The Future Of The Pandemic, 30 J. Marshall L. Rev. 195 (1996), Jonathan M. Mann
Human Rights And Aids: The Future Of The Pandemic, 30 J. Marshall L. Rev. 195 (1996), Jonathan M. Mann
UIC Law Review
No abstract provided.
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
St. Mary's Law Journal
Periods of rapid industrial growth and environmental degradation in the United States-Mexico Borderlands have historically coincided with negative shifts in Mexico’s economy. The Mexican economic crisis of 1982 sparked burgeoning growth in the maquiladora industry, with plants in the Borderlands increasing at a rate of fifteen percent per year. Due to the Mexican economic crisis of the mid-1990s, renewed industrial expansion and environmental degradation is once again expected. The maquiladora program is frequently used to identify cooperative industrial efforts between the United States and Mexico. The term refers to an assembly process in which twin plants operate on opposite sides …
When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
Journal Articles
This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Cardozo Journal of Equal Rights & Social Justice
The article argues against mandatory HIV screening for newborns, asserting that the benefits of early detection do not justify the infringement on mothers' legal rights and privacy. Proponents overemphasize medical benefits and underestimate the impact on maternal rights and care roles.
Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna
St. Mary's Law Journal
The horrendous conditions along the Texas-Mexico border stem from factors on both sides of the Rio Grande River, including maquiladoras, migrant farms, poverty, poor land development, and bureaucracy. The adverse living conditions in Texas’s third world border region have resulted in immense health and safety problems. The United States government promised the North American Free Trade Agreement (NAFTA) would bring new environmental prosperity to the border region. Yet, aside from one sentence in the preamble, NAFTA does not directly address environmental protection. The United States and Mexico, as part of a series of environmental side agreements, created the Border Environmental …
Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum
Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum
American Indian Law Review
No abstract provided.
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Articles
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Mission Impossible? International Law And Infectious Diseases, David P. Fidler
Mission Impossible? International Law And Infectious Diseases, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Globalization, International Law, And Emerging Infectious Diseases, David P. Fidler
Globalization, International Law, And Emerging Infectious Diseases, David P. Fidler
Articles by Maurer Faculty
The global nature of the threat posed by new and reemerging infectious diseases will require international cooperation in identifying, controlling, and preventing these diseases. Because of this need for international cooperation, international law will certainly play a role in the global strategy for the control of emerging diseases. Recognizing this fact, the World Health Organization has already proposed revising the International Health Regulations. This article examines some basic problems that the global campaign against emerging infectious diseases might face in applying international law to facilitate international cooperation. The international legal component of the global control strategy for these diseases needs …
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Faculty Scholarship
Courts in more than a dozen states have decided cases in which a person has claimed money damages for his or her fear of getting acquired immunodeficiency syndrome (AIDS). Although most courts have rejected such claims in the absence of actual exposure to the human immunodeficiency virus (HIV), their reasoning has varied slightly from state to state. This article argues that negligence law should not permit people who are HIV negative to recover damages for an unfounded fear of AIDS. Public health statements intended to educate the public about preventing HIV transmission may have encouraged some fear-of-AIDS lawsuits against health …
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
University of Michigan Journal of Law Reform
Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
UIC Law Review
No abstract provided.
Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris
Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris
UIC Law Review
No abstract provided.
Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin
Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin
UIC Law Review
No abstract provided.
The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin
The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin
Maryland Law Review
No abstract provided.
Significant Risk Concept Justifies Practice Restrictions Of An Hiv-Infected Surgeon, Patricia M. Bailey
Significant Risk Concept Justifies Practice Restrictions Of An Hiv-Infected Surgeon, Patricia M. Bailey
Villanova Law Review (1956 - )
No abstract provided.
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
UIC Law Review
No abstract provided.