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Articles 1381 - 1410 of 1528

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Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin Jan 1995

Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article uses tuberculosis as the paradigm for exploring rational standards for the exercise of compulsory public health powers. Extant doctrine in disability and constitutional law provides a lens for examining judicial review of state interventions. The author first sets out the central epidemiological and biological aspects of tuberculosis to demonstrate the strength of the governmental interest in curtailing the epidemic. Second, he examines the interventions of testing, screening, and confinement of persons with tuberculosis, where he focuses on two congregate settings--correctional and health care facilities--that present substantial health risks and are principal foci for the exercise of state intervention. …

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The Health Care Proxy And The Narrative Of Death, Steven I. Friedland Jan 1995

The Health Care Proxy And The Narrative Of Death, Steven I. Friedland

Journal of Law and Health

This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …

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The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin Jan 1995

The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The resurgence of tuberculosis and the rise in drug-resistant cases is neither inexplicable nor unexpected, but rather is the predictable outcome of a complex configuration of biological, social, and behavioral factors that have converged in America over the past decade. This article examines the biological, social, and behavioral causes of the epidemic, and suggests a comprehensive public health strategy for curtailing tuberculosis and other infectious diseases. When thoughtfully conceived, public health strategies can be implemented that are consistent with the limitations that both constitutional law and disability law place on the authority of the state. While traditional concepts of public …

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Medicine, Death, And The Criminal Law, George J. Annas Jan 1995

Medicine, Death, And The Criminal Law, George J. Annas

Faculty Scholarship

Errors in medicine are common and are at least partly responsible for the deaths of 180,000 patients a year. There is increasing concern about medical errors and the steps that should be taken to prevent them.Until recently, hospitals have addressed errors after the fact, through mortality and morbidity conferences, incident reports, and the like, rather than before the fact, through attention to systems defects and prevention. Likewise, medical-malpractice litigation can be filed only after an injury has occurred. Malpractice litigation is intended to create incentives to improve the quality of medical care by making physicians and hospitals accountable for their …

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Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy Oct 1994

Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy

Buffalo Law Review

No abstract provided.

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Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy Sep 1994

Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy

Faculty Scholarship

No abstract provided.

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Unblinded Mandatory Hiv Screening Of Newborns: Care Or Coercion?, Linda Farber Post Aug 1994

Unblinded Mandatory Hiv Screening Of Newborns: Care Or Coercion?, Linda Farber Post

Cardozo Law Review

The image of mother and child is perhaps the most universal symbol of love and protection. The concept of mother and sick child evokes instant compassion and the desire to do somethinganything-to help the mother help her baby. When the disease is both incurable and fatal, there is the expectation that the combined efforts of the state and the medical community will be mobilized to intervene on behalf of those who are afflicted. This Note looks at one such attempt and considers, not the good intentions that prompted it, but the legal ramifications of its implementation.

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Board Of Chiropractic Examiners, Y. Simpson Jul 1994

Board Of Chiropractic Examiners, Y. Simpson

California Regulatory Law Reporter

No abstract provided.

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Should Aids Research Be Regulated? A Manhattan Project For Aids And Other Policy Proposals, Steven Salbu Apr 1994

Should Aids Research Be Regulated? A Manhattan Project For Aids And Other Policy Proposals, Steven Salbu

Indiana Law Journal

No abstract provided.

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The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks Jan 1994

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks

Faculty Scholarship

No abstract provided.

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Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere Jan 1994

Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere

Florida State University Law Review

No abstract provided.

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Medical Malpractice And Physician Accountability: Trends In The Courts And Legistlative Responses, Theodore R. Leblang Jan 1994

Medical Malpractice And Physician Accountability: Trends In The Courts And Legistlative Responses, Theodore R. Leblang

Annals of Health Law and Life Sciences

No abstract provided.

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Aidsphobia: Forcing Courts To Face New Areas Of Compensation For Fear Of A Deadly Disease, Victoria L. Rees Jan 1994

Aidsphobia: Forcing Courts To Face New Areas Of Compensation For Fear Of A Deadly Disease, Victoria L. Rees

Villanova Law Review (1956 - )

No abstract provided.

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Board Of Chiropractic Examiners, Y. Simpson Jan 1994

Board Of Chiropractic Examiners, Y. Simpson

California Regulatory Law Reporter

No abstract provided.

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Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis Jan 1994

Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis

Fordham Urban Law Journal

Public hospitals are forced to absorb many of the costs of treating indigent patients whose alcohol and tobacco consumption has predictably lead to illness. This is contradictory to hospital's own interests in preventing disease, improving the efficiency of therapy and minimizing their financial losses. The goal of this article is to examine the possibility of reassigning these coasts through litigation. A cause of action should be available to public hospitals to recover their expenditures for the uncompensated medical treatment that is necessitated by alcohol and tobacco use. Such litigation in Mississippi and similar Florida legislation should serve as a model …

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The Impact Of Medical Progress On Child Health, Mary Ellen Avery Jan 1994

The Impact Of Medical Progress On Child Health, Mary Ellen Avery

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi Jan 1994

A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi

Journal of Law and Health

This paper will examine the creation of a federal AIDS compensation scheme for victims of injuries caused by vaccines which are distributed as a part of a national immunization program. As a preliminary inquiry, I will examine the impact of perceived liability on potential manufacturers to determine whether the risk of liability for manufacturers decreases the possibility that a successful AIDS vaccine will be introduced into the market. I will then discuss whether, given the present laws and economic incentives surrounding the vaccine industry, a federal compensation scheme for an AIDS vaccine is necessary. After analyzing the unique problems of …

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Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii Jan 1994

Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii

Journal of Law and Health

The real-although often exaggerated-threats to genetic privacy, and the resulting forms of geneticdiscrimination, posed as a consequence of research in this field, can be contained by careful development and application of legal norms through legislative schemes at the state and federal levels of government. In partnership, law and science should seek to develop a contemporary agenda for social change that also seeks to fulfill socio-political goals.When viewed as but a tool for enhancing the health of the nation's citizens, and of engineering humanity's genetic weaknesses out of the line of inheritance, biological determinism is an absolute necessity for trans-national survival …

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Human Organ Transplantation: The Role Of Law, Fred H. Cate Jan 1994

Human Organ Transplantation: The Role Of Law, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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Reverse Informed Consent: The Unreasonably Dangerous Patient, A. Samuel Oddi Nov 1993

Reverse Informed Consent: The Unreasonably Dangerous Patient, A. Samuel Oddi

Vanderbilt Law Review

Latrogenic injuries'-those caused by health care professionals (HCPs) in the course of treating patients-raise significant ethical, legal, and public policy issues.' With the advent of the AIDS epidemic, these issues become even more difficult when the iatrogenic injury results not from the patient's having received treatment below the professional standard of care (which is the usual grist for the malpractice mill) but from an infectious condition of the HCP. Considerable public attention has been directed to patients who have been exposed to the risk of AIDS by HIV-positive HCPs.6 It is difficult to be unmoved by the tragic example of …

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Board Of Dental Examiners, J. Doherty, J. D'Angelo Oct 1993

Board Of Dental Examiners, J. Doherty, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

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Board Of Chiropractic Examiners, Y Simpson Oct 1993

Board Of Chiropractic Examiners, Y Simpson

California Regulatory Law Reporter

No abstract provided.

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Medical Board Of California, M. Dalton, R. Little, A. Rovell, J. D'Angelo Jan 1993

Medical Board Of California, M. Dalton, R. Little, A. Rovell, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

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Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini Jan 1993

Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini

Northwestern Journal of International Law & Business

This Comment will discuss the current methods by which medical waste is regulated in the United States and how the scientific data regarding medical waste demonstrates a misplaced emphasis on its regulation. Part II of this Comment discusses what constitutes medical waste and current methods for its disposal. Part III discusses the reasons why the medical waste problem began and the real versus perceived risks of medical waste and its disposal. In addition, the current federal and state medical waste regulation in the United States is discussed, and its effects on the states and the health-care industry are examined in …

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The Use Of Financial Incentives In Medical Care: The Case Of Commerce In Transplantable Organs, James F. Blumstein Jan 1993

The Use Of Financial Incentives In Medical Care: The Case Of Commerce In Transplantable Organs, James F. Blumstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Life Style, Health Status, And Distributive Justice, Robert L. Schwartz Jan 1993

Life Style, Health Status, And Distributive Justice, Robert L. Schwartz

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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The Criminalization Of Perinatal Aids Transmission, Heather Sprintz Jan 1993

The Criminalization Of Perinatal Aids Transmission, Heather Sprintz

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman Jan 1993

Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

It is time to consider an alternative approach to organ procurement and allocation -- one that relies on presumed consent to organ donation, combined with incentives which recognize the communal basis of the obligation to donate one's organs after death. Such a system must provide numerous opportunities for “opting out” of donation in order to promote individual autonomy and use economic and eleemosynary incentives for persons to contribute their organs after death. Mere mention of the words “presumed consent” and “compensated donation” may raise ethical eyebrows. However, a system of presumed consent to compensated organ donation should be considered as …

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The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.

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The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin Jan 1993

The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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