Digital Commons Network^™

Ethical Issues Associated With Multidisciplinary Practices In Texas., Michael Kelly

St. Mary's Law Journal

In 2000, the American Bar Association House of Delegates voted to uphold the ban on multidisciplinary practices (MDPs) set out in Rule 5.4 of the Model Rules of Professional Conduct (Model Rules). In 2009, the ABA announced the creation of the Ethics 20/20 Commission to review the Model Rules in the context of globalization. The Commission announced it was looking into alternative business structures, including MDPs. In an MDP a client can seek the advice of several professionals with experience in different disciplines working in a single business. Under Rule 5.4, a lawyer is prohibited from sharing legal fees with …

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

Articles

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa

Cardozo Journal of Equal Rights & Social Justice

The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

All Faculty Scholarship

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009

Law & Health Care Newsletter

No abstract provided.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Faculty Scholarship

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage

Faculty Scholarship

My purpose in this commentary is twofold. First, I want to offer a few thoughts on why the American medical profession sometimes has a hard time accepting law on its own terms. Second, I want to suggest that even “good law” from the perspective of the medical profession—should it overcome its habits of resistance—may still be bad health policy for the United States.

The Constitutionality Of Mandates To Purchase Health Insurance, Mark A. Hall

O'Neill Institute Papers

Health insurance mandates have been a component of many recent health care reform proposals. Because a federal requirement that individuals transfer money to a private party is unprecedented, a number of legal issues must be examined.

This paper analyzes whether Congress can legislate a health insurance mandate and the potential legal challenges that might arise, given such a mandate. The analysis of legal challenges to health insurance mandates applies to federal individual mandates, but can also apply to a federal mandate requiring employers to purchase health insurance for their employees. There are no Constitutional barriers for Congress to legislate a …

Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz

Journal of Health Care Law and Policy

No abstract provided.

Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling

St. Mary's Law Journal

“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …

Professional Malpractice In A World Of Amateurs., Thomas D. Morgan

St. Mary's Law Journal

Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz

St. Mary's Law Journal

The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …

Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald

St. Mary's Law Journal

Attorney loyalty to clients is considered a cornerstone of the attorney-client relationship. Yet, loyalty is underexplored, misunderstood, and the subject of heated discord. Advocates of client-centered loyalty and their opponents both fail to provide a compelling accounting of loyalty to clients and its consequences. Leaving loyalty in limbo is an unacceptable state of affairs. The legal profession bears the continuous burden of accounting for its own practices. Because the Bar cannot assert broad client-centered loyalty as self-explanatory, the burden of disproving loyalty shifts to the critics. Critics of broad loyalty to clients are not helping advance the discourse by advocating …

The Case Against Tax Incentives For Organ Transfers, Lisa Milot

Scholarly Works

Each year some 6,700 Americans die while awaiting an organ transplant. On its face, this fact seems almost inconsequential, representing less than 3% of American deaths annually. However, for the nearly 100,000 patients on the transplant wait list (and their families), nothing could be more consequential. What is more, the demand for transplantable organs is sure to rise as (1) more diseases become subject to prevention or cure, making organ failure the first sign of medical problems; (2) the success rate for transplants increases, leading to wider use; and (3) barriers to inclusion on the wait list are removed.

In …

Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 16, No. 1, Fall 2008

Law & Health Care Newsletter

No abstract provided.

The Consequences Of Restricted Health Care Access For Immigrants: Lessons From Medicaid And Schip, Janet M. Calvo

Annals of Health Law and Life Sciences

This article explores the serious public health and health system concerns that arise from the exclusion of immigrants from health care access reform. Specifically, the author explains how Medicaid and SCHIP restrictions limit healthcare access for eligible citizens, undermine the functioning of the healthcare system, and hinder public health goals. These public health goals include: controlling contagious diseases, reducing infant mortality, and coordinating chronic disease care. Ultimately, the author concludes that providing health care access for noncitizens would further public health goals and implement a more rational and cost effective healthcare system.

The Nexus Between Immigrant Eligibility And Access: An Analysis Of The Economic, Social, And Linguistic Barriers To Health Care, Cory S. Bagby

Annals of Health Law and Life Sciences

No abstract provided.

Family-Centered Approach To Providing Comprehensive Asthma Care Services: The Harlem Family Asthma Center, Vincent E. Hutchinson, Lucille L. Lebovitz, Jennifer L. Northridge, Mary E. Northridge, Rubiahna L. Vaughn, Roger D. Vaughan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman

Georgia Law Review

It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.

The Law School Clinic As A Partner In A Medical-Legal Partnership, Jane R. Wettach

Faculty Scholarship

No abstract provided.

Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv

St. Mary's Law Journal

The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.

On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz

St. Mary's Law Journal

Abstract Forthcoming.

Socioeconomic Disparities In Health: A Symposium On The Relationships Between Poverty And Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The disparities in health between the rich and poor are so striking, and the results so dire, that reducing the gap is an ethical imperative.

A strong and consistent finding of epidemiological research is that socioeconomic status (SES) is correlated with morbidity, mortality, and functioning. SES is a complex combination of income, education, and occupation. Theorists posit that material disadvantage, diminished control over life's circumstances, and lack of social acceptance all contribute to poor health outcomes. The relationship between SES and health often is referred to as a "gradient" because of the graded and continuous nature of the association; health …

Access To Justice: The Use Of Contingent Fee Arrangements By Public Officials To Vindicate Public Rights, Neil F. X. Kelly, Fidelma L. Fitzpatrick

Cardozo Journal of Equal Rights & Social Justice

The article examines the legality and efficacy of contingent fee agreements in public nuisance litigation, particularly in the context of childhood lead poisoning cases. It argues that such agreements are valid, ethical, and necessary for governments to pursue justice and remediation in cases where public health and safety are at risk. The analysis focuses on the landmark Rhode Island case against lead pigment manufacturers, highlighting how contingent fee arrangements ensure fair representation and accountability without compromising due process or impartiality.

Assessing Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Brian Kamoie, Robert M. Pestronk, Peter Baldridge, Leah Devlin, George A. Mensah, Michael Doney

Articles by Maurer Faculty

No abstract provided.

Law & Health Care Newsletter, V. 15, No. 1, Fall 2007

Law & Health Care Newsletter

No abstract provided.