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Articles 3871 - 3900 of 4389
Full-Text Articles in Entire DC Network
The Aids Blood-Transfusion Cases: A Legal And Economic Analysis Of Liability, Ross D. Eckert
The Aids Blood-Transfusion Cases: A Legal And Economic Analysis Of Liability, Ross D. Eckert
San Diego Law Review
Through 1991 over 4,000 persons contracted AIDS through transfusion. Statutes in forty-nine states exempt blood banks from strict liability, and the usual negligence rule is weak. Analyzing the medical literature, regulation, and case law, Eckert argues that blood bankers have superior information for reducing risk and that stronger liability rules should be reconsidered. He finds that industry-wide standards of care often emerge from agreements among the three associations of blood banks, and that joint liability for blood banks should be considered. The Article concludes that blood banks should be subject to strict liability in tort, and Eckert discusses the effects …
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution?, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution?, Christine N. Cimini
Connecticut Journal of International Law
As of June, 1991, although only 366,455 Acquired Immune Deficiency Syndrome (AIDS) cases had been reported to the World Health Organization (WHO), WHO officials estimated that as many as 1.25 million people worldwide had actually contracted AIDS.' While there is no known cure for the disease, the percentage of the population that is afflicted with AIDS or infected with the human immunodeficiency virus (HIV), which causes the disease, is growing. The WHO predicts that there will be twenty-five to thirty million cases of HIV worldwide by the year 2000.2 Due to the complexity of AIDS/HIV as a social phenomenon, the …
A Health Care Worker's Duty To Undergo Routine Testing For Hiv/Aids And To Disclose Positive Results To Patients, Jane H. Barney
A Health Care Worker's Duty To Undergo Routine Testing For Hiv/Aids And To Disclose Positive Results To Patients, Jane H. Barney
Louisiana Law Review
No abstract provided.
Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney
Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney
Washington and Lee Law Review
No abstract provided.
Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner
Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner
Annals of Health Law and Life Sciences
With the increasing spread of AIDS and HIV courts are confronted with the task of balancing the need of public disclosure of a healthcare worker's HIV status against that individual's right to privacy.
Articles 20–25 And 29, Louis B. Sohn
Articles 20–25 And 29, Louis B. Sohn
Colorado Environmental Law Journal
No abstract provided.
Corporate Negligence: Defining The Duty Owned By Hospitals To Their Patients, Mark E. Milsop
Corporate Negligence: Defining The Duty Owned By Hospitals To Their Patients, Mark E. Milsop
Duquesne Law Review
No abstract provided.
Illicit Drugs In America: History, Impact On Women And Infants, And Treatment Strategies For Women, Stephen R. Kandall, Wendy Chavkin
Illicit Drugs In America: History, Impact On Women And Infants, And Treatment Strategies For Women, Stephen R. Kandall, Wendy Chavkin
UC Law Journal
Media and government alike speak of the "war on drugs" as if it were a new phenomenon. In fact, drug use and abuse have been recognized as significant social, legal, and medical issues in this country for well over a century. In this Article Drs. Kandall and Chavkin provide an overview of drug use in America, putting special emphasis on issues related to maternal drug use. The Article begins by briefly surveying the history of drugs in America. Next, the authors review the adverse medical outcomes associated with maternal drug use, which include increased infant morbidity and mortality. The discussion …
The Lsat: Narratives And Bias, Leslie G. Espinoza
The Lsat: Narratives And Bias, Leslie G. Espinoza
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman
The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman
UIC Law Review
No abstract provided.
Beyond Guardianship Reform: A Reevaluation Of Autonomy And Beneficence For A System Of Principled Decision-Making In Long Term Care, Alison Patrucco Barnes
Beyond Guardianship Reform: A Reevaluation Of Autonomy And Beneficence For A System Of Principled Decision-Making In Long Term Care, Alison Patrucco Barnes
Faculty Publications
No abstract provided.
Maquiladoras And The Border Environment: Prospects For Moving From Agreements To Solutions, Michael Connor
Maquiladoras And The Border Environment: Prospects For Moving From Agreements To Solutions, Michael Connor
Colorado Environmental Law Journal
No abstract provided.
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
University of Baltimore Law Review
No abstract provided.
Constitutional Law - Eighth Amendment - A Prisoner Must Prove That Prison Officials Acted With Deliberate Indifference To Confinement Conditions For Such Conditions To Constitute Cruel And Unusual Punishment - Wilson V. Seiter, 111 S. Ct. 2321 (1991)., Matthew J. Giacobbe
Seton Hall Law Review
No abstract provided.
Medicine And Law: Selected Recent Developments, Hillary Greene
Medicine And Law: Selected Recent Developments, Hillary Greene
Faculty Articles and Papers
The dynamic interaction of medicine and law continues to raise difficult, cutting edge challenges for practitioners, scholars, and decision makers in both fields. The process of accommodating new medical problems, techniques, and solutions within the traditional doctrines and processes of the law involved many new or developing issues during the past year. This article will consider the state of the law, as reflected in recent decisions and legislation, in two particularly important medical-legal areas: AIDS and proof of causation.
The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro
The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro
UIC Law Review
No abstract provided.
Mandatory Aids Testing, Mathew Hoch
Mandatory Aids Testing, Mathew Hoch
Brigham Young University Prelaw Review
In October of 1991, Kimberly Bergalis, a weak and frail AIDS victim, made a physically taxing journey to Washington D.C. She went, despite her deteriorating condition, to testify on behalf of a proposed bill that would require health care practitioners to be tested for the HIV virus before performing any invasive procedures. Kimberly was unknowingly infected by her dentist, who had the HIV virus.
On Sanism, Michael L. Perlin
Therapeutic Jurisprudence And Tort Law: A Limited Subjective Standard Of Care, Daniel W. Shuman
Therapeutic Jurisprudence And Tort Law: A Limited Subjective Standard Of Care, Daniel W. Shuman
SMU Law Review
No abstract provided.
The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones
The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones
Fordham Urban Law Journal
Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …
Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.
Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.
Fordham Urban Law Journal
After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease. …
Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes
Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes
Brigham Young University Prelaw Review
The due process clause is one of the many battlegrounds upon which two diametrically opposed camps of judicial decision makers fight out their rulings-rulings which effect the mass of citizenry and the balance of power in America's constitutional system. These opposing camps are the originalists and revisionists.
Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski
Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski
Faculty Articles
The publicity surrounding the Bergalis case has created a new and powerful fear for some-the fear of contracting a fatal disease while obtaining medical or dental care. Following Bergalis' congressional testimony, Congress passed a bill requiring states to regulate HIV-infected health care workers (HCWs). Responding to constituents' fears, state legislatures had already been debating a wide range of bills designed to confront the risk of HIV transmission in health care settings. Private actors, such as hospitals and insurers, feared litigation or loss of business if the public perceived them to be ignoring the problem of HIV infection among HCWs. As …
Commonwealth V. Wasson: Invalidating Kentucky's Sodomy Statute, Thomas P. Lewis
Commonwealth V. Wasson: Invalidating Kentucky's Sodomy Statute, Thomas P. Lewis
Kentucky Law Journal
No abstract provided.
Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr
Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr
Kentucky Law Journal
No abstract provided.
An Economic Analysis Of The Issues Surrounding Aids In The Workplace: In The Long Run, The Path Of Truth And Reason Cannot Be Diverted, Wayne R. Cohen
An Economic Analysis Of The Issues Surrounding Aids In The Workplace: In The Long Run, The Path Of Truth And Reason Cannot Be Diverted, Wayne R. Cohen
American University Law Review
No abstract provided.
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki And Beyond, George J. Annas
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki And Beyond, George J. Annas
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Journal of Law and Health
This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.