Digital Commons Network^™

Land Use In Pennsylvania: Any Change Since The Environmental Rights Amendment?, Eric Pearson, Gerald J. Hutton

Duquesne Law Review

No abstract provided.

Who Shall Decide When Doctors Disagree--A Review Of The Legal Development Of Informed Consent And The Implications Of Proposed Lay Review Of Human Experimentation?, Marian F. Ratnoff

Case Western Reserve Law Review

No abstract provided.

Economic, Medical And Legal Aspects Of The Age Discrimination Laws In Employment, Irving Kovarsky, Dr. Joel Kovarsky

Vanderbilt Law Review

There is speculation that many colleges and universities will be hard hit in the near future by the EEOC because of sex discrimination. It can also be anticipated that the institutions of higher learning will soon be faced with many charges of age discrimination . Because of the limited funds available and the attitudes of some administrators, older employees who find it difficult to move to other jobs are given only small wage increases. This failure to match the cost of living of older employees while younger and more mobile members fare better proportionately may well be a sign of …

"Newer" Equal Protection: The Impact Of The Means-Focused Model, Alan M. Ahart

Buffalo Law Review

No abstract provided.

The Patient Rights Advocate: Redefining The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey, Jr.

Vanderbilt Law Review

To change the traditional doctor-patient relationship in the health facility context, one must begin with a complete statement defining the rights, both those legally recognized and those granted as a matter of hospital policy, that should be afforded to all patients. This document should then be made available to all patients and hospital staff and to members of the community in general. Its first purpose is educational. To perform its second purpose-the assurance that rights are afforded--a patient rights advocate system should be adopted in the hospital. The advocate must have the power to exercise, on behalf and at the …

The Minnesota Chiropractic Licensing Statute--A Time For Revision, Minn. L. Rev. Editorial Board

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Emigration: A Policy Oriented Inquiry, Arthur Jay Silverstein

Syracuse Journal of International Law and Commerce

This inquiry will treat restrictions on the desire to emigrate in a conceptual manner so as to provide criteria and procedures for decision-making. First, a framework will be constructed to assist decision-makers--be they heads of state, diplomats, legislators, bureaucrats, or simply citizens--in evaluating the competing claims involved when an individual seeks to exercise the right to emigrate. Then, an analysis of the emigration policies of Austria, India, the Soviet Union, the United Kingdom, and the United States will be presented as illustrative of the world community's approach toward emigration showing its general expectations about appropriate controls on emigration. Finally, the …

The Legal And Social Implications Of Psychopharmacology, Thomas P. Dugan

Hofstra Law Review

One out of every four adults in the United States has taken a psychotropic agent in the last year; one out of every two has taken a psychotrope at some time in his life. Since their introduction in the 1950s, the new psychotherapeutic drugs have attained a position of importance in the armamentarium of the physician. Whether the increase in the use of these drugs is the result of "turbulent times," of promotional efforts, or "of sloppy prescribing practices of clinicians is uncertain." There is, however, reason to believe that psychopharmacology will hold a unique position within drug liability in …

The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.

Faculty Scholarship

As Western man approaches the last quarter of the twentieth century, he is developing the power to control the forces of nature. Few areas of human behavior have not been affected by new technologies. In health care, progress has been dramatic in such areas as the determination of prenatal genetic defects through amniocentesis, asexual reproduction through artificial insemination, the use of an artificial placenta, cloning,artifical modification of man-especially through transplantation, ' modification of human behavior through psychosurgery and chemotherapy,' and the mechanical postponement of death. No aspect of health care has escaped the impact of technology.

Resolutions Of The Bar Of The Supreme Court

South Carolina Law Review

No abstract provided.

Genetic Technology: Law And Policy For The Brave New World, Harold P. Green

Indiana Law Journal

No abstract provided.

Medical Practices In Sports, Allan J. Ryan

Law and Contemporary Problems

No abstract provided.

Protective Services For The Elderly: Commitment, Guardianship, And Alternatives, John J. Regan

William & Mary Law Review

No abstract provided.

Court-Ordered Contraception In California, Michael A. Lotman

UC Law Journal

No abstract provided.

Antitrust - Standing - State Does Not Have Standing To Sue As Parens Patriae Under Section 4 Of The Clayton Act For Damages To The General Economy Attributed To Violations Of The Antitrust Laws, James M. Papada Iii

Villanova Law Review (1956 - )

No abstract provided.

Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas

Faculty Scholarship

As recently as the turn of the century a random patient meeting a random physician had less than a 50:50 chance of benefiting from the encounter. Physicians were just beginning to emerge from the era when they were essentially tradesmen, often with little more to offer their patients than comfort and company during illness and death. The principal causes of mortality were the infectious diseases against which the medical community stood impotent. There were few medical schools, few diagnostic tests, no specific treatment of disease, and no specialization of physicians. In the words of former AMA president Dwight L. Wilbur, …

Recent Applications Of The Ban On Cruel And Unusual Punishments: Judicially Enforced Reform Of Nonfederal Penal Institutions, Gary Wood

UC Law Journal

No abstract provided.

Blood And Tort: Cunningham V. Macneal Memorial Hospital

Georgia Law Review

No abstract provided.

Workmen's Compensation--Diseases Arising Out Of Employment--A Problem Of Proof, Victoria Giammattei

McGeorge Law Review

No abstract provided.

Transsexuals In Limbo: The Search For A Legal Definition Of Sex

Maryland Law Review

No abstract provided.

Drug Synergism And Potential Medical Liability, John C. Slovensky

Case Western Reserve Journal of International Law

No abstract provided.

Libel Per Quod In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

The purpose of this article is to trace the development of the rules of defamation with particular reference to extrinsic fact. A defamatory communication is one that tends to diminish the esteem, respect, good will, or confidence in which a person is held or to excite adverse, derogatory, or unpleasant feelings or opinions against him. To be actionable under the modem law, however, the defendant's statement must be capable of a defamatory meaning in the sense normally understood.

Defamation consists of the separate torts of libel and slander. Historically, these torts evolved independently of each other, and as a result …

Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose

Missouri Law Review

It is the purpose of this article to survey legally significant organic diseases that may be contributing factors in criminal conduct or lead to criminal incompetency. An exhaustive cataloging of diseases is not intended, but rather the goal is to create an awareness in the practicing attorney, who finds himself defending an individual of questionable mental stability, of the possible medical theories that may be argued in defending his client. It is hoped that the material presented herein will alert the attorney to the necessity of seeking an expert medical opinion whenever the attorney suspects that his client is suffering …

Recent Developments In North Carolina Tort Law, Robert G. Byrd

North Carolina Law Review

No abstract provided.

Controlling And Promoting Quality In Medical Care, Milton I. Roemer

Law and Contemporary Problems

No abstract provided.

The A.M.A. And The Supply Of Physicians, Reuben A. Kessel

Law and Contemporary Problems

No abstract provided.

Psychology And The Criminal Law, Paul E. Meehl

University of Richmond Law Review

The two opposite errors a lawyer may make in evaluating the social scientist's contribution to law are to be overly critical and hostile, or to be unduly impressed and uncritically receptive. I have seen examples of both mistakes. The extreme form of the first attitude is shown by the lawyer who frankly believes that psychology, psychiatry, and sociology are mostly "baloney," pretentious disciplines which have abandoned common-sense knowledge of human life but whose claim to have substituted scientific knowledge is spurious. I would like to believe that this hostile attitude is always based upon misinformation or ignorance; but unfortunately, if …

Surrogate Management Of The Property Of The Aged, George J. Alexander

Faculty Publications

No abstract provided.

Constitutional Protection For Freedom Of Movement: A Time For Decision, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.

Welfare Searches - Lack Of Consent Renders Early Morning Mas Welfare Raids Unconstitutional; Conditioning Receipt Of Welfare Benefits Upon Giving Consent Held Invalid. Parrish V. Civil Service Comm’N (Cal. 1967)., Richard Peter Sax

San Diego Law Review

This recent case discusses Parrish v. Civil Service Comm'n (Cal. 1967).