Digital Commons Network^™

Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit

Journal of Law and Health

In many cases, courts have incorrectly applied the doctrine of "substituted judgment" to violate the bodily integrity of a minor (who is usually physically or mentally disabled), or an adult incompetent, to bring about a result which on its face seems beneficial to all involved. What courts have failed to do, however, is protect the best interests of these incompetent persons and to recognize their right to be protected, especially when they cannot consent, from non-therapeutic bodily invasions. In this context, "best interests" are determined by weighing the risks, needs and benefits to the affected person. The type of "non-therapeutic" …

Chapter 10: Health

Women's Annotated Legal Bibliography

No abstract provided.

The Right To Refuse Life-Sustaining Treatment In California: Who Should Decide And By What Standard?, Kathleen M. Malone

Santa Clara Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Law, James N. Christman

University of Richmond Law Review

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers

University of Richmond Law Review

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …

Due Process

Touro Law Review

No abstract provided.

Preservation Of Biological Diversity: Toward A Global Convention, Kathyrn Rackleff

Colorado Environmental Law Journal

No abstract provided.

International Trade And The Environment: Implications Of The General Agreement On Tariffs And Trade For The Future Of Environmental Protection Efforts, K. Gwen Beacham

Colorado Environmental Law Journal

No abstract provided.

Private Ordering And The Securities Laws: The Case Of General Partnerships, Larry E. Ribstein

Case Western Reserve Law Review

No abstract provided.

Drug Use During Pregnancy: State Strategies To Reduce The Prevalence Of Prenatal Drug Exposure, Deborah Appel

University of Florida Journal of Law & Public Policy

No abstract provided.

Book Review: The Aspirin Wars: Money, Medicine, And 100 Years Of Rampant Competition, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The recent identification of a possible link between the long-term use of aspirin and a reduced incidence of colon and rectal cancer has directed renewed attention to a familiar household medication whose origins reach back to antiquity.

Competition from other painkillers had begun to cut deeply into the market once dominated by aspirin-based products when studies indicated the possibilities, first that the regular consumption of aspirin might prevent second heart attacks, and later that it might lower the risk of heart attacks in healthy individuals. If these two discoveries, as well as the new finding about colon and rectal cancers, …

Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel

Faculty Publications

No abstract provided.

Can Buckley Clear Customs?, Harold H. Bruff

Publications

No abstract provided.

"He Wants To Do What?" Cryonics: Issues In Questionable Medicine And Self-Determination, John Labouff

Santa Clara High Technology Law Journal

No abstract provided.

Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson

Seattle University Law Review

This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena

Marine Affairs Theses and Major Papers

Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …

Autonomy For Vulnerable Populations: The Supreme Court's Reckless Disregard For Self-Determination And Social Science, Donald N. Bersoff

Villanova Law Review (1956 - )

No abstract provided.

Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis

Villanova Law Review (1956 - )

No abstract provided.

Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …

The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander

Touro Law Review

No abstract provided.

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.

Judicial Deference To Executive Precedent, Thomas W. Merrill

Faculty Scholarship

In 1984, the Supreme Court adopted a new framework for determining when courts should defer to interpretations of statutes by administrative agencies. Previous decisions had looked to multiple contextual factors in answering this question. Chevron U.S., Inc. v. National Resources Defense Council, Inc. appeared to reject this approach and require that federal courts defer to any reasonable interpretation by an agency charged with administration of a statute, provided Congress has not clearly specified a contrary answer. The Court justified this new general rule of deference by positing that Congress has implicitly delegated interpretative authority to all agencies charged with enforcing …

Benign Restraint: The Sec's Regulation Of Execution Systems, David M. Schizer

Faculty Scholarship

To the handful of traders who founded the New York Stock Exchange (NYSE) in 1792 – and perhaps even to the securities traders of the 1960's – today's securities markets would be virtually unrecognizable. New communications and data processing technologies, the globalization of investment portfolios, and a surge in trading volume have created new needs and possibilities. As a result, revolutionary advances have occurred in the design and performance of execution systems: the technologies (computers, telephones, modems) and formats (auction-based stock exchanges, dealer-based "over-the-counter" markets, computerized single price auctions) that traders use to conduct trades. These advances enable trades on …

The International Code Of Marketing Of Breast-Milk Substitutes: Survey Of Legislation And Other Measures Adopted (1981-1991), Gillian L. Lester

Faculty Scholarship

Since the adoption of the International Code of Marketing of Breast·milk Substitutes in 1981, Member States of the World Health Organization have responded in varying degree and manner in giving effect to it. WHO has prepared a comprehensive summary, organized on a country-by-country basis, of government action in this regard (document WHO /MCH/NVT /90.1). The present paper complements chis summary, and increases its usefulness, by focusing on the Code's individual articles and describing how each has been given expression through national legislation or other measures. Their adoption is one aspect of the wider efforts Member States are making to address …

Adventures In Babysitting: Gestational Surrogate Mother Tort Liability, Karen A. Bussel

Duke Law Journal

No abstract provided.

Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson

Cardozo Law Review

No abstract provided.

Clayton Act Scrutiny Of Nonprofit Hospital Mergers: The Wrong Rx For Ailing Institutions, David L. Glazer

Washington Law Review

The Sherman and Clayton antitrust laws have long been used to challenge anticompetitive mergers between for-profit entities. Recently, the federal government began challenging mergers between nonprofit hospitals under the Clayton Act. Two federal circuit courts are divided on whether nonprofit mergers are subject to Clayton Act scrutiny. This Comment examines the statutory interpretations and the policy arguments suggested by the two cases, and concludes that the Clayton Act does not, and should not, apply to nonprofit hospital mergers.

Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach

University of Michigan Journal of Law Reform

Part I of this Article examines the trilogy of recent right-to-die cases and contrasts the results of those cases with recent national opinion polls and statistical surveys of the issue. Part II examines federal and state legislative responses to the debate. It suggests that both the courts and legislatures are out of sync with an emerging national consensus on the death-with- dignity debate. In fact, the federal legislative response may only exacerbate the problem. Instead of creating new rights, it feeds individuals into the existing state network, which is a quagmire of confusing and inequitable statutory provisions. Part III examines …

The Neglected Question Of Congressional Oversight Of Epa: Quis Custodiet Ipsos Custodees (Who Shall Watch The Watchers Themselves), Richard J. Lazarus

Law and Contemporary Problems

No abstract provided.

Mental Health Law And The Courts, Isabel Grant

Osgoode Hall Law Journal

This paper presents an analysis of the early Charter cases dealing with civil commitment and compulsory treatment of individuals under provincial mental health legislation. The author describes two models for dealing with these issues: the paternalistic model and the social control model. She argues that Canadian courts have adopted a paternalistic approach and, as such, have failed to recognize the adversary relationship between the state and the individual which forms the basis of involuntary psychiatry. Courts have thus failed to develop the kinds of procedural protections that are available in the criminal law context. The author proposes that courts making …