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The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford Apr 2000

The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford

Washington Law Review

Article I, Section 11, of the Washington Constitution, titled "Religious Freedom," provides more protection for free exercise of religion and the separation of church and state than the First Amendment to the U.S. Constitution. Because the state constitution provides broader protection for each right, a natural tension arises between the two rights. However, rather than relying on the text of the state constitution, the Supreme Court of Washington has imposed an entirely federal analysis on free exercise cases brought under Washington law. In addition, the establishment cases under Article I, Section 11, have inconsistently interpreted the language of the state …


Site Visit To Detroit — Henry Ford Health System, Lisa Sprague Mar 2000

Site Visit To Detroit — Henry Ford Health System, Lisa Sprague

National Health Policy Forum

This event was one in a series of three site visits leading to an April 27–28, 2000, conference in Annapolis, Maryland, on hospital-based health care systems in transition after the enactment of the Balanced Budget Act of 1997 (BBA) and the Medicare, Medicaid, SCHIP Balanced Budget Refinement Act of 1999 (BBRA). The site visit explored the responses of a large integrated system, the Henry Ford Health System, to the BBA and how the BBA has interacted with other changes in the system's local market and state Medicaid program. Panel presentations highlighted financing and information systems, the integration of diversified services, …


Site Visit To Richmond And Hampton Roads — Bon Secours Health System, Inc., Nora Super Mar 2000

Site Visit To Richmond And Hampton Roads — Bon Secours Health System, Inc., Nora Super

National Health Policy Forum

The first in a series of three site visits leading to an April 27–28, 2000, conference in Annapolis, Maryland, on hospital-based health care systems in transition after the enactment of the Balanced Budget Act of 1997 (BBA) and the Medicare, Medicaid, SCHIP Balanced Budget Refinement Act of 1999 (BBRA). The site visit was designed to better understand how changing payment incentives — particularly the move to prospective payment systems for postacute services — has affected the ability to implement a continuum of care across delivery sites. It examined the Bon Secours Health System's operations in Virginia, which include four hospitals …


An Oklahoma Perspective: End Of Life Decision-Making And Termination Of Treatment, Teresa Meinders Burkett, Samantha Weyrauch Mar 2000

An Oklahoma Perspective: End Of Life Decision-Making And Termination Of Treatment, Teresa Meinders Burkett, Samantha Weyrauch

Tulsa Law Review

No abstract provided.


Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 2000

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University Jan 2000

School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy Jan 2000

A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy

Annals of Health Law and Life Sciences

Dr. Eddy inquires, through a detailed analysis of relevant statutory provisions, whether it is likely that the HIPAA legislation or the Standards for Privacy of Individually Identifiable Health Information Regulations (SPIIHI) proposed by HHS will efficiently and cost effectively defend the privacy issues they were intended to safeguard. His paper critically analyzes the extremely broad and expensive course of action and tactics HHS has chosen to employ in this effort to determine whether HHS' proposal is an efficient use of health care dollars. To introduce his analysis, Dr. Eddy addresses the general concept of medical privacy and attempts to define …


Quality Of Care And Quality Of Life In Nursing Facilities: What's Regulation Got To Do With It, Marshall B. Kapp Jan 2000

Quality Of Care And Quality Of Life In Nursing Facilities: What's Regulation Got To Do With It, Marshall B. Kapp

McGeorge Law Review

No abstract provided.


Editorial Views: Choosing And Death, Alison Mcchrystal Barnes Jan 2000

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Faculty Publications

No abstract provided.


The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek Jan 2000

The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek

Fordham Urban Law Journal

This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.


The Reawakening Of Marriage, Raymond C. O'Brien Jan 2000

The Reawakening Of Marriage, Raymond C. O'Brien

Scholarly Articles

This Article contends that the convergent societal pressures from the same-sex marriage debate, the effect of the welfare legislation to define family, and the allowance of greater religious involvement in marriage preparation and divorce will precipitate a reawakening of marriage. The emergence of covenant marriage, the public debate over no-fault divorce, the resurgence of fault grounds, and Florida's enactment of its Marriage Preparation and Preservation Act are ramifications of this reawakening. Public concern over the frequency of divorce and the resulting adverse consequences for children and adults, indicate a change in attitude concerning marriage, divorce and family. Covenant marriage is …


Department Of Corporations, Kelly Ann Debie Jan 2000

Department Of Corporations, Kelly Ann Debie

California Regulatory Law Reporter

No abstract provided.


Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider Jan 2000

Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider

Book Chapters

Throughout most of American history no one would have supposed biomedical policy could or should be made through constitutional adjudication. No one would have thought that the Constitution spoke to biomedical issues, that those issues were questions of federal policy, or that judges were competent to handle them. Today, however, the resurgence of substantive due process has swollen the scope of the Fourteenth Amendment, the distinction between federal and state spheres is tattered, and few statutes escape judicial vetting. Furthermore, Abraham Lincoln's wish that the Constitution should "become the political religion of the nation" has been granted. "We now reverently …


The Road To Glucksberg, Carl E. Scheider Jan 2000

The Road To Glucksberg, Carl E. Scheider

Book Chapters

No abstract provided.


Breaking Through The Silence: Minnesota's Pregnancy Presumption And The Right To Refuse Medical Treatment, Amy Lynn Jerdee Jan 2000

Breaking Through The Silence: Minnesota's Pregnancy Presumption And The Right To Refuse Medical Treatment, Amy Lynn Jerdee

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

No abstract provided.


How Health Care Attorneys Can Discern Vernon, Successor Liability And Settlement Issues, Greg Radinsky Jan 2000

How Health Care Attorneys Can Discern Vernon, Successor Liability And Settlement Issues, Greg Radinsky

Saint Louis University Law Journal

No abstract provided.


The Pain Relief Promotion Act Of 1999: Whose Pain Does It Relieve?, Beth A. Diehold Jan 2000

The Pain Relief Promotion Act Of 1999: Whose Pain Does It Relieve?, Beth A. Diehold

Loyola Consumer Law Review

No abstract provided.


Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday Jan 2000

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …


Board Of Pharmacy, Jenny K. Li Jan 2000

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.


On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar Jan 2000

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


A Comparative Analysis Of Anti-Trafficking Intervention Approaches In Nepal, Catrin Evans, Pankaja Bhattarai, Celine Daly, Vaishali Sharma Mahendra, Nick Langton Jan 2000

A Comparative Analysis Of Anti-Trafficking Intervention Approaches In Nepal, Catrin Evans, Pankaja Bhattarai, Celine Daly, Vaishali Sharma Mahendra, Nick Langton

Poverty, Gender, and Youth

This report on current intervention models is part of a larger research study entitled “Intervention Needs for the Prevention of Trafficking and the Care and Support of Trafficked Persons in the Context of an Emerging HIV/AIDS Epidemic in Nepal.” The United States Agency for International Development supported this comprehensive study under the Population Council’s Horizons Program. The Population Council subcontracted the Asia Foundation in Kathmandu to conduct the research. This report documents and analyzes current intervention models for the prevention of trafficking and the care and support of trafficked persons in Nepal. Between August and September 2000, two researchers interviewed …


The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii Jan 2000

The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Section 4507 And The Importance Of Private Contracts, Thomas W. Greeson, Heather L. Gunas Jan 2000

Section 4507 And The Importance Of Private Contracts, Thomas W. Greeson, Heather L. Gunas

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The First Fifty Years: Health Law's Greatest Hit, Thomas Wm. Mayo Jan 2000

The First Fifty Years: Health Law's Greatest Hit, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

In honor of the Syracuse Law Review's 50th Anniversary, this article considers various developments in health law and concludes that the passage of the Medicare amendments to the Social Security Act has had the most significant impact on the field. The article discusses the impact of Medicare on the culture of hospitals and their medical staffs, on the development and dissemination of new technologies, and on restructuring and reforming the industry in key areas, including fraud and abuse, patient dumping, organ donation, advance directives, patients' rights, and other agencies' regulation of health care providers.


Health Care Law, Thomas Wm. Mayo Jan 2000

Health Care Law, Thomas Wm. Mayo

SMU Law Review

No abstract provided.


The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie Jan 2000

The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …


Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga Jan 2000

Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga

Law Faculty Publications

We have the technology. What is needed is government financial commitment, so argues Kristen Jakobsen in the following discussion of "telemedicine." The term refers to the delivery of health care services by means of modern telecommunications technology. According to Ms. Jakobsen, the telephone, the fax machine, the Internet, and interactive audio-visual transmissions hold the key to making medical care more accessible and less expensive. Potential beneficiaries include vast populations of elderly in rural areas, who tend to be remote from upscale health care facilities and in need of the wherewithal to reach them. Standing in the way, in Ms. Jakobsen's …


The Reawakening Of Marriage, Raymond C. O'Brien Dec 1999

The Reawakening Of Marriage, Raymond C. O'Brien

West Virginia Law Review

No abstract provided.


The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee Nov 1999

The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee

National Health Policy Forum

An introduction to a Forum series on biomedical research policy issues, this paper provides background on the organization and structure of both public and private research entities. It outlines the federal components, from the National Institutes of Health (NIH) to the Department of Veterans Affairs. It also looks at the rapid growth in pharmaceutical, biotechnology, and medical device research and development and the varying responses from managed care plans, practice-based research networks, and contract research organizations. After laying out various tensions in the field, such as competition among disease-oriented advocates, alignment of different priorities, allocation of dollars between basic and …


The Nursing Center In Concept And Practice: Delivery And Financing Issues In Serving Vulnerable People, Karen Matherlee Sep 1999

The Nursing Center In Concept And Practice: Delivery And Financing Issues In Serving Vulnerable People, Karen Matherlee

National Health Policy Forum

This issue brief looks at ways in which nurse-managed centers — with support from the Health Resources and Services Administration and private foundations — are carving a role in providing preventive and primary care to vulnerable populations. Two case studies — one in Philadelphia and the other in the Utah-Nevada border area — llustrate nursing centers' mission, outreach, services, workforce, payment concerns, and educational tie-ins.