Digital Commons Network^™

The Myth Of Autonomy At The End-Of-Life: Questioning The Paradigm Of Rights, Susan Adler Channick

Villanova Law Review (1956 - )

No abstract provided.

Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory

Fordham Urban Law Journal

This Article focuses on Dorothy Day, the famous Catholic social activist, and the Catholic Worker, the newspaper she co-founded in 1933. Specifically, it focuses the 1949 strike by Catholic workers at Calvary Cemetery in Queens, New York City's largest Catholic cemetery. It further examines and the relationships between Day, who supported the strike, and then-Archbishop of New York Francis Spellman, who opposed it. The Article moves beyond this specific incident and examines the example Day and the Catholic Worker provided for people of all faiths, specifically Catholics and their relationship with their Bishop. Finally, the Article seeks to apply the …

Efficiency Of Managed Care Patient Protection Laws: Incomplete Contracts, Bounded Rationality, And Market Failure, Russell Korobkin

Cornell Law Review

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Journal of Criminal Law and Criminology

No abstract provided.

Changing The Face Of Death: Amendments To The Florida Statutes, Jennifer Pender

Nova Law Review

No abstract provided.

The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof

Journal of Law and Health

This Article examines several aspects of the medical and legal debate on physician-assisted suicide. Part I describes the Oregon Death with Dignity Act, the only existing American law legalizing physician assisted suicide. Understanding the provisions of the DWDA provides a concrete, practical framework for discussing the medical and constitutional issues central to the PAS debate. Part II considers the wisdom of the DWDA in light of current medical knowledge and practice. The law allows a patient, with only a few months to live, a human end to intolerable suffering under controlled conditions. It is carefully crafted to ensure that patient …

The Future Of Death Futures: Why Viatical Settlements Must Be Classified As Securities, Miriam R. Albert

Hofstra Law Faculty Scholarship

Viatical settlements are a form of asset-backed security where a terminally-ill policyholder, known as a viator, sells the right to receive the proceeds of his or her life insurance policy to an investor. During his or her lifetime, the policyholder is paid an estimation of the present value of the death benefits under the policy. Viatical settlements are legal and serve a benevolent purpose. However, beyond the altruism of providing funds to the terminally ill, and the legalities of simply selling the right to receive life insurance proceeds to someone other than the insured, viatical settlements pose other legal and …

Why Did Voters Reject Michigan's Physician-Assisted Suicide Initiative?, Yale Kamisar

Articles

In November 1997, when Oregon voters reaffirmed their support for doctor-assisted suicide, some commentators called it a turning point for the "right to die" movement. But the lopsided defeat of a similar proposal in Michigan is a better barometer: in general, assisted suicide continues to fare badly in the political arena.

Physician-Assisted Suicide: State Legislation Teetering At The Pinnacle Of A Slippery Slope, Eunice Park

William & Mary Bill of Rights Journal

Physician-assisted suicide has become the subject of a hotly contested legal and political debate, both in the United States and abroad. In 1997, the United States Supreme Court rendered two decisions concerning physician-assisted suicide, and two states recently enacted legislation on this issue: Oregon in 1997 and Virginia in 1998. Nevertheless, the legality of physician-assisted suicide remains unclear as doctors, pharmacists, legal commentators, and a growing segment of the general population continue to argue over the line between "letting die" and "killing." This Note analyzes both the constitutional and political aspects of the right-to-die debate, focusing primarily on the political …

The Opinion Volume 50 Issue 7 – October 26, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1998

Vol. 15, No. 08 (October 19, 1998)

Indiana Law Annotated

No abstract provided.

Fritz B. Burns Lecture: Euthanasia, Morality And The Law—Article

Loyola of Los Angeles Law Review

No abstract provided.

Aids, Medicaid, And Women, Laurence Lavin

Duke Journal of Gender Law & Policy

No abstract provided.

Health Care Quality: From Data To Accountability, Mary Darby

National Health Policy Forum

This paper discussed the evolution of quality measurement and reporting activities as well as efforts to develop accountability for delivering high-quality care. It examined (a) initiatives in the professional arena, such as accreditation and performance measurement by independent accrediting bodies; (b) activities of market proponents, who have preferred to concentrate on making data available to purchasers and consumers that would enable them to choose high- quality plans and providers; and (c) attempts by the public sector to secure quality through regulation and oversight. An exploration of the successes, limitations, overlaps, and gaps in quality assurance initiatives, the paper was published …

Is Hiv "Extraordinary"?, Jordan B. Hansell

Michigan Law Review

The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …

Premarital Settlements: Till Death Do Us Part - Defining The Enforceability Of The Uniform Premarital Agreement Act In North Dakota, Jane Aune Deach

North Dakota Law Review

No abstract provided.

Bibliography On Physician-Assisted Suicide

Cornell Journal of Law and Public Policy

No abstract provided.

Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer

Cornell Journal of Law and Public Policy

No abstract provided.

Victorelli V. Shadyside Hospital - Chronic Serious Health Conditions Covered By The Family Medical Leave Act Of 1993 Create Administrative Headaches For Employers, Debra E. Christenson

Villanova Law Review (1956 - )

No abstract provided.

Announced To Trounced: A Journalist's Comments On The Demise Of The Tobacco Settlement, Adam S. Levy

Journal of Health Care Law and Policy

No abstract provided.

Justice Blackmun And The Good Physician: Patients, Populations, And The Paradox Of Medicine, Ann Alpers

UC Law Constitutional Quarterly

Justice Blackmun made unique contributions to law and medicine. In particular, he had a vision of the relationship between doctors and patients that respected both the professional integrity of the physician and the autonomy of the patient. Examination of several of Justice Blackmun's opinions yields a nuanced view of the complex ties between professional care givers and the patients whom they serve. In particular, the Justice valued maintaining the confidentiality of medical information, respecting the role played by allied health professionals in providing comprehensive care to patients, and ensuring that patients gave informed consent to medical care. Most important, Justice …

A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert

Journal of Law and Health

This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …

Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller

Journal of Health Care Law and Policy

No abstract provided.

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves

Journal of Health Care Law and Policy

No abstract provided.

Notre Dame Lawyer - Fall/Winter 1998, Notre Dame Law School

Notre Dame Lawyer

A Different Kind of Ethics-Lawyers as Healers and Peacemakers

Practical Ethics
The Ethics of the Death Penalty
The Center for Civil and Human Rights-Ethics on a Global Scale
Legal Research and Ethics
Social Justice and Professional Responsibility
Clinical Ethics-Ethics in the Law-Office Setting
Encouraging a Higher Standard

Healing and Peacemaking: Alternative Methods of Dispute Resolution

After Hours: With My Dad by Deborah Bauer

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

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

No abstract provided.

The Future Of Euthanasia And Physician-Assisted Suicide: Beyond Rights Talk To Informed Public Policy, Ezekiel J. Emanuel

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

No abstract provided.

The Death With Dignity Movement: Protecting Rights And Expanding Options After Glucksberg And Quill, Kathryn L. Tucker

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

No abstract provided.