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Articles 1321 - 1350 of 1572
Full-Text Articles in Entire DC Network
Third Party Liability Or The False Claims Act: It Is Time For Consultants To Pay The Price For Their Bad Advice, 29 J. Marshall L. Rev. 923 (1996), Neal A. Cooper
UIC Law Review
No abstract provided.
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
UIC Law Review
No abstract provided.
Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon
Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon
Fordham Urban Law Journal
Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient's ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: first, autonomy is rooted in western ideals of self-governance and political freedom; second, the article discusses how this idea has been developed in American courts. In Part II, the author draws on anecdotal and empirical evidence to demonstrate that autonomy …
Medicare Managed Care From The Beneficiary's Perspective, Eleanor D. Kinney
Medicare Managed Care From The Beneficiary's Perspective, Eleanor D. Kinney
Seton Hall Law Review
No abstract provided.
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
Articles, Book Chapters, & Popular Press
Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Faculty Publications
No abstract provided.
Medicare Hmos: A Consumer Perspective, Carol S. Jimenez
Medicare Hmos: A Consumer Perspective, Carol S. Jimenez
Seton Hall Law Review
No abstract provided.
Dispersion Requirements For The Siting Of Group Homes: Reconciling New York's Padavan Law With The Fair Housing Amendments Act Of 1988, Kevin J. Zanner
Dispersion Requirements For The Siting Of Group Homes: Reconciling New York's Padavan Law With The Fair Housing Amendments Act Of 1988, Kevin J. Zanner
Buffalo Law Review
No abstract provided.
Autonomy And Death, Annette E. Clark
Autonomy And Death, Annette E. Clark
Faculty Articles
In this article, Professor Clark explores the contours of the current debate over physician-assisted death. She begins by focusing on the legal issues raised by statutory attempts to either legalize or criminalize physician-assisted death, with particular emphasis on the constitutional questions that are currently before the United States Supreme Court. She then examines physician-assisted death from both medical and societal perspectives. Professor Clark uses a thought experiment in which assisted death is facilitated by persons other than physicians, and in doing so, questions whether physicians are the proper persons in whom to wrest power over assisted death. She points out …
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
Faculty Scholarship
The debate over physician-assisted suicide has dramatically shifted to a discussion of constitutional issues. This spring, within a month of each other, U.S. Circuit Courts of Appeals on both coasts ruled that state prohibitions of assisted suicide are unconstitutional when applied to physicians who prescribe lethal medication for terminally ill, competent adults who wish to end their lives. The Ninth Circuit includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, and the Second Circuit includes New York, Connecticut, and Vermont. Both courts reached the same conclusion but for different legal reasons.
Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier
Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier
University of Richmond Law Review
One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system's attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of …
Deciding For Others: New York Law And The Rights Of Incompetent Persons To Withhold Or Withdraw Life-Sustaining Medical Treatment, Marina Martino
Deciding For Others: New York Law And The Rights Of Incompetent Persons To Withhold Or Withdraw Life-Sustaining Medical Treatment, Marina Martino
NYLS Law Review
No abstract provided.
Section 1115 Medicaid Waivers: Critiquing The State Applications, Vernellia Randall, Sally Giess, Gabrielle Boller, Cornelia Tinkler, Shalonda Bayless, Andrew Romero, Stacey Henry, Charles Whipple
Section 1115 Medicaid Waivers: Critiquing The State Applications, Vernellia Randall, Sally Giess, Gabrielle Boller, Cornelia Tinkler, Shalonda Bayless, Andrew Romero, Stacey Henry, Charles Whipple
Seton Hall Law Review
No abstract provided.
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
University of Richmond Law Review
Over the past two decades, both professional and lay opinion have shown a markedly favorable shift toward the legalization of euthanasia and physician-assisted suicide (PAS). Yet the translation of that support into legislation has come more slowly. Only in 1994, after the failure in some states to enact legislation and the defeat of ballot initiatives in California in 1991 and Washington in 1992, did an initiative finally succeed in Oregon. Although a court injunction has prevented it from taking effect, the fact of its passage marks an historical milestone. Among Western countries, euthanasia and PAS are legally available only in …
Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning
Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning
University of Florida Journal of Law & Public Policy
No abstract provided.
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Journal Articles
Consider the way we American lawyers learn about the relationship between the church and the law: This grand constitutional and legal order we propose to serve is unfolded before us and built up in our minds and hearts; it comes to us out of multi-volume sets of course books, and, like the gods of Canaan, it comes to us as religious: Thomas Jefferson said America was God's New Israel; David Hoffman, the grandfather of legal ethics in America, spoke of the law as a temple and of us lawyers as priests who served in the temple; Law Day speakers commonly …
Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler
Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler
Journal of Dispute Resolution
This article will examine the problem of making medical decisions for those who cannot decide for themselves. Current models of decision making will be examined as well as various proposals for alternative dispute resolution. A proposed New York model will be examined in detail. As America enters the twenty-first century, it is imperative that its citizens formulate mechanisms of dispute resolution that protect the rights of the incompetent patients to dignity and autonomy when such persons are seriously ill and unable to decide for themselves. Alternative forms of dispute resolution may be superior to judicial intervention in meeting the needs …
Newsletter - 1995-12-28, E. De La Garza
Newsletter - 1995-12-28, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Board Of Pharmacy, J. Nguyen
Board Of Pharmacy, C. Putnam
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
University of Michigan Journal of Law Reform
Direct democracy, the political process that enables citizens to draft, circulate, and enact laws, has become the refuge for grassroots organizations seeking statutory validation in a legislative arena perceived to be unresponsive or unfriendly to their concerns. One group of citizens, advocates for physician-aid-in-dying, has recently emerged on the national scene, sponsoring state ballot initiatives in three states and pledging to continue their quest for legalization of physician-assisted death throughout the country. In this Article, Professor Daar examines the interplay between direct democracy and regulation of end-of-life decision making. This examination reveals that lawmaking by initiative, as seen through the …
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Oregon Law Institute, 1995
Course Materials from the May 12, 1995 Program in Portland
Comment, The Debate Surrounding Viatical Settlements, Margo L. Intrator
Comment, The Debate Surrounding Viatical Settlements, Margo L. Intrator
University of Miami Business Law Review
No abstract provided.
The Forum (Volume 25, Number 6), Valparaiso University School Of Law
The Forum (Volume 25, Number 6), Valparaiso University School Of Law
Valparaiso Law School Forum
No abstract provided.
Michigan's Deadlocked Commission On Death And Dying: A Lesson In Politics And Legalism, Joseph Ellin
Michigan's Deadlocked Commission On Death And Dying: A Lesson In Politics And Legalism, Joseph Ellin
Center for the Study of Ethics in Society Papers
Based on a presentation made to the WMU Center for the Study of Ethics in Society - September 21, 1994.
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Scholarly Articles
Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …
State Discretion In Funding Own Transplants Under The Medicaid Program: Interpretive Guidelines In Determining The Scope Of Mandated Coverage, C.David Flower
State Discretion In Funding Own Transplants Under The Medicaid Program: Interpretive Guidelines In Determining The Scope Of Mandated Coverage, C.David Flower
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Board Of Pharmacy, C. Putnam