Digital Commons Network^™

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

UIC Law Review

No abstract provided.

Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser

Kentucky Law Journal

No abstract provided.

Theresa F. Thompson V. Community Nursing Services : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM A SUMMARY JUDGMENT ENTERED IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH, BY J. DENNIS FREDERICK, DISTRICT JUDGE

The Health Care Proxy And The Narrative Of Death, Steven I. Friedland

Journal of Law and Health

This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …

Family Leave Legislation: Ensuring Both Job Security And Family Values, Amy Olsen

Santa Clara Law Review

No abstract provided.

Theresa F. Thompson V. Community Nursing Service & Hospice : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Thompson V. Community Nursing Servie : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Practical Implications For Health Care Providers In A Physician-Assisted Suicide Environment, Donald E. Spencer, Ed.D.

Seattle University Law Review

In this Article, I present key practical implications that the attorney and health care providers need to consider. I also present implications for public policy. I do not take a stand in the Article for or against physician-assisted suicide, either morally, ethically, or legally. Other articles in this Review and numerous other professional publications do. Instead, this Article begins the discussion of procedures for health care providers in an environment of legal physician-assisted suicide. An attorney who advises legal review of proposed procedures for handling physician-assisted suicide requests will serve the health care provider well. The procedures must meet the …

Healthcare Law, Larry A. Maxwell Max

SMU Law Review

No abstract provided.

Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar

Articles

Professor Robert Sedler is a leading constitutional law professor and a well-known civil liberties lawyer. I think he is right about many things. To cite but one example, I think he was right when he led the ACLU's successful legal attack on certain University of Michigan restrictions on "hate speech."' But I cannot agree with him about physician-assisted suicide, no matter how narrowly he frames the issue.2

Preface, Annette E. Clark

Seattle University Law Review

On November 18, 1994, the Seattle University School of Law and the Seattle University Law Review proudly sponsored A Symposium on the Legal, Medical, Ethical, and Societal Issues Surrounding Physician-Assisted Death. This Symposium was notable not only for its timely subject matter, but also because it was the first of our annual symposia to be held under the auspices of our new parent institution, Seattle University. From the earliest planning stages, the Seattle University administration and academic community exhibited remarkable support and enthusiasm for this endeavor. The Symposium and this issue thus mark the beginning of what promises to be …

Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman

Seattle University Law Review

This Article presents the argument that the Fourteenth Amendment protects the individual decision to hasten death with physician-prescribed medication and that statutes prohibiting physician-assisted suicide deny equal protection, guaranteed by the Fourteenth Amendment, to competent, terminally-ill adults who are not on life support.

Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson

Seattle University Law Review

From a constitutional standpoint, the decision by Judge Rothstein is more significant than the Oregon initiative because her reasoning calls into question statutes against assisted suicide that are currently in effect in most American states and are part of traditional Anglo-American law. Her ruling goes far beyond the Oregon initiative (now the Death With Dignity Act), which created a narrow statutory exception in the law against assisted suicide. It establishes a broad, new constitutional right that will restrict legislative efforts to address this controversial social issue. The decision was unprecedented; no prior court had limited a state's authority to outlaw …

Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.

Seattle University Law Review

The November 8, 1994 passage of Oregon's Measure 16, which permits physicians to comply with the request of a competent adult patient with less than six months to live for a prescription for lethal drugs, has intensified the debate over the legalization of physician-assisted suicide following the defeats of similar initiatives in Washington and California. Subsequent legal challenge to Measure 16 and the present preliminary injunction3 has shown that passage and popularity of a public initiative does not ensure its legality. The issue of physician-assisted suicide is most likely headed for the United States Supreme Court. This Article is intended, …

Physician Involvement In Life-Ending Practices, Thomas A. Preston

Seattle University Law Review

This Article explains that we need to acknowledge physicians' widespread involvement in ending patients' lives by a variety of means, from withdrawal of life-sustaining treatment to euthanasia. Our inquiry should move from appearance and professional acceptance of practices to the conditions under which society allows physicians to be involved in ending patients' lives.

Medical Futility Judgments: Discriminating Or Discriminatory?, Giles R. Scofield

Seton Hall Law Review

No abstract provided.

Insurance Risk Classification After Mcgann: Managing Risk Efficiently In The Shadow Of The Ada, Maria O'Brien

Faculty Scholarship

A significant part of the health insurance debate which gripped the country during the first two years of President Clinton's administration focused on the critical shortage of employer-sponsored health insurance for disabled, br high risk, employees. Indeed, President Clinton's promise of universal access in connection with the promotion of his health care plan is apparently designed to ensure that the increasingly popular employer practice of excluding high risk employees becomes obsolete. In the meantime, while the merits of the Clinton plan and its competitors are debated, individuals like John McGann-working and insured--continue to discover that like their health, their insurance …

New York City's Fair Share Criteria And The Courts: An Attempt To Equitably Redistribute The Benefits And Burdens Associated With Municipal Facilities, Richard J. Rogers

NYLS Journal of Human Rights

No abstract provided.

Board Of Optometry, M. Felsen

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, C. Putnam

California Regulatory Law Reporter

No abstract provided.

Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst

Law and Contemporary Problems

The Federal Government relies on private accreditation in lieu of direct public regulation, especially in the fields of health care and education. It is possible that the government hopes to foster pluralism in the regulatory state.

Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost

Law and Contemporary Problems

The economic and political forces driving the program in which health care institutions accredited by the Joint Commission on Accreditations of Healthcare Organizations are deemed to meet Medicare conditions of participation are examined. The Joint Commission should be more rigorous in the application of its accreditation standards and more accountable to the public.

Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney

Law and Contemporary Problems

The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.

Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost

Law and Contemporary Problems

The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.

Volume 18, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Scott Rollwagen, Garth Stevens, Don Urquhart

Associate Production Editor: Kevin Kimmis

Photography: Jamie Stuart

Editorial Assistant: Matt Bernier

Patients' Rights After Health Care Reform: Who Decides What Is Medically Necessary?, Wendy K. Mariner

Faculty Scholarship

President Clinton's Health Security Act entitles individuals not to unlimited health care, but to a package of defined insurance benefits with specific exclusions and limitations. Like virtually all reform proposals, it would limit covered benefits to services that are medically necessary. If health reform is to control costs, not all medically necessary care can be covered. In the absence of a generally accepted definition of medical necessity, many services will not be guaranteed to all patients unless they are explicitly covered in the federal legislation or regulations. Without a federal definition of medical necessity or regulations listing covered services, health …

State Government: The Laboratory For National Health Care Reform, Angelo A. Stio Iii

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Board Of Examiners Of Nursing Home Administrators, J. Eden

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, R. Lucas

California Regulatory Law Reporter

No abstract provided.

4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner

Continuing Legal Education Materials

Materials from the 4th Biennial Employment Law Institute held by UK/CLE in June 1994.