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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Faculty Publications
Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Faculty Publications
This article reviews the essential findings of studies of variations in quality of care according to three categories of care: effective care, preference-sensitive care, and supply-sensitive care. It argues that malpractice liability and informed consent laws should be based on standards of practice that are appropriate to each category of care. In the case of effective care, the legal standard should be that virtually all of those in need should receive the treatment, whether or not it is currently customary to provide it. In the case of preference-sensitive care, the law should recognize the failure of the doctrine of informed …
"Do You Have Any Books On..." An Examination Of Public Library Holdings, Cynthia Bassett, John M. Budd
"Do You Have Any Books On..." An Examination Of Public Library Holdings, Cynthia Bassett, John M. Budd
Faculty Publications
Public librarians have long debated the question of whether quality or popularity should drive collection decisions. A survey of the selected holdings of twenty medium-sized public libraries indicates that both quality and popularity may be determining factors in whether to acquire particular titles. Furthermore, the study suggests that the existence and content of reviews may also influence the likelihood of libraries to select particular titles, as may the selectors' perception of the diversity of their community.
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Faculty Publications
Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
Faculty Publications
The opening phrase of the First Amendment to the U.S. Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The free exercise clause functions as an individual right with its purpose being to forestall personal religious harm. Its underlying principle is that in religious matters a person ought to be free of coercion caused by the government and thereby not made to suffer for cause of conscience. The function of the establishment clause is altogether different, for its purpose is to restrain government from using its powers to act on matters …
The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.
The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.
Faculty Publications
This article explores the policy issues raised by the choice between a custom-based standard of care and a jury-determined reasonability standard. The author examines not only traditional legal arguments but also the recent findings of cognitive psychology, jury performance studies, and health industry research. Not surprisingly, this analysis reveals that both options are imperfect. However, the author cautiously recommends the reasonable physician standard. The revolutionary transformation of the health care industry in last quarter of a century has transferred considerable power from physicians to the health insurance industry, an industry that has not yet earned the privilege of self-regulation. Unlike …
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Faculty Publications
First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
Faculty Publications
On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
Faculty Publications
For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks-and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are sorted out.
The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams
The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams
Faculty Publications
Youth sports today brings both good and bad news. The good news is that organized sports programs enhance the vitality of communities large and small because twenty-five to thirty million children, nearly half of all American youngsters, join at least one program in any given year. At some time during their childhood and adolescence, nearly all children have some experience with organized sports. Outside the home and schools, no other activity reaches so many children from coast to coast.