Law Commons^™

Treating Crazy People Less Specially, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney

All Faculty Scholarship

This article, written at the dawn of the era of "competitive reform" in health care examines the case and prospects for the introduction of competition in health care delivery and financing. It observes the failures of the ancienne regime of fee for service payment and professional sovereignty and discusses the benefits of market-oriented policy. Its contribution, still salient today, is the lesson that competition cannot succeed without regulation. It identifies legislative, professional, and cultural hurdles to effective implementation of competitive norms and policies that have impeded the success of competition policy in health care.

Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George

All Faculty Scholarship

No abstract provided.

The Legal Status Of The Embryo, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

The Death-Prolonging Procedures Act And Refusal Of Treatment In Missouri, Sandra H. Johnson

All Faculty Scholarship

Missouri’s Death-Prolonging Procedures Act of 1985 represents an effort to ensure that an individual’s choices regarding medical treatment will be honored, even if the individual becomes incompetent. This article considers the Act’s limiting structure and examines the effect of these limits on the effectiveness of the Act in providing a legal right to refuse medical treatment.

Following an introduction, Part II describes the limiting structure of the Act. Part III considers the way in which the Act’s limitations relate to its binding effect.

First, an individual’s declaration applies only to "death-prolonging procedures" and only if the individual is terminally ill. …

State Regulation Of Long-Term Care: A Decade Of Experience With Intermediate Sanctions, Sandra H. Johnson

All Faculty Scholarship

The use of intermediate sanctions to enforce nursing home regulations marks a revolutionary and innovative legislative step to achieve, in addition to punishment, also rehabilitation and deterrence goals. This article evaluates the implementation of intermediate sanctions by the states, highlighting the ways in which similarities and differences in state statutes impacts effective implementation.

The article begins by considering legal challenges to state intermediate sanctions, including a constitutional challenge to the power of states to specify general standards for nursing homes and a notice challenge in light of statutory vagueness.

Next the article considers specific intermediate sanctions and makes recommendations to …

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Nursing Home Receiverships: Design And Implementation, Sandra H. Johnson

All Faculty Scholarship

The enforcement of legal standards governing nursing home care and safety involves complex determinations due to the precarious conditions of most residents and the vast shortage of nursing home beds. This is particularly true when residents must be transferred. This article advocates the interim measure of statutory nursing home receiverships to protect the health and safety of residents and the nursing home property while determinations regarding sanctions or compliance are being made.

Section II examines the statutory receivership provisions of four states and explains why such an approach is best suited for the effective enforcement of standards while also protecting …

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.