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Articles 151 - 172 of 172
Full-Text Articles in Law
In Pursuit Of Health, Richard C. Reuben
In Pursuit Of Health, Richard C. Reuben
Faculty Publications
Managed-care advocates praise its cost controls on treatments for beginning to tame the health care beast, which devoured nearly 14 percent of the nation's gross domestic product in 1994, according to the U.S. Department of Health and. Human Services. Such belt-tightening is necessary to allocate health care dollars rationally, advocates contend, pointing to direct patient costs as proof that a healthy balance has been achieved. But critics contend that managed care is more about making money than saving it. Even though costs have gone down, they argue, premiums have remained high and corporate profits have soared. More significantly, they charge …
The Authority Of A Guardian To Commit An Adult Ward, David M. English
The Authority Of A Guardian To Commit An Adult Ward, David M. English
Faculty Publications
Placement in a mental health facility may be made through either a voluntary or involuntary commitment. Involuntary commitment usually requires a number of protective safeguards, including a court hearing, the appointment of counsel, and the meeting of a statutory criterion such as danger to self or others. Voluntary commitment is much more informal, with a written application and clinical assessment being all that is normally required. Most voluntary commitments are made upon application.of a patient who has the ability to give informed consent. But in a substantial number of states an individual also may be committed by his or her …
Survey Results: Use Of Durable Powers, David M. English
Survey Results: Use Of Durable Powers, David M. English
Faculty Publications
The use of durable powers of attorney (DPA) has developed rapidly over the last decade. This growth reflects the public's desire for a simple and effective method of planning for possible incapacity. Although there are other planning tools, individuals frequently prefer the DPA. It is more comprehensive and provides greater certainty of result than does a joint bank account. A DPA is much easier to create than a revocable trust. By using a DPA, one can avoid an intrusive and possibly cumbersome guardianship or conservatorship proceeding.
Comment On The L, Susan Grover
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Faculty Publications
This article argues that employers are not shielded from liability under the ADA if they rely upon the advice of a doctor in making an adverse employment decision.
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.
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Faculty Publications
Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan
Faculty Publications
This article examines preventive outpatient commitment, which targets those not ill or dangerous enough to be committed to inpatient facilities under state commitment laws. After discussing the history and design of the NC scheme, it explores constitutional and practical difficulties. Ultimately, it argues that individualized case management through local mental health clinics is the more effective and humane way of serving the interests of both the individual and the state.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …
A Rejoinder, Larry I. Palmer
Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English
Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English
Faculty Publications
At its 1992 Midyear Meeting, the ABA House of Delegates approved a resolution recommending that individual lawyers and the organized bar play an active role in efforts to relieve the current shortage of donated organs and tissue. When fully implemented, these efforts will involve not only lawyers, but also their clients, health care professionals and the general public. The resolution's most ambitious goal is to make organ and tissue donation part of everyday law practice. Lawyers, as a matter of course, should raise the subject of organ and tissue donation when counselling clients on personal planning. But to educate their …
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
Checklist For Long-Term Care Coverage, David M. English
Checklist For Long-Term Care Coverage, David M. English
Faculty Publications
Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy.
Defining The Right To Die, David M. English
Defining The Right To Die, David M. English
Faculty Publications
Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
Faculty Publications
This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.
The Upc And The New Durable Powers, David M. English
The Upc And The New Durable Powers, David M. English
Faculty Publications
This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
Faculty Publications
While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Faculty Publications
Comment on Daniel Callahan's "Setting Limits."
Legal Problems In Organ Transplants, Jerome F. Leavell
Legal Problems In Organ Transplants, Jerome F. Leavell
Faculty Publications
No abstract provided.