Law Commons^™

Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier

Charles H. Baron

No abstract provided.

Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour

Dean M. Hashimoto

Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.

Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …

The Future Of Public Health: What Will It Take To Keep Americans Healthy And Safe?, Robert Field

Robert I. Field

No abstract provided.

Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

Panelist: Are We Meeting The Needs Of Adolescent Girls?, Francine Sherman

Francine T. Sherman

No abstract provided.

Study Of Canadian Health Policy Research Centres: Final Report, Michele L. Mekel, Samuel Shortt

Michele L Mekel

With today’s escalating demands for accountability, Canada’s academic-linked health policy centres are feeling pressure from key funders to prove their effectiveness. At the same time, their contributions through applied health services and policy research and knowledge-transfer activities have become increasingly critical to health policy development and decision making.

To assist in easing the tension, this study identifies key operational success strategies so individual centres can adopt those that are most suited to their particular structural model. Furthermore, this study documents the challenges shared by centres so that they can jointly develop tools and solutions. Utilizing the findings in these ways, …

Women In Prison In Massachusetts: Maintaining Family Connections, Francine Sherman

Francine T. Sherman

No abstract provided.

A Separate Crime Of Reckless Sex, Katharine K. Baker

Katharine K. Baker

This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …

Beyond Personhood: Abortion, Child Abuse And Equal Protection, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard

Jennifer Bard

The author argues that the problem of adjudicating the mentally ill who commit crimes is too large a societal issue to be resolved by refining the insanity defense. Since this is a threat to the public's health, it is fair to describe the current situation as a public health crisis. First, by not providing adequate mental health resources we create conditions in which people with mental illness find themselves in situations where due to their illness they have the opportunity to commit criminal acts which are causally related to the impairment of their thought process. Second, when people with mental …

Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman

Francine T. Sherman

This report is part of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) Pathways to Detention Reform Series. It describes the urgent need for juvenile justice systems to focus on their female populations and presents an overview of the pathways girls take into detention in the United States with a focus on justice system policies and practices that lead to unnecessary and disproportionate detention of girls. It then identifies promising policies, practices, and gender-responsive approaches drawn from JDAI sites, which can reduce girls’ detention and improve their outcomes. The report concludes with systemic strategies to eliminate gender bias …

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Ray D. Madoff

What is the role of autonomy in end-of-life decision making? As a law professor specializing in this field I thought I knew the answer. As a family member facing end-of-life decisions of a loved one, I learned firsthand of the gulf between law and life.