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Articles 1 - 30 of 33
Full-Text Articles in Law
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Hearing On "Impact Of Mental Health Cuts On Homelessness", Senate Committee On Health And Human Services
Hearing On "Impact Of Mental Health Cuts On Homelessness", Senate Committee On Health And Human Services
California Senate
No abstract provided.
Effectiveness Of The Epa's Regulatory Enforcement: The Case Of Industrial Effluent Standards, W. Kip Viscusi, Wesley A. Magat
Effectiveness Of The Epa's Regulatory Enforcement: The Case Of Industrial Effluent Standards, W. Kip Viscusi, Wesley A. Magat
Vanderbilt Law School Faculty Publications
The EPA water pollution regulations-the focus of this study- represent an interesting departure from past patterns of regulatory failure. First, the nature of the regulations-discharge limits-relates directly to the policy objective of controlling pollution, and there is no potential for offsetting behavioral responses. If the pollution standards are binding and enforced, they should improve water quality. Second, the enforcement effort is so extensive that enforcement should affect firms' compliance. In the pulp and paper industry, which we will analyze, the EPA averages roughly one inspection annually per major pollution source. In addition, firms are required to file monthly discharge monitoring …
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Faculty Scholarship
The purpose of this project is to evaluate and compare the values used by medical and law students when dealing with ethical dilemmas in the professional practice of law and medicine. It is assumed that conflict between doctors and lawyers often arises out of the different values that members of each profession apply to similar dilemmas.
The Law And Economics Of Organ Procurement, Keith N. Hylton
The Law And Economics Of Organ Procurement, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the organ procurement system in the U.S. and examines proposals to alleviate the shortage of transplantable organs. The paper's principal conclusions are: (1) Although non-market solutions deserve the highest priority, demand increases fueled by improvements in transplant technology will probably make some market-based solution necessary in the future. (2) Quality deterioration and coercion will not necessarily be worrisome problems under a market-based procurement system.
Health Care Plans And Erisa, Henry H. Perritt Jr.
Health Care Plans And Erisa, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews
Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Awards Committee Meetings; Series I; File 16, Juanita Hunter
Awards Committee Meetings; Series I; File 16, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Awards Committee Meetings; Series I; File 17, Juanita Hunter
Awards Committee Meetings; Series I; File 17, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Council On Legislation & Minority Focus Group; Series Ii; File 32, Juanita Hunter
Council On Legislation & Minority Focus Group; Series Ii; File 32, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Information Ana; Series Ii; File 54, Juanita Hunter
Information Ana; Series Ii; File 54, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Position Statement; Series I; File 114, Juanita Hunter
Position Statement; Series I; File 114, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Summary Nysna Presidency; Series I; File 171, Juanita Hunter
Summary Nysna Presidency; Series I; File 171, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik
Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Women In The Aids Epidemic: A Portrait Of Unmet Needs, Arlene Zarembka, Katherine M. Franke
Women In The Aids Epidemic: A Portrait Of Unmet Needs, Arlene Zarembka, Katherine M. Franke
Faculty Scholarship
While rarely a month goes by that the topic of AIDS escapes discussion in the legal literature, a survey of legal publications reveals that the implications of AIDS for women has received scant treatment by legal commentators. Unfortunately, this neglect is not unique to the legal community, but reflects a larger societal disinterest in women with AIDS.
In fact, this epidemic looks quite different from the perspective of women. The medical, social, and legal needs of women affected by AIDS are in many ways needs that preexisted AIDS, but which have been magnified by the threat and implications of HIV …
Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson
Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson
All Faculty Scholarship
... Mrs. Carolyn Payne, a 21-year-old black resident of Holly Springs, Mississippi, delivered her own baby in the front seat of a truck after the emergency room of the Marshall County Hospital had refused admission.'1
... Ysidro Aguinagas, an 1 1-month-old Hispanic baby, died... after being denied admission to a public hospital in Dimmitt, Texas, despite the fact that the hospital was ... publicly financed. The baby would not be admitted without a $450 deposit.2
... an Hispanic man, conscious and speaking Spanish, arrived at an emergency room at 7 p.m. for treatment of stab wounds suffered in …
The Fear Of Liability And The Use Of Restraints In Nursing Homes, Sandra H. Johnson
The Fear Of Liability And The Use Of Restraints In Nursing Homes, Sandra H. Johnson
All Faculty Scholarship
In nursing homes, restraints are intended to protect residents with mental or physical disabilities from avoidable injuries. However, dangers inherent in the use of restraints on elderly patients - including strangulation, agitation, and unnecessary immobility - weigh strongly against restraints’ protective effects. This article identifies the risk of liability as a factor contributing to the overuse of restraints and argues against such defensive practice on legal, regulatory, and ethical grounds.
The article first considers liability sourced in negligence/malpractice litigation on restraints and highlights the often inflated and unreasonable perception of risk here. An examination of the reported cases involving restraints …
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Law Faculty Articles and Essays
Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, was the INAUGURAL Conference of Cleveland State University's Law & Public Policy Program, an interdisciplinary program of instruction, public service and research sponsored jointly by the Cleveland-Marshall College of Law and the Maxine Goodman Levin College of Urban Affairs. The goal of the Conference was to facilitate an exchange of information and views among representatives of the public and major interests concerned with the growing numbers of persons who either lack health insurance or have inadequate coverage.
The Right To Die: Green Lights And Yellow Lights, Yale Kamisar
The Right To Die: Green Lights And Yellow Lights, Yale Kamisar
Articles
In the long-awaited and much-discussed Nancy Cruzan case, a 5-4 Supreme Court majority ruled that absent "clear and convincing evidence" that a once but no longer competent patient wishes to discontinue her life support (in this instance artificial nutrition and hydration) a state is not constitutionally compelled to terminate that support.
Nancy's situation is tragic. Since suffering severe injuries in 1983, she has been in a persistent vegetative state. Yet medical experts testified that if her feeding tube were not removed she could linger on in her present condition for many years.
But the first thing to keep in mind …
Constitutionalizing The 'Right To Die', Thomas Wm. Mayo
Constitutionalizing The 'Right To Die', Thomas Wm. Mayo
Faculty Journal Articles and Book Chapters
Following the Supreme Court’s unprecedented acceptance of three abortion cases, and for the first time a case involving the withdrawal of life-sustaining medical treatment in the upcoming 1989 Term, this article addresses the so-called right to die. Specifically, as in Cruzan v. Director, Missouri Department of Health, whether the federal constitutional right of privacy extends to decisions, made on behalf of permanently unconscious patients, to have life-sustaining medical treatment discontinued and, if so, whether a state’s interest in the sanctity of life can override the patient’s privacy right? This article argues that on doctrinal as well as policy grounds, no …
Utility Functions That Depend On Health Status: Estimates And Economic Implications, W. Kip Viscusi, William N. Evans
Utility Functions That Depend On Health Status: Estimates And Economic Implications, W. Kip Viscusi, William N. Evans
Vanderbilt Law School Faculty Publications
Taylor's series and logarithmic estimates of health state-dependent utility functions both imply that job injuries reduce one's utility and marginal utility of income, thus rejecting the monetary loss equivalent formulation. Injury valuations have unitary income elasticity, and the valuation of non-incremental risk changes and effects of base risks follow economic predictions.
A Decade Of A Maturing Epidemic: An Assessment And Directions For Future Public Policy, Lawrence O. Gostin
A Decade Of A Maturing Epidemic: An Assessment And Directions For Future Public Policy, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The author's goal in this article, is not merely to propose public health strategies for the future, but also to examine why government has been so slow, so equivocal, in its public health response to the acquired immune deficiency syndrome (AIDS) epidemic. He argues that there has been a fundamental ambivalence in perceptions of the epidemic. For some, AIDS is perceived as a disease, with sympathy for sufferers. Once AIDS is viewed as a disease, like other catastrophic diseases, it follows that public policy will be based upon science and epidemiology--health education, research and treatment.
For others, AIDS is caused …
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Do Smokers Underestimate Risks?, W. Kip Viscusi
Do Smokers Underestimate Risks?, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This paper uses a national survey of 3,119 individuals to examine the effect of lung cancer risk perceptions on smoking activity. Both smokers and nonsmokers greatly overestimate the lung cancer risk of cigarette smoking, and the extent of the overestimation is much greater than the extent of underestimation. These risk perceptions in turn significantly reduce the probability of smoking, as suggested by an economic model of risky consumption decisions. Cigarette excise taxes in effect endow individuals with additional risk perceptions comparable to their current assessed lung cancer risks
Disclosure Of Medical Information Under Louisiana And Federal Law, David Snyder
Disclosure Of Medical Information Under Louisiana And Federal Law, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Faculty Scholarship
In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …
Stop, In The Name Of Love!, George P. Smith Ii
Stop, In The Name Of Love!, George P. Smith Ii
Scholarly Articles
Although the traditional means for affording access to goods and services in a capitalistic economy is the free market system, Americans have been unwilling in the past - for the most part - to either condone or accept financial ability as the central means for distributing health care. Responding to this attitude or consensus, the United States Congress established both Medicare and Medicaid programs to deal with the commitment to provide health care services regardless of ability to pay. Recent surveys show, however, that while the American public is concerned about the idea or principle of providing not only health …