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Articles 1 - 7 of 7
Full-Text Articles in Law
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
Electronic Health Record Regulation In Canada: What The Patient Experience Reveals About The Pursuit Of Legislative Harmonization, Patricia M. Goodman
Electronic Health Record Regulation In Canada: What The Patient Experience Reveals About The Pursuit Of Legislative Harmonization, Patricia M. Goodman
Electronic Thesis and Dissertation Repository
This thesis examines Canadian provincial and territorial personal data protection legislation as it relates to electronic health records (“EHRs”). The research categorizes Canadian jurisdictions’ approaches to EHR regulation and three models are identified. Using five criteria, the patient experience when interacting with each of the three models and a combination of the models is described, analyzed and reconciled. A fictional patient scenario is used as a tool to analyze patient interaction with the Canadian jurisdictions and the models. It is shown that, although Canadian jurisdictions use one of three separate modes of incorporating EHR-specific rules into legislation, the outcome of …
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka
Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka
LLM Theses
The notion of informed consent to medical treatment is a fundamental precept in law. It recognizes autonomy and the right to personal inviolability, irrespective of nationality, socio-economic situation and ideological orientation. A full realization of autonomy in the Nigerian legal system is severely constricted by sociological and cultural factors. Of particular concern is the impact of oppression which may arise from socialization, arbitrary disclosure practice by physicians, or as a result of legislative enactment. To remedy the elemental defects in the Nigerian Code of Medical Ethics, without addressing the impediments posed by the social environment from which a patient operates, …
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling
CMC Senior Theses
An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote …
Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg
Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg
CMC Senior Theses
This paper analyzes a 2009 U.S. policy which provided short term federal subsidies for COBRA health insurance premiums. COBRA allows the recently unemployed to continue purchasing health insurance through their employment-based insurance plan for a short time period after they become unemployed. Early analysis found low take-up rates for COBRA insurance due to the exceedingly high cost of full health insurance premiums, especially for those who have just lost a steady employment income. A short term 65 percent federal subsidy for COBRA insurance was implemented as a part of the American Recovery and Reinvestment Act in 2009. Subsidy policy proposed …
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
CMC Senior Theses
The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This …