Law Commons^™

The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron

Charles H. Baron

No abstract provided.

Euthanasia Decisions In The Courts: The Post-Saikewicz Experience, Charles Baron

Charles H. Baron

No abstract provided.

Report On The National Commission: Good As Gold, George J. Annas

Faculty Scholarship

The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research ended its work by substantially endorsing the status quo which places primary reliance on local Institutional Review Boards for subject protection. This was predictable because of the Commission's researcher-dominated composition which permitted it to assume that (1) research is good; (2) experimentation is almost never harmful to subjects; and (3) researcher-dominated IRBs can adequately protect the Interests of human subjects. The successor Presidential Commission can learn much by reexamining these premises.

Health Maintenance Organizations: An Overview Of The History, Federal And Texas Legislation, And Current Problems., John D. Jackson

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

Encouraging Safety: The Limits Of Tort Law And Government Regulation, Richard J. Pierce, Jr.

Vanderbilt Law Review

Society wants more expenditures to reduce the risks of injury,illness, and premature death associated with many activities, but simultaneously it wants the fruits of those activities to continue to be available at a low cost. To some extent, these goals are inherently in conflict. On occasion society may give vitality to the slogan that human life has an infinite value, but it can do so only in narrow contexts and for brief periods. More often, artful self-deception is practiced to create the appearance of adhering to an impossible, but widely held, ideal, while in actuality lives are balanced against dollars. …

Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger

In the Public Interest

No abstract provided.

Cancer: Does The American Health Empire Really Want A Cure?, David Sherman

In the Public Interest

No abstract provided.

H.L. V. Matheson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Case For Medical Licensure, George J. Annas

Faculty Scholarship

Locke et al. argue elsewhere in this issue that medical licensure should be abolished. Their reasoning is direct and seductive - but their free market cure is worse than the disease they describe. Their major premise, for example, is simply wrong: "Any governmental action that violates individual rights is improper." For this notion they cite the ultraconservative novelist Ayn Rand who talks about things that are "right" for humans to do. But there are two confusions: (I) rights do not exist in a vacuum; in an interdependent society the rights of individuals must sometimes be balanced against the rights of …

The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron

Charles H. Baron

No abstract provided.

The Hill-Burton Act: A Basis For The Prevention Of Urban Hospital Relocation, Carla J. Smith

Indiana Law Journal

No abstract provided.

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

Resolving Doctor-Patient Conflicts, Bernard L. Diamond

Michigan Law Review

A review of Taking Care of Strangers: The Rule of Law in Doctor-Patient Relations by Robert A. Burt

Predictions Of Dangerousness In Texas: Psychotherapists' Conflicting Duties, Their Potential Liability, And Possible Solutions., Marilyn Hammond

St. Mary's Law Journal

Abstract Forthcoming.

How To Make The Massachusetts Patients' Bill Of Rights Work, George J. Annas

Faculty Scholarship

The movement for enhanced patients' rights is based on two premises: (I) citizens possess certain rights that are not automatically forfeited by entering into a relationship with a physician or health care facility; and (2) most physicians and health care facilities fail to recognize these rights, fall to provide for their protection or assertion, and limit their exercise without recourse.

The primary argument against patients' rights is that patients have "needs" and defining these needs in terms of rights leads to the creation of an unhealthy adversary relationship.' It is not, however, the creation of rights, but the disregard of …

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Nysna Condition Of Nurses; Series Ii; File 80, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Physicians Assistants; Series Ii; File 90, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

The Role Of Mental Health Professionals In The Criminal Process: The Case For Informed Speculation, Christopher Slobogin, Bonnie J. Richard

Vanderbilt Law School Faculty Publications

In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, we outlined the reasons why imprecision and speculation is and must be tolerated in doctrines of exculpation and mitigation. In Part II, we developed the case for evidentiary rules which permit "informed speculation" by qualified clinical experts so as to enable defendants to explore and present subjective defenses and assist triers of fact to assess the plausibility and significance of such claims. We recognize that many mental …

Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii

Indiana Law Journal

No abstract provided.

Relative Value Guides And The Sherman Antitrust Act, David R. Simonsen, Jr.

Vanderbilt Law Review

The skyrocketing costs of health care services for the American people constitute a crisis of national importance.' The seriousness of this crisis is reflected in the attention that antitrust enforcement agencies of the federal government are giving to the health care industry. The agencies are responding, at least in part, to the common perception that these skyrocketing costs result as much from the restrictive trade practices of the health care industry as from the growing use of sophisticated technology and inflation. Competition is viewed as an antidote to increasing prices and antitrust laws as the vehicle by which federal agencies …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas

Faculty Scholarship

In Herman Melville's novel Moby Dick Ishmael searches for knowledge in diverse ways; he views the world not only through his senses but symbolically and metaphorically. At one point, he is tied to the pagan harpooner Queequeg by a "monkey-rope," and it is his duty to use this rope to pull Queequeg free from the sharks surrounding the dead whale that Queequeg is butchering when Queequeg slips from his perch atop the whale. Should he fail, Queequeg's weight will pull them both into the shark-filled waters. Ishmael ponders: "I seemed distinctly to perceive that my own individuality was now merged …

Labor Law - Presumption Against Rules Prohibiting Solicitation During Nonworking Time - Nlrb's Application Of Presumption In Hospital Patient Access Areas, Except For Immediate Patient Care Areas, Upheld As Valid, Roberta D. Pichini

Villanova Law Review

No abstract provided.

Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin

University of Richmond Law Review

Since 1902 the continuing negligent treatment rule has been applied to medical malpractice claims to establish when the statute of limitations begins to run on a particular cause of action. The rule is typically used in cases where the parties have engaged in a course of dealing over a period of time and the wrong complained of has stretched over all or part of this period.

Dubin V. Michael Reese Hospital And Medical Center - The Application Of Strict Liability To Hospital-Supplied X-Radiation Treatment, 13 J. Marshall L. Rev. 485 (1980), James L. Deano

UIC Law Review

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Book Chapters

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.

Great Expectations Or Convoluted Realities: Artificial Insemination In Flux, George P. Smith Ii

Scholarly Articles

No abstract provided.

International Year Of Disabled Persons: The Institution In England And Wales, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A notable characteristic of American federalism is that domestic policy has been substantially determined by the courts. The judiciary has introduced its own social morality to ensure reasonable access to services for minority groups.

The concept of judicial policy making has found no greater expression than in the field of mental retardation where the service provided has been largely mandated by judges.