Law Commons^™

Dlistributing Health Care: Rationing And The Role Of The Physician In The United Kingdom National Health Service, Alan Maynard

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Economic Credentialing: Your Money Or Your Life!, Brad Dallet

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Changing Nature Of The Bioethics Movement, Sandra H. Johnson

All Faculty Scholarship

Commemorating the thirtieth anniversary of the field of bioethics, this article analyzes the future of bioethics by identifying its role in intellectual history and classifying stages of its development.

Part I considers the formative role of Quinlan, where the New Jersey Supreme Court held that the withdrawal of medical treatment is legally permissible under some circumstances. Quinlan and its progeny established a legal framework for life-sustaining treatment decisionmaking, affirming the use of substituted judgment or best interests standards.

In Part II the article documents the framework shift brought by Cruzan, a high-profile case challenging a family’s authority to make medical …

Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney

All Faculty Scholarship

A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …

A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi

Journal of Law and Health

This paper will examine the creation of a federal AIDS compensation scheme for victims of injuries caused by vaccines which are distributed as a part of a national immunization program. As a preliminary inquiry, I will examine the impact of perceived liability on potential manufacturers to determine whether the risk of liability for manufacturers decreases the possibility that a successful AIDS vaccine will be introduced into the market. I will then discuss whether, given the present laws and economic incentives surrounding the vaccine industry, a federal compensation scheme for an AIDS vaccine is necessary. After analyzing the unique problems of …

A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine

Journal of Law and Health

Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient …

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger

Journal of Law and Health

The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …

Abortion Rights In America, Joan R. Bullock

Journal Publications

The purpose of this Article is to raise the question of whether abortion is an answer to the numerous inequalities that confront many women when there is an unwanted pregnancy, or whether abortion exacerbates the inequalities by encouraging the subordination of women to men. There is the additional question of whether the judicial system is the appropriate forum for deciding the abortion issue-an issue that invokes high emotions and one that is fraught with deeply held and divergent moral convictions. It is my opinion that abortion has provided women with only an illusion of choice rather than meaningful choice because …

Trends In Health Care Decisionmaking, Jack Schwartz

Maryland Law Review

No abstract provided.

Should Families Make Health Care Decisions?, Jacqueline J. Glover

Maryland Law Review

No abstract provided.

The Limitations Of Legislation, David Orentlicher

Maryland Law Review

No abstract provided.

Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer

Journal of Law and Health

Given the debilitating nature of psychosis, those affected are often unable to give informed consent about taking the medication. A crucial question is whether civil or criminal authorities can force the individual to take antipsychotic medication and under what circumstances this should be permitted. This review will focus on the current legal status of involuntary treatment with antipsychotics in various patient populations. The constitutional issues involved will be considered in light of both the patient's and the civil or criminal institution's rights and duties. A review of the literature suggests there is a critical need for a balanced position on …

Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii

Journal of Law and Health

The real-although often exaggerated-threats to genetic privacy, and the resulting forms of geneticdiscrimination, posed as a consequence of research in this field, can be contained by careful development and application of legal norms through legislative schemes at the state and federal levels of government. In partnership, law and science should seek to develop a contemporary agenda for social change that also seeks to fulfill socio-political goals.When viewed as but a tool for enhancing the health of the nation's citizens, and of engineering humanity's genetic weaknesses out of the line of inheritance, biological determinism is an absolute necessity for trans-national survival …

The Qui Tam Provision Of The Federal False Claims Act: The Statute In Current Form, Its History And Its Unique Position To Influence The Health Care Industry, Carolyn J. Pashke

Journal of Law and Health

Unlike the defense industry (which has relatively little contact with the general public), the health care industry, as a service industry, is largely reliant on the general public. A lawsuit involving fraud in health care threatens to harm the public's opinion of the health care industry. For this reason, the qui tam provisions of the FCA (False Claims Act) are in a unique position to generate action and changes and have a substantial impact on the health care industry. This note will discuss the history of the qui tam element of the FCA; a breakdown of the statute;areas in the …

Human Health Risk Assessments For Superfund, W. Kip Viscusi, James T. Hamilton

Vanderbilt Law School Faculty Publications

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current form or to modify it in some manner. Congress cannot sensibly decide how to reauthorize CERCLA without understanding the program's progress toward one of its fundamental missions: the reduction of risks to human health and the environment from uncontrolled hazardous waste sites... This article is structured in six sections. Section I provides background on how risk assessment data are used at Superfund sites.Section II details the construction and organization …

"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee

LLM Theses and Essays

This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at …

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …

Implementation Of The Family And Medical Leave Act: Toward The Family-Friendly Workplace, Claudia Withers

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway

Campbell Law Review

This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …

Three Visions Of Managed Competition, 1920-1950, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Human Organ Transplantation: The Role Of Law, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Women's Reproductive Rights Advanced At Conference, Gabriel Eckstein

Human Rights Brief

No abstract provided.

Ngo Advocates For Rights Of People With Mental Disabilities, Fatimah Mateen

Human Rights Brief

No abstract provided.

Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …

Under Age: A Minor's Right To Consent To Health Care, Nancy Batterman ,Esq.

Touro Law Review

No abstract provided.

In The Beginning: A Tenth Anniversary History Of The Journal Of Contemporary Health Law And Policy, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers

Journal Articles

What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …

Reverse Informed Consent: The Unreasonably Dangerous Patient, A. Samuel Oddi

Vanderbilt Law Review

Latrogenic injuries'-those caused by health care professionals (HCPs) in the course of treating patients-raise significant ethical, legal, and public policy issues.' With the advent of the AIDS epidemic, these issues become even more difficult when the iatrogenic injury results not from the patient's having received treatment below the professional standard of care (which is the usual grist for the malpractice mill) but from an infectious condition of the HCP. Considerable public attention has been directed to patients who have been exposed to the risk of AIDS by HIV-positive HCPs.6 It is difficult to be unmoved by the tragic example of …

Malpractice Liability And Physician Autonomy, Frances H. Miller, Anthony Harrison

Faculty Scholarship

Opinion. Discusses legal modifications concerning liability for medical negligence evolving in similar ways in the United States and Great Britain. Parallel and divergent trans-Atlantic trends; Ailing and increasingly costly health care systems; Traditional relationships among doctors, hospitals and other health sector players.