Law Commons^™

Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson

Indiana Law Journal

No abstract provided.

Checklist For Long-Term Care Coverage, David M. English

Faculty Publications

Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy.

Health Care In The Inner City: Asking The Right Question, Sidney D. Watson

All Faculty Scholarship

MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs. Kirchik arrived for treatment, however, the public hospital turned her away because she had not yet applied for Medicaid. Mrs. Kirchik tried another public hospital, but was turned away because she was not a resident of the hospital's service area. When Mrs. Kirchik's story …

Ru-486; Safe? Effective? Banned! Why Would The Food And Drug Administration Ban A Drug With Such Potential?, Mark A. Hernandez

Penn State International Law Review (1982 - 2011)

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.

Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree

Buffalo Law Review

No abstract provided.

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.

Help! We've Fallen And We Can't Get Up: The Problems Families Face Because Of Employment-Based Health Insurance, Jeffrey R. Pettit

Vanderbilt Law Review

Steve Tilghman of Birmingham, Alabama knows first-hand the health insurance problems American families face.' Steve's family had adequate health insurance until Steve decided to change careers. After expiration of the eighteen-month extension period COBRA provides, Steve's family could not afford the one thousand dollar monthly premiums necessary to maintain their policy. Steve's epileptic son further complicated his ability to find adequate health insurance. After having no insurance for two months, Steve ultimately was able to find health insurance for only part of his family. Steve had to acquire a separate, unrated policy for his epileptic son. Steve is uncertain about …

Consensus Development At Nih: What Went Wrong, Itzhak Jacoby

RISK: Health, Safety & Environment (1990-2002)

A close observer identifies the Science Court concept as inspiring consensus development conferences at the National Institutes of Health and describes the extent to which they have followed the model. Professor Jacoby also argues that, if the model were more closely followed, conference objectives would be better realized.

Planned Parenthood Of Southeastern Pennsylvania V. Casey: Adopting The Unduly Burdensome Standard, Sara L. Doyle

Mercer Law Review

In Planned Parenthood v. Casey, the Supreme Court reaffirmed the central holding in Roe v. Wade, firmly establishing that a woman has a fundamental liberty right to choose to have an abortion guaranteed to her under the Due Process Clause of the Fourteenth Amendment. Casey is a, plurality opinion coupled with a strong dissent.

This Casenote begins with a summary of the pertinent facts leading up to the initial action. Next, the Casenote examines the Court's holding in Casey and concludes with analysis of the Supreme Court opinion.

Children's Competence To Provide Informed Consent For Mental Health Treatment, Richard E. Redding

Washington and Lee Law Review

No abstract provided.

The Science Court: Reminiscence And Retrospective, Allan Mazur

RISK: Health, Safety & Environment (1990-2002)

A self-described "agnostic" on the merits of the Science Court proposal describes how he independently arrived at a similar notion and played a role in efforts to secure a major test of the proposal. Professor Mazur also analyzes university-based experiments structured around that model and concludes that the controversial "judges" are probably unnecessary to achieve his original objectives.

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.

Regulation Of Physician Self-Referral Arrangements: Is Prohibition The Answer Or Has Congress Operated On The Wrong Patient, Christian D. Humphreys

San Diego Law Review

Rapidly increasing health care costs have created a national crisis. Perceiving physician referral behavior as the principal cause, Congress and several state legislatures have prohibited certain referrals. This Comment analyzes the data that spawned such legislation and critiques prohibition of referrals as a solution to the crisis. The Comment asserts that the prohibition remedy is overly broad and largely ineffective. The author recommends a more farsighted solution, such as the creation of a prepaid physician compensation system. The author argues that such a system would minimize the incentive to make unnecessary referrals while simultaneously reducing the level of health care …

Unequal Racial Access To Kidney Transplantation, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Law & Health Care Newsletter, V. 1, No. 1, Fall 1993

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Criminal Investigation And Enforcement Of The Antitrust Laws In The Health Care Field, Toby G. Singer, Helen-Louise Hunter

Annals of Health Law and Life Sciences

Criminal enforcement of the antitrust laws has only recently become a serious issue in health care. It is likely to remain one of the Justice Department's priorities. However, providers of healthcare can avoid the risk of criminal liability.

Rationing Health Care In Canada, Murray G. Brown

Annals of Health Law and Life Sciences

Canada has been able to develop a fairly successful system of healthcare rationing by balancing the conflicting concerns of equal access and cost efficiency, federal funding and provincial control, and public sector management and private sector provision. Financial constraints limit the kinds of services included within the notion of equal access however, forcing healthcare providers to make difficult choices about who will receive a particular healthcare service.

Paternalism, Civil Commitment And Illness Politics: Assessing The Current Debate And Outlining A Future Direction, Bruce A. Arrigo

Journal of Law and Health

The purpose of this article is to examine critically the role that both law and psychiatry have played in casting mentally ill persons as deviants, citizen / outsiders caught in a crossfire of illness politics. This examination will focus on those values protected and privileged by the medical and legal professions as reflected in confinement law and policy primarily during the last quarter of the twentieth century. The social, economic and political power these disciplines exercise in the lives of psychiatric citizens raises significant questions concerning the future of involuntary civil commitment both from a clinical and justice policy perspective. …

The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman

Faculty Publications

This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.

Foreword, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Employee Participation Programs After Electromation: They're Worth The Risk!, K. Bruce Stickler, Patricia L. Mehler

Annals of Health Law and Life Sciences

Employee participation programs ("EPP"s) can be an invaluable means of utilizing employee input, particularly in the healthcare industry. However, the National Labor Relation Board's ("NLRB") recent decision in Electromation, Inc. affects the structure and use of EPPs. There are still ways in which EPPs can be structured to meet the NLRB's requirements.

Psychotherapists' Sexual Relationships With Their Patients, Clifton Perry, Joan Wallman Kuruc

Annals of Health Law and Life Sciences

Sexual contact between psychotherapists and their patients is currently one of the leading causes of malpractice claims against psychotherapists. Some courts have recognized the devastating emotional harm that patients suffer as a result of psychotherapist-patient sex and have expanded the remedies available to these patients; a few state legislatures have enacted statutes that impose civil or criminal penalties on psychotherapists who engage in sexual activity with their patients.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Sexual Harassment: Preventive Steps For The Healthcare Practitioner, Christine Godsil Cooper

Annals of Health Law and Life Sciences

Like other employers, healthcare providers can be held liable for sexual harassment in the workplace. However, by implementing an effective sexual harassment policy, healthcare providers can avoid corporate liability for sexual harassment and create a more productive working environment as well.

Recent Developments For Tax-Exempt Healthcare Organizations, Thomas K. Hyatt

Annals of Health Law and Life Sciences

Significant developments in the law of tax-exempt healthcare organizations occurred during the early 1990s. The span of developments includes a seminal Seventh Circuit case, Living Faith v. Commissioner, as well as an Internal Revenue Service determination letter recognizing the charitable tax status of integrated delivery systems, showing the recent activism of the IRS in the healthcare arena. In addition, the federal and state courts have struggled to define and apply concepts of community benefit and charity to modern healthcare organizations.

The Allocation Of Healthcare Resources In The National Health Service In England: Professional And Legal Issues, John H. Tingle

Annals of Health Law and Life Sciences

Although Britain's National Health Service has implemented a number of reforms designed to improve the quality of care in a cost-effective manner, healthcare litigation in the United Kingdom continues to increase. Resource shortages have prompted many patients to bring legal actions against the National Health Service in an attempt to compel a resource allocation, while other patients have sued their physician for negligence in providing a healthcare service.

Ambulatory Care And Healthcare Reform, Irene Fraser

Annals of Health Law and Life Sciences

The escalating costs of inpatient care have resulted in the increased utilization of outpatient facilities and home care. As the sites of care proliferate, the system of healthcare delivery must be integrated so that healthcare provision is both cost-effective and safe.