Law Commons^™

People With Pipes: A Question Of Euthanasia, Susan Machler

Seattle University Law Review

This Comment will focus on the constitutional and common law backgrounds of suicide and the right to refuse medical treatment, the need for well-articulated policies on right-todie issues, and a possible legislative solution that will balance the needs of dying individuals with society's interest in preventing abuse. Until we develop policies regarding physician- assisted suicide, we are leaving the needs and the protection of the dying to "people with pipes." We are leaving policymaking to whomever wins the battle between a doctor who invents suicide machines and a prosecutor who wants to put the doctor in jail for an act …

Rust V. Sullivan: Redirecting The Katzenbach V. Morgan Power, Paul Chuey

Seattle University Law Review

By deferring to the discretion of another branch of the federal government on a question of constitutional interpretation, the Rust Court implicitly resurrects and reshapes the long ignored doctrine of Katzenbach v. Morgan. Despite their different substantive issues, these two cases have a similar effect on the federal judiciary's role in constitutional interpretation. Section I of this Note describes the facts and history surrounding Rust and Morgan. Section II examines the Rust doctrine of judicial deference in the context of Morgan. Section III examines the Rust Court's approach to the First Amendment issues raised by the regulation …

Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall

Seattle University Law Review

This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …

Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears

St. Mary's Law Journal

This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …

Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

It is time to consider an alternative approach to organ procurement and allocation -- one that relies on presumed consent to organ donation, combined with incentives which recognize the communal basis of the obligation to donate one's organs after death. Such a system must provide numerous opportunities for “opting out” of donation in order to promote individual autonomy and use economic and eleemosynary incentives for persons to contribute their organs after death. Mere mention of the words “presumed consent” and “compensated donation” may raise ethical eyebrows. However, a system of presumed consent to compensated organ donation should be considered as …

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …

Book Review: An Overview Of Health Care Reform: A View Of The Forest--An Introduction To Taft Strategic Atlas: U.S. Health Care Reform By Frederick I. Taft, Stephen J. Werber, Stephen R. Smith

Law Faculty Articles and Essays

Those interested in health law, who wish to follow and participate in the national debate, need a method of organizing the trees of definition, individual issues, and plans found in the forest of the debate. The cliche of not seeing the forest for the trees is reversed in this debate as we all can see the forest, but we cannot distinguish or truly discern its contents. To aid in understanding these issues, The Journal of Law and Health has taken the unusual step of reprinting a significant portion of a new book. The Editors believe that a traditional Book Review …

The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig

American University Law Review

No abstract provided.

Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey

UIC Law Review

No abstract provided.

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.

Galileo's Retort: Peter Huber's Junk Scholarship, Kenneth J. Cheesbro

American University Law Review

No abstract provided.

Volume 3 Issue 1( (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Forcing Rescue: The Landscape Of Health Care Provider Obligations To Treat Patients, Barry R. Furrow

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Promoting Better Health Care: Policy Arguments For Concurrent Quality Assurance And Attorney-Client Hospital Incident Report Privileges, Cynthia J. Dollar

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 3 Issue 2 (1993)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Board Of Examiners In Veterinary Medicine, D. Lewin

California Regulatory Law Reporter

No abstract provided.

Detention Of Hiv-Positive Haitians At Guantanamo, George J. Annas

Faculty Scholarship

Speaking for the United States, Secretary of State Warren Christopher told the June 1993 World Conference on Human Rights in Vienna that human rights are universal and that “we cannot let cultural relativism become the last refuge of repression”. The universality of human rights was first recognized internationally in the 1948 United Nations Declaration of Human Rights. But the fact that these rights are recognized and even seen as universal does not ensure that they will be respected, even by their strongest supporters. The lack of an international tribunal with jurisdiction to hear complaints about human-rights violations and provide remedies …

Physician-Assisted Suicide — Michigan's Temporary Solution, George J. Annas

Faculty Scholarship

Lewis Thomas has noted that doctors “are as frightened and bewildered by the act of death as everyone else”. “Death is shocking, dismaying, even terrifying,” Thomas has written. “A dying patient is a kind of freak . . . an offense against nature itself”. It is thus not surprising that many physicians have difficulty talking candidly with dying patients and caring for them, a reaction that often results in undermedication for pain and expensive and ineffective overtreatment.

American patients know this, and although death is a culture-wide enemy, many Americans fear the process of dying in an impersonal modern hospital …

The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann

Faculty Scholarship

The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.² Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …

Increasing The Supply Of Cadaver Organs For Transplantation: Recognizing That The Real Problem Is Psychological Not Legal, Orly Hazony

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Social Security And Medicare Adjudications At Hhs: Two Approaches To Administrative Justice In An Ever-Expanding Bureaucracy, Phyllis E. Bernard

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay

St. Mary's Law Journal

In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …

The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga

St. Mary's Law Journal

The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …

Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard

St. Mary's Law Journal

Abstract Forthcoming.

Agricultural Trade Wars: A Threat To The Gatt And Global Free Trade., Thomas J. Schoenbaum

St. Mary's Law Journal

Agriculture, today, is the center of a set of multi-dimensional international controversies and crises. International agricultural strife threatens the future of the global free-trade system. This strife soured relations between the United States and its principal allies and trading partners: Canada, the European Community (EC), and Japan. The agricultural trade controversy is at the heart of the bitter stalemate of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. The deadlock over farm trade called into question the very future of the GATT as an international organization. Controversies over agriculture also endanger approval of the recently …

The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson

St. Mary's Law Journal

The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …

Life Style, Health Status, And Distributive Justice, Robert L. Schwartz

Faculty Scholarship

The newest and most original scapegoat upon which we can place the blame for the high cost of health care are those whose life style choices puts their health or lives at risk. Of course, if our health care cost and access problems are a consequence of unhealthy choices made by autonomous individuals, we are relieved of the obligation of figuring out how to reform our health care delivery system. In that case, the solution to our health care problem is obvious - we merely need to impose appropriate penalties on those who make costly, immoral and unhealthy life style …

Used Oil In The United States: Environmental Impact, Regulation, And Management, Elizabeth A. Beiring

Buffalo Law Review

No abstract provided.