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Articles 12751 - 12780 of 14666
Full-Text Articles in Law
The Right To Health Care In The United States, Ken Wing
The Right To Health Care In The United States, Ken Wing
Faculty Articles
This article provides an analysis of the history of constitutional interpretation in the United States, and reveals that any right Americans have to health care is a political rather than constitutional right.
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
St. Mary's Law Journal
Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
St. Mary's Law Journal
In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals …
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
St. Mary's Law Journal
Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …
Comments On The Law On Property In The Russian Soviet Federated Socialist Republic., Larisa Krasavchikova
Comments On The Law On Property In The Russian Soviet Federated Socialist Republic., Larisa Krasavchikova
St. Mary's Law Journal
Abstract Forthcoming.
Private Property And Russia's Leap Of Faith., Douglas R. Haddock
Private Property And Russia's Leap Of Faith., Douglas R. Haddock
St. Mary's Law Journal
Popular notions of property are enshrined in constitutional protections which seem to make quite clear society’s emphasis on the individual’s preeminence in matters of property. Americans have never been able to accept the “socialist ownership” notions of the Soviet Union and other socialist countries as a viable scheme of property. It is probably irrefutable that the application of socialist ownership principles in the Soviet Union has been less efficient than the American model of private ownership. Yet, it is reactionary to entirely condemn the idea of socialist ownership and conclude the downfall of the Soviet Union proved the “rightness” of …
Enactments Altering Or Reallocating Elected Officials' Powers Do Not Directly Relate To Or Affect Voting And Are Therefore Not Subject To Judicial Or Administrative Preclearance Under Section 5 Of The Voting Rights Act Of 1965., Sharon N. Humble
St. Mary's Law Journal
In Presley v. Etowah County Comm’n, the Court held enactments altering or reallocating elected officials’ powers do not directly relate to or affect voting. Therefore, not subject to judicial or administrative preclearance under Section 5 of the Voting Rights Act of 1965. However, the Court’s holding in Presley, that the changes at issue must directly relate to voting, contradicts the Court’s earlier holdings that indirect or minor changes affecting voting must meet Section 5 preclearance requirements. In Presley, the Court limited the coverage of Section 5 by holding that enactments reallocating elected officials’ decision-making authority do not require judicial or …
The Filing Of An Indictment Against A Criminal Defendant Activates His Sixth Amendment Right To A Speedy Trial, Notwithstanding The Fact That The Defendant Had No Knowledge Of The Indictment Until The Time Of His Arrest., Ronna A. Laidley
St. Mary's Law Journal
In Doggett v. United States, the Supreme Court held the filing of an indictment against a defendant activates his Sixth Amendment right to a speedy trial, notwithstanding the defendant not knowing of the indictment until his arrest. The right to a speedy trial serves to vindicate the rights of individuals who have incurred impediments to their personal liberty because of governmental negligence. The Court stated the Speedy Trial Clause aims to prevent undue and oppressive pre-trial incarceration, limit the anxiety accompanying public accusation, and diminish delays that might cripple a defendant’s ability to prepare an adequate defense. Since Doggett suffered …
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
St. Mary's Law Journal
This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …
Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon
Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon
St. Mary's Law Journal
The history behind Mexico’s accession to the General Agreement on Tariffs and Trade (GATT) sheds light on Mexico’s progression toward improved bilateral trade relations with the United States. Mexico embarked on its modernization and reform path with its accession to the GATT in 1987. The recent initialing of the North American Free Trade Agreement (NAFTA) by Canada, Mexico, and the United States is a symbolic event in the continued globalization of the world economy. The trilateral NAFTA is revolutionary because of Mexico’s participation. Part II of this article addresses Mexico’s progression toward accession to the GATT. Part III provides an …
The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey
The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey
St. Mary's Law Journal
Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …
Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry
Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry
St. Mary's Law Journal
Abstract Forthcoming.
Amendments To The General Law Of Business Associations., Raul S. Moreyra
Amendments To The General Law Of Business Associations., Raul S. Moreyra
St. Mary's Law Journal
Abstract Forthcoming.
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
St. Mary's Law Journal
The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …
Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald
Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald
St. Mary's Law Journal
Abstract Forthcoming.
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
St. Mary's Law Journal
Abstract Forthcoming.
Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock
Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock
St. Mary's Law Journal
Abstract Forthcoming.
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
St. Mary's Law Journal
Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …
Masthead, Volume 3 Issue 1 (1993)
Masthead, Volume 3 Issue 1 (1993)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 3 Issue 2 (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 3 Issue 2 (1993), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Consumers, Complaints, And Professional Discipline: A Look At Medical Licensure Boards, Timothy S. Jost, Linda Mulcahy, Stephen Strasser, Larry A. Sachs
Consumers, Complaints, And Professional Discipline: A Look At Medical Licensure Boards, Timothy S. Jost, Linda Mulcahy, Stephen Strasser, Larry A. Sachs
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Studies Of Transfer Trauma In Nursing Home Patients: How The Legal System Has Failed To See The Whold Picture, Terri D. Keville
Studies Of Transfer Trauma In Nursing Home Patients: How The Legal System Has Failed To See The Whold Picture, Terri D. Keville
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Taxing Tale: Unconstitutional Conditions And Abortion Subsidy, Margaret S. Russell
A Taxing Tale: Unconstitutional Conditions And Abortion Subsidy, Margaret S. Russell
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Injury As A Matter Of Law: Is This The Answer To The Wrongful Life Dilemma?, Alan J. Belsky
Injury As A Matter Of Law: Is This The Answer To The Wrongful Life Dilemma?, Alan J. Belsky
University of Baltimore Law Review
No abstract provided.
To Stay At Home: Analysis Of Rights And Recommendations On Procedures For Persons Receiving Mental Health Services In The Community , Janet L. Lowder, Franklin J. Hickman
To Stay At Home: Analysis Of Rights And Recommendations On Procedures For Persons Receiving Mental Health Services In The Community , Janet L. Lowder, Franklin J. Hickman
Journal of Law and Health
Before the pendulum swings back to the use of institutions as the primary treatment modality for persons with severe mental illness, there should be a re-examination of the alternatives available to community care providers to ensure compliance with treatment outside of the hospital. This article will focus on the alternatives available in the Ohio mental health system, which is fundamentally oriented towards community-based treatment, and the effects of this orientation.
The Medicare And Medicaid Anti-Kickback Statute: Safe Harbors Eradicate Ambiguity, Durin B. Rogers
The Medicare And Medicaid Anti-Kickback Statute: Safe Harbors Eradicate Ambiguity, Durin B. Rogers
Journal of Law and Health
This Note will briefly explore the history of the Medicare and Medicaid programs including the introduction of the PPS. Next, the Note will detail the legislative history surrounding the adoption of the MMAKS and the judicial interpretation applied to its elements. The Note will follow with an analysis of the purpose, goals, and disagreements relating to the MMPPPA's "Safe Harbor" regulations, resolving their alleged ambiguity against the medical profession. Finally, the Note will advocate support of the recently proposed Health Care Cost Containment and Reform Act of 1992 with emphasis on increasing the budget and size of the staff within …
Proof Of Attorney's Fees In Texas., Scott A. Brister
Proof Of Attorney's Fees In Texas., Scott A. Brister
St. Mary's Law Journal
In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …