Law Commons^™

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the …

Torts—Product Liability—Arkansas Adopts Comment K As An Affirmative Defense In Prescription Drug Actions. West V. Searle & Co., 305 Ark. 33, 806 S.W.2d 608 (1991)., Ian Birkett

University of Arkansas at Little Rock Law Review

No abstract provided.

Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber

Indiana Law Journal

No abstract provided.

A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson

Indiana Law Journal

No abstract provided.

The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy

Fordham Urban Law Journal

New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest …

Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.

Fordham Urban Law Journal

After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease. …

Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard

Faculty Scholarship

Numerous horror movies and books depict the woes that befall fictional homeowners who don't know or care that they are living too close to cemeteries or brooding woods or scenes of hauntings.

However, even the vivid imaginations of filmmakers and novelists can't conjure up some of the real-life horrors that environmental hazards can create for property owners. These hazards can destroy the value and salability of property, render it unusable for its intended purpose, and burden owners with clean-up costs, fines and lawsuits.

Fortunately, an alert eye and inexpensive tests can identify most common environmental dangers.

Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski

Faculty Articles

The publicity surrounding the Bergalis case has created a new and powerful fear for some-the fear of contracting a fatal disease while obtaining medical or dental care. Following Bergalis' congressional testimony, Congress passed a bill requiring states to regulate HIV-infected health care workers (HCWs). Responding to constituents' fears, state legislatures had already been debating a wide range of bills designed to confront the risk of HIV transmission in health care settings. Private actors, such as hospitals and insurers, feared litigation or loss of business if the public perceived them to be ignoring the problem of HIV infection among HCWs. As …

Masthead, Volume 2 Issue 1 (1992)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Medicare & Medicaid Anti-Kickback Statute And The Safe Harbor Regulations -- What's Next?, Richard P. Kusserow

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Patent Rights In The Human Genome Project, Rebecca S. Eisenberg

Book Chapters

The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …

The Justice Mission And Mental Health Law, Steven R. Smith

Cleveland State Law Review

Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts with …

The Right To Refuse Antipsychotic Drug Treatment And The Supreme Court: Washington V. Harper, Jeannette Brian

Buffalo Law Review

No abstract provided.

College Athletes: Illness Or Injury And The Decision To Return To Play, Cathy J. Jones

Buffalo Law Review

No abstract provided.

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …

Maquiladoras: Will The Program Continue., Cheryl Schechter, David Brill Jr.

St. Mary's Law Journal

This Article will discuss the industry and relevant aspects of the legal framework which evolved into the modern maquiladora operation. It will also analyze the possible impact of the ongoing North American Free Trade Agreement (NAFTA) negotiations on the Mexican maquiladora industry. In the late seventies and early eighties, Mexico plunged into an economic crisis brought on in part by its almost exclusive dependence on oil exports. The extreme drop in the international oil market forced the country to restructure its economy with a greater emphasis on manufacturing for export. Mexico’s maquiladora program played a key role in this aspect …

Transborder - Road Transportation., H.N. Cunningham Iii

St. Mary's Law Journal

This Article is intended to serve as a primer for attorneys representing clients engaged in shipping, receiving, and transporting merchandise between points in the United States of Mexico (Mexico) and the United States of America. A “crazy quilt” of laws and regulations govern the rights, duties, and obligations of persons engaged in these activities. These laws include not only the constitutions and statutes of two independent nations, but also the laws and regulations of their various political subdivisions as well. Due to the breadth of this material, this Article’s treatment of the subject is general, providing an overview of the …

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

Admissibility Of A Rape Victim's Prior Sexual Conduct In Texas: A Contemporary Review And Analysis., James A. Vaught, Margaret Henning

St. Mary's Law Journal

The treatment of rape victims in criminal prosecutions has become and remains a matter of intense public and legal interest in America. The conventional use of evidence of a rape complainant's prior sexual history in rape prosecutions was a major focus of the rape reform movement. A major consequence of the movement for reform is the federal government and forty-nine states enacting rape shield laws limiting the admissibility of evidence concerning the complainant’s sexual history in rape prosecution. This article analyzes the admissibility of evidence of a rape complainant’s prior sexual conduct from its common law origins concentrating on the …

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …

Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein

St. Mary's Law Journal

Abstract Forthcoming.

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.

Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney

St. Mary's Law Journal

Abstract Forthcoming.

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …

Volume 2 Issue 1 (1992), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Essay: Genetic Narratives: Biology, Stories, And The Definition Of The Family, James Lindemann Nelson, Ph.D.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Legislative Commentary: Sullivan Made The Right Choice In Rejecting The Oregon Plan, Tom Mason

Health Matrix: The Journal of Law-Medicine

No abstract provided.

An Exception To The Employment-At-Will Doctrine For Nurses, Susan R. Gornik

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 2 Issue 2 (1992), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.