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Articles 13051 - 13080 of 14661

Full-Text Articles in Law

Board Of Chiropractic Examiners, C. Doebler Jan 1991

Board Of Chiropractic Examiners, C. Doebler

California Regulatory Law Reporter

No abstract provided.


Osteopathic Medical Board Of California, S. Gerry Jan 1991

Osteopathic Medical Board Of California, S. Gerry

California Regulatory Law Reporter

No abstract provided.


Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman Jan 1991

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.


Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels Jan 1991

Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels

UIC Law Review

No abstract provided.


Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno Jan 1991

Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno

UIC Law Review

No abstract provided.


Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas Jan 1991

Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas

Faculty Scholarship

Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …


The Legal Dimensions Of In Vitro Fertilization: Cryopreserved Embryos Frozen In Legal Limbo, Anthony John Cuva Jan 1991

The Legal Dimensions Of In Vitro Fertilization: Cryopreserved Embryos Frozen In Legal Limbo, Anthony John Cuva

NYLS Journal of Human Rights

No abstract provided.


Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck Jan 1991

Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck

Seattle University Law Review

This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …


Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost Jan 1991

Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost

Seattle University Law Review

This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …


Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S. Jan 1991

Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.

Seattle University Law Review

This Article reviews the history of hospital rate setting in New Jersey, emphasizing the system's evolution in response to newly perceived problems and changing political forces. The system experienced some early success in controlling cost growth and demonstrating new techniques of hospital rate setting. In later years, rate setting in New Jersey has been less successful at confronting a new federal role and the growing problem of health care access. The problems faced by New Jersey hold lessons for both the federal government as it pursues cost containment and the other states who either operate rate regulation systems or contemplate …


How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum Jan 1991

How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum

Seattle University Law Review

Do contemporary charitable hospitals provide a sufficient community benefit to justify the loss of government revenue caused by their tax exemption? Focusing particularly on federal income tax exemption and on the community benefit derived from the provision of services to persons unable to pay, this Article argues that not all hospitals do. Accordingly, the authors recommend that the Internal Revenue Service issue a Revenue Ruling revising the current standards for federal income tax exemption to encourage charitable hospitals to clearly and explicitly identify and respond to health care needs, including the needs of persons unable to pay, in their local …


American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell Jan 1991

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.


Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman Jan 1991

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Comment, Medical Peer Review: The Need To Organize A Protective Approach, Don Harper Mills Jan 1991

Comment, Medical Peer Review: The Need To Organize A Protective Approach, Don Harper Mills

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman Jan 1991

The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Commentary By: Eoin W. Trevelyan, Eoin W. Trevelyan Jan 1991

Commentary By: Eoin W. Trevelyan, Eoin W. Trevelyan

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Commentary By: J.B. Silvers, J. B. Silvers Jan 1991

Commentary By: J.B. Silvers, J. B. Silvers

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty Jan 1991

The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty

Loyola University Chicago Law Journal

No abstract provided.


Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski Jan 1991

Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski

Loyola University Chicago Law Journal

No abstract provided.


Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard Jan 1991

Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard

Loyola University Chicago Law Journal

No abstract provided.


Regulating Ethics Committees In Health Care Institutions—Is It Time?, Diane E. Hoffmann Jan 1991

Regulating Ethics Committees In Health Care Institutions—Is It Time?, Diane E. Hoffmann

Maryland Law Review

No abstract provided.


Ethics Committees And Due Process: Nesting Rights In A Community Of Caring, Susan M. Wolf Jan 1991

Ethics Committees And Due Process: Nesting Rights In A Community Of Caring, Susan M. Wolf

Maryland Law Review

No abstract provided.


Institutional Ethics Committees: Proceed With Caution, Jonathan D. Moreno Jan 1991

Institutional Ethics Committees: Proceed With Caution, Jonathan D. Moreno

Maryland Law Review

No abstract provided.


The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman Jan 1991

The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman

Faculty Publications

While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …


The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns Jan 1991

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …


Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum Jan 1991

Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum

Seattle University Law Review

This Article will explore, from a legal perspective, the dynamics of the changing relationships between hospitals and their medical staffs. Specifically, the Article will discuss hospital strategies for maximizing the efficiency of their medical staff operations. In this regard, the discussion will encompass two general areas: (1) the use of agreements and policies that restrict access to medical staff membership; and, (2) the development of economic criteria to assess physicians for appointment and reappointment to medical staffs. Both of these general areas of discussion entail significant legal issues that have never been extensively explored and hold the potential to reshape …


The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr. Jan 1991

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …


First-To-Invent: A Superior System For The United States., Ned L. Conley Jan 1991

First-To-Invent: A Superior System For The United States., Ned L. Conley

St. Mary's Law Journal

The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …


Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne Jan 1991

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne

St. Mary's Law Journal

Abstract Forthcoming.


Board Of Dental Examiners, D. Flynn Shope Jan 1991

Board Of Dental Examiners, D. Flynn Shope

California Regulatory Law Reporter

No abstract provided.