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Articles 13111 - 13140 of 14657
Full-Text Articles in Law
Preface, Peter M. Gerhart
Preface, Peter M. Gerhart
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Symposium Do We Own Our Bodies?, Guido Calabresi
Symposium Do We Own Our Bodies?, Guido Calabresi
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Are We Morally Obligated To Make Gifts Of Our Bodies?, Thomas H. Murray
Are We Morally Obligated To Make Gifts Of Our Bodies?, Thomas H. Murray
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Ru 486: The Politics Of Choice, Francine Stulac
Ru 486: The Politics Of Choice, Francine Stulac
Health Matrix: The Journal of Law-Medicine
No abstract provided.
No (Pregnant) Woman Is An Island: The Case For A Carefully Delimited Use Of Criminal Sanctions To Enforce Gestational Responsibility, Rachel H. Nicholson
No (Pregnant) Woman Is An Island: The Case For A Carefully Delimited Use Of Criminal Sanctions To Enforce Gestational Responsibility, Rachel H. Nicholson
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 1 Issue 2 (1991)
Masthead, Volume 1 Issue 2 (1991)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The "Oregon Plan" A Symposium Introduction To The Cleveland Conference On Bioethics, S. W. Hartwell
The "Oregon Plan" A Symposium Introduction To The Cleveland Conference On Bioethics, S. W. Hartwell
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Setting Health Care Priorities In Oregon, Michael J. Garland
Setting Health Care Priorities In Oregon, Michael J. Garland
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Oregon Initiative: Ethics And Priority Setting, Daniel Callahan
The Oregon Initiative: Ethics And Priority Setting, Daniel Callahan
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Commentary By: Eugene Vayda, Eugene Vayda
Commentary By: Eugene Vayda, Eugene Vayda
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Commentary By: William S. Kiser, William S. Kiser
Commentary By: William S. Kiser, William S. Kiser
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Medicaid Rationing In Oregon: Political Wolf In A Philosopher's Sheepskin, Peter P. Budetti
Medicaid Rationing In Oregon: Political Wolf In A Philosopher's Sheepskin, Peter P. Budetti
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Commentary By: L.R. Churchill, L. R. Churchill
Commentary By: L.R. Churchill, L. R. Churchill
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Oregon Medicaid Priority-Setting Project: The Impact On Poor Children, Richard E. Behrman, Carol S. Larson
The Oregon Medicaid Priority-Setting Project: The Impact On Poor Children, Richard E. Behrman, Carol S. Larson
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
Journal of Law and Health
This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption …
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Journal of Law and Health
For certain types of contracts, the remedy for the breach of the implied duty of good faith and fair dealing has been found to lie in tort. Until the Supreme Court's ruling in Pilot Life Ins. Co. v. Dedeaux, courts were rapidly extending the application of the tort of bad faith breach of contract into areas beyond the traditionally accepted realm of insurance contracts. Most significant for the purposes of this note was the expansion into the area of health care services, specifically health maintenance organizations. Perhaps because of the chilling effect Pilot Life has had upon this form of …
Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave
Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
St. Mary's Law Journal
In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales
St. Mary's Law Journal
This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.
Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara
Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara
St. Mary's Law Journal
Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …
A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary
St. Mary's Law Journal
In Mu'Min v. Virginia, the United States Supreme Court held a defendant has no right to ask jurors about the potential influence of prejudicial pretrial publicity. A defendant may ask only if the jurors can remain impartial. The Court mandates that overturning a trial court’s jury selection is allowable only if manifest error renders the trial fundamentally unfair. The Court did not find that the case involved sufficient public passion to necessitate a more extensive jury examination by the trial court to include inquiries involving the effect of pretrial publicity. The ruling in Mu'Min leaves too much discretion to the …
At What Cost Will The Court Impose A Duty To Preserve The Life A Child, David S. Lockemeyer
At What Cost Will The Court Impose A Duty To Preserve The Life A Child, David S. Lockemeyer
Cleveland State Law Review
The purpose of this Note is to explore the issues surrounding parental consent for a surgical invasion of one child to save the life of a sibling. This Note focuses on the courts role in permitting organ transplantation. In addition, it will discuss the new developments in medical science regarding living donors and the concept of transplantation of regenerative organs and the possible impact on the court. Next, this Note analyzes the elements of duty to rescue, best interest and substituted judgment and the court's use of the various tests to justify invasion of a child's body. This Note examines …
Symposium: Hospital Ethics Committees And The Law - Introduction, Paula C. Hollinger
Symposium: Hospital Ethics Committees And The Law - Introduction, Paula C. Hollinger
Maryland Law Review
No abstract provided.
The Bioethics Movement And Hospital Ethics Committees, John C. Fletcher
The Bioethics Movement And Hospital Ethics Committees, John C. Fletcher
Maryland Law Review
No abstract provided.
Evaluating Ethics Committees: What Do We Mean By Success?, Gail J. Povar
Evaluating Ethics Committees: What Do We Mean By Success?, Gail J. Povar
Maryland Law Review
No abstract provided.
I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb
I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb
Journal of Law and Health
This Note will discuss the psychotherapist-patient privileges as it relates to past crimes and will use the Menendez facts to analyze different problems associated with the privilege. First, privileges law in general will be described with an emphasis on the public policy rationales supporting the specific privileges; ample space will then be devoted exclusively to the psychotherapist -patient privilege, especially the unique problems associated with having any exceptions which allow testimony of psychotherapeutic communications. The Note will then discuss the recognized exceptions to the psychotherapist privilege to see if a case can be made for an exception relating to past …
The Bill Chill: Safe Harbors In The Medicare And Medicaid Fraud And Abuse Statutes, Pamela L. Gorski
The Bill Chill: Safe Harbors In The Medicare And Medicaid Fraud And Abuse Statutes, Pamela L. Gorski
Journal of Law and Health
This Note will determine whether the safe harbor regulations, intended to advise hospitals of permissible conduct, have instead created a chilling effect on the competitive market place. Have governmental regulations, in the form of safe harbors, failed to produce clear answers and guidance to hospitals? It would appear that instead of clarifying the issues, these new proposed safe harbor regulations have, in fact, prevented hospitals from offering patients and the federal government cost savings in the form of discounts and rebates.
Rights Within The Therapeutic Relationship, Patricia King
Rights Within The Therapeutic Relationship, Patricia King
Journal of Law and Health
My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such …
The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway
The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway
Journal of Law and Health
This note will attempt to give a brief background on how the West Bank and Gaza Strip became the "occupied territories", analyze the treatment of Palestinians under Israeli occupation, and interpret the international law that relates to those territories, specifically the Fourth Geneva Convention and the United Nations Resolutions which address the protection of the health and well-being of the Palestinians under Israeli occupation.
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
St. Mary's Law Journal
Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …