Law Commons^™

The Politics Of Aids: Compulsory State Powers, Public Health, And Civil Liberties, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article argues that compulsory public powers are justified only if they meet the following criteria: there is a significant risk of transmission of the acquired immune deficiency syndrome (AIDS) virus; the public health response is efficacious in preventing a primary mode of transmission of the virus; the economic, practical, or human rights burdens are not disproportionate to the public health benefits; and the public health power is the least restrictive alternative that would prevent viral transmission.

The author carefully examines the levels of risk posed by behavior which can potentially transmit human immunodeficiency virus (HIV), and demonstrates that compulsory …

Hospitals, Health Care Professionals, And Aids: The "Right To Know" The Health Status Of Professionals And Patients, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article addresses why patients and health care professionals (HCPs) with human immunodeficiency virus (HIV) should have autonomy and privacy rights to choose whether to consent to an HIV test and to disclose their serologic status. It also demonstrates that the risk of HIV transmission in health care settings is exceedingly low, that it is probably lower than other well-accepted risks taken by patients and professionals, and that there are other less intrusive ways to further reduce the risk. The article concludes that knowledge of a patient's serologic status is unlikely to reduce risk, since no effective action could be …

What's Current In Asbestos Regulations, Janis L. Kirkland

University of Richmond Law Review

Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

From Medicalization To Legalization To Politicization: Cruzan, O'Connor And Refusal Of Treatment In The 1990s, Sandra H. Johnson

All Faculty Scholarship

End-of-life decisionmaking is very often accompanied by high stakes and human drama, as evinced in the 1988 decisions of In re Westchester County Medical Center (O’Connor) and Cruzan v. Harmon. This article analyzes these two legal battles both for their place in the jurisprudence of medical treatment decisionmaking of the 1980s and foreshadowing of 1990s conflicts.

The article begins with a discussion of the O’Connor and Cruzan decisions. In O’Connor, the New York Court of Appeals ordered treatment of a significantly brain damaged patient over and above the wishes of the family, requiring “clear and convincing evidence” of the patient’s …

Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney

All Faculty Scholarship

This article considers quality-based justifications for antitrust challenges to collaboration among health care professionals. It first examines doctrinal developments resisting such justifications and, with a skeptical eye, analyzes attempts to interject quality of care and worthy motive defenses into antitrust appraisals of horizontal restraints of trade. Next the article assesses the economic basis and the risks and benefits of a market failure defense that would allow some quality-enhancing restraints of trade to escape antitrust challenge. Its principle recommendation is that courts recognize a narrow, market failure defense subject to several limiting principles to cabin its reach. The article concludes by …

Evaluating Child Care Legislation: Program Structures And Political Consequences, Lance Liebman

Faculty Scholarship

The American political system is not good at choosing among worthy goals and then adopting programs well designed to achieve the desired purposes. Scholars and activists continue to debate the success and failure of the last quarter century of efforts to reduce inequality and achieve other social reforms. But we have no well developed methodology for evaluating proposed programs and attempting to predict their likely consequences.

This Article asks what we know about choosing legal structures for programmatic efforts that seek social change. In particular, it asks whether we can predict relationships between different ways of pursuing public ends and …

The Law Of Continuing Care Facilities In North Carolina, Harry E. Groves

North Carolina Central Law Review

No abstract provided.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Board Of Pharmacy, K. Murphy Mallinger

California Regulatory Law Reporter

No abstract provided.

Board Of Examiners In Veterinary Medicine, D. Kelly

California Regulatory Law Reporter

No abstract provided.

Board Of Dental Examiners, M. Lally

California Regulatory Law Reporter

No abstract provided.

Board Of Vocational Nurse And Psychiatric Technician Examiners, M. Nelson

California Regulatory Law Reporter

No abstract provided.

Board Of Chiropractic Examiners, J. Polgrean

California Regulatory Law Reporter

No abstract provided.

Osteopathic Medical Board Of California, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Board Of Medical Quality Assurance, A. Maletis, K. Murphy Mallinger, D. Wyzga

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, K. Rager

California Regulatory Law Reporter

No abstract provided.

Board Of Optometry, M. Shaffer

California Regulatory Law Reporter

No abstract provided.

Board Of Examiners Of Nursing Home Administrators, J. Hardy

California Regulatory Law Reporter

No abstract provided.

Health Law—Vaccine Injuries—Federal Law Prescribes Procedures For Alternatives To Tort Actions For Vaccine-Related Injuries. The National Childhood Vaccine Injury Compensation Act Of 1986. 43 U.S.C. §§ 300aa-1 To -34 (Supp. Iv 1986)., Victoria Bennett

University of Arkansas at Little Rock Law Review

No abstract provided.

Medical Surveillance Damages: A Solution To The Inadequate Compensation Of Toxic Tort Victims, Alan T. Slagel

Indiana Law Journal

No abstract provided.

The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith

North Carolina Central Law Review

No abstract provided.

An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell

Seattle University Law Review

The purpose of this Comment is to develop an economic analysis of possible blood products liability rules in order to determine what the effects of such rules are on blood users and providers. To the extent that current liability rules fail to promote an efficient allocation of risks and resources, this Comment will propose changes designed to correct such deficiencies.

Health Care As A Laboratory For The Study Of Law And Policy, Clark C. Havighurst

Journal of Legal Education

No abstract provided.

A "Bioethics" Approach To Teaching Health Law, Alexander Morgan Capron

Journal of Legal Education

No abstract provided.

Financing Uncompensated Care: An Approach To The Issues, James F. Blumstein

Journal of Legal Education

No abstract provided.

Medical Peer Review, John D. Blum

Journal of Legal Education

No abstract provided.

Peer Review: Teaching The Relation Between Cost And Quality, Barry R. Furrow

Journal of Legal Education

No abstract provided.

Teaching Antitrust To Health Law Students: Peer Review As A Case Study, Frances H. Miller

Journal of Legal Education

No abstract provided.

A Scarcity Of Organs, Judith Areen

Journal of Legal Education

No abstract provided.