Law Commons^™

Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid

St. Mary's Law Journal

Abstract Forthcoming.

American Health Policy In The 1980'S, Ken Wing

Faculty Articles

The author notes that the composition of the 'fundamental problem" of rising health care costs is not easily defined. The varying interests of providers, consumers, and the government's budget diverge and overlap in a weblike maze, creating multifarious and fractured perspectives regarding what actually constitutes the problem. Consequently, no underlying ideological thread in American health care policy has emerged to direct a unified response to the 'fundamental problem." It is in this political context that American health care policy of the 1980's will be shaped. Professor Wing has undertaken an exhaustive review of both health care cost data and the …

Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth

St. Mary's Law Journal

Abstract Forthcoming.

The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.

Aids Policies Raise Civil Liberties Concerns, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Testing for the AIDS virus and segregation of AIDS carriers raise extremely important civil liberties questions in contemporary corrections. The NPP survey revealed 420 cases of fully diagnosed AIDS cases in state prisons across the country. Given the AIDS-toinfection ratio used by the U.S. Centers for Disease Control, there are between 21,000-42,000 prisoners infected with HIV. Up to 30% of these prisoners will probably develop some serious manifestations of AIDS. More importantly, this figure may continue to double every year. Corrections departments have responded to the AIDS crisis in a variety of ways: 90% use the ELISA test to detect …

The Death-Prolonging Procedures Act And Refusal Of Treatment In Missouri, Sandra H. Johnson

All Faculty Scholarship

Missouri’s Death-Prolonging Procedures Act of 1985 represents an effort to ensure that an individual’s choices regarding medical treatment will be honored, even if the individual becomes incompetent. This article considers the Act’s limiting structure and examines the effect of these limits on the effectiveness of the Act in providing a legal right to refuse medical treatment.

Following an introduction, Part II describes the limiting structure of the Act. Part III considers the way in which the Act’s limitations relate to its binding effect.

First, an individual’s declaration applies only to "death-prolonging procedures" and only if the individual is terminally ill. …

Access To Health Care And Equal Protection Of The Law: The Need For A New Heightened Scrutiny, Wendy K. Mariner

Faculty Scholarship

Proposals to reduce national expenditures for health care under Medicare and other programs raise questions about the limits on legislative power to distribute health care benefits. The constitutional guarantee of equal protection has been a weak source of protection for the sick, largely because they fail to qualify for special scrutiny under traditional equal protection analysis. Recent decisions of the United States Supreme Court suggest that the Justices seek a newer, more flexible approach to reviewing claims of unequal protection. This Article examines the application of the equal protection guarantee to health-related claims. It argues that traditional equal protection analysis …

Prospective Payment For Hospital Services: Social Responsibility And The Limits Of Legal Standards, Wendy K. Mariner

Faculty Scholarship

The author advances the argument that Diagnosis Related Groups (DRGs) should be recognized as a health care resource allocation technique. In addition, the author offers four societal goals as a gauge for measurement of DRG performance and reviews the incentives and disincentives connected with utilization of DRGs in health care allocation. Finally, the author examines the dichotomous attitudes toward health care distribution which are present in society today. The author's primary goal is to illustrate the potential inequities which could result from allowing DRGs to force allocation of health resources without any reference to social responsibility issues.

The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Some legislation, such as law permitting living wills, has addressed the problem of decisions regarding life-sustaining treatment for the elderly. Most of the developing law on the subject is, however, being made by the courts, often in prospective decisions about treatment. These rulings have followed a variety of approaches to the ends of protecting incompetent patients and enforcing the right of the competent to make their own decisions.

Barriers To Providing Effective Treatment: A Critique Of Revisions In Procedural,Substantive, And Dispositional Criteria In Involuntary Civil Commitment, Donald H. J. Hermann

Vanderbilt Law Review

Anyone spending time in a major urban center in the United States must be shocked by the significant number of mentally ill persons living on the streets--the "bag people" who sleep in door-ways, on steam grates, on subway stairs. These people represent a new lifestyle made possible in part by a policy of deinstitutionalization of the mentally ill, which has been motivated largely by economic considerations and rationalized as a matter of mental health law reform. Another major factor contributing to the increasing denial of treatment to the mentally ill has been a revision of the mental health statutes. A …

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Articles & Chapters

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Nucleus Of A Public Health Strategy To Combat Aids, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Since acquired immune deficiency syndrome (AIDS) was first identified in I98I, its rate of spread among a primarily young and vibrant population has chilled the medical and lay communities. Today, the public response is sober and oriented toward the examination of specific policies that could lessen the impact of the disease. After six years' experience it is now feasible to propose a strategy for combating AIDS. Consensus around the policies outlined in this article should form the nucleus of the public health strategy to combat AIDS before the intervention of an effective vaccine or treatment.

Aids - Pushing The Limits Of Scientific And Legal Thought, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Perhaps one of the greatest challenges to the scientific and legal community confronts us now-not by choice but by tragic happenstance. It has taken the form of a mysterious disease that is striking down its victims at an alarming rate. The disease is AIDS. The scientific community is pushing the limits of medical knowledge in its effort to cure and contain the illness. At the same time the legal community, in the face of scientific uncertainty, must balance the needs of a frightened public and the rights of those persons who are affected by the disease. One thing is clear: …

Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell

St. Mary's Law Journal

Abstract Forthcoming.

Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner

St. Mary's Law Journal

Abstract Forthcoming.

Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor

St. Mary's Law Journal

Abstract Forthcoming.

Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade

St. Mary's Law Journal

Abstract Forthcoming.

Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof

St. Mary's Law Journal

Abstract Forthcoming.

Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan

St. Mary's Law Journal

Abstract Forthcoming.

New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey

St. Mary's Law Journal

Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …

The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv

St. Mary's Law Journal

Abstract Forthcoming.

A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth

St. Mary's Law Journal

Abstract Forthcoming.

Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll

St. Mary's Law Journal

Abstract Forthcoming.

Regulating The Sale Of Human Organs, Susan J. Hankin

Faculty Scholarship

No abstract provided.

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Heifetz Hollinger

University of Michigan Journal of Law Reform

This paper argues that there is an urgent need for the creation and clarification of a legal framework within which contemporary efforts to produce or procure children can take place. State legislatures should act now in order to avoid the kind of crisis that confronts Great Britain, where an infant girl, the product of a breached surrogacy contract, has been impounded by a British court. While the court ponders how to determine the legal parentage of this particular child, Parliament considers criminal penalties for those who arrange surrogacy contracts and general regulations to constrain IVF and ET research and practice. …

Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow

University of Michigan Journal of Law Reform

Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …