Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 14011 - 14040 of 14631

Full-Text Articles in Law

Paternalism, James W. Nickel Apr 1985

Paternalism, James W. Nickel

Articles

No abstract provided.


Reducing Diet-Induced Cancer Through Federal Regulation: Opportunities And Obstacles, Richard A. Merrill Apr 1985

Reducing Diet-Induced Cancer Through Federal Regulation: Opportunities And Obstacles, Richard A. Merrill

Vanderbilt Law Review

For more than a decade, federal health regulatory agencies have devoted major attention to controlling human exposure to substances believed capable of causing cancer. These efforts have evoked a broad spectrum of criticism; government has been accused of both indolence in the face of an incipient epidemic' and reckless distortion of science to support restrictions on substances that present only trivial risks. A central object of regulatory concern has been the safety of the food supply. At least since the 1958 Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act),'with its famous Delaney Clause, the Food …


Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith Apr 1985

Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith

North Carolina Central Law Review

No abstract provided.


Regulating Heart And Liver Transplantation, George J. Annas Apr 1985

Regulating Heart And Liver Transplantation, George J. Annas

Faculty Scholarship

Organ transplantation has been a favorite topic of health lawyers since its inception. Organ procurement was addressed with the adoption of the Uniform Anatomical Gift Act in all fifty states, and "brain death" has been recognized both judicially and legislatively across the United States. Nonetheless, it is now apparent that the major problems in organ transplantation are not legal in nature, and thus neither are the solutions. Heart and liver transplants are extreme and expensive medical interventions that few individuals can afford and few hospitals can offer. In an era of economic scarcity, how (if at all) should organ transplant …


Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review Feb 1985

Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review

Michigan Law Review

A Review of Of Foxes and Hen Houses: Licensing and the Health Professions by Stanley J. Gross


Selective Nontreatment Of Handicapped Newborns, Michigan Law Review Feb 1985

Selective Nontreatment Of Handicapped Newborns, Michigan Law Review

Michigan Law Review

A Review of Selective Nontreatment of Handicapped Newborns by Robert Weir


Aids Chr; Series Ii; File 6, Juanita Hunter Jan 1985

Aids Chr; Series Ii; File 6, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Board Orientation; Series Ii; File 15, Juanita Hunter Jan 1985

Board Orientation; Series Ii; File 15, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Evaluation Committee; Series Ii; File 43, Juanita Hunter Jan 1985

Evaluation Committee; Series Ii; File 43, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Final Task Force; Series Ii; File 48, Juanita Hunter Jan 1985

Final Task Force; Series Ii; File 48, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Minority Caucus; Series Ii; File 69, Juanita Hunter Jan 1985

Minority Caucus; Series Ii; File 69, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


News Release; Series Ii; File 75, Juanita Hunter Jan 1985

News Release; Series Ii; File 75, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Informed Consent To Participation In Medical Research Employing Elderly Human Subjects, Robert L. Schwartz Jan 1985

Informed Consent To Participation In Medical Research Employing Elderly Human Subjects, Robert L. Schwartz

Faculty Scholarship

The primary question facing researchers who intend to employ elderly human subjects is whether their subjects' advanced age requires that the protection of their autonomy be accomplished in some manner that is different from that employed to protect other subjects. Answering this question will require an analysis of whether elderly subjects have a greater or lesser interest in autonomy than do others who might be subjects in human research, and whether it is more or less important to protect them from potential research abuse. This article will suggest that the elderly may possess several attributes that require that they be …


Future Of Nursing Papers; Series I; File 80, Juanita Hunter Jan 1985

Future Of Nursing Papers; Series I; File 80, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Primary Health Care; Series Ii; File 96, Juanita Hunter Jan 1985

Primary Health Care; Series Ii; File 96, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Presentation Guidance Counselors; Series I; File 123, Juanita Hunter Jan 1985

Presentation Guidance Counselors; Series I; File 123, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


The Illinois Parental Notice Abortion Act: Legal And Ethical Ramifications Of A Physician's Decision To Give Parental Notification, 18 J. Marshall L. Rev. 475 (1985), Edward Eshoo Jr. Jan 1985

The Illinois Parental Notice Abortion Act: Legal And Ethical Ramifications Of A Physician's Decision To Give Parental Notification, 18 J. Marshall L. Rev. 475 (1985), Edward Eshoo Jr.

UIC Law Review

No abstract provided.


Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat Jan 1985

Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat

UIC Law Review

No abstract provided.


In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover Jan 1985

In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover

UIC Law Review

No abstract provided.


Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron Jan 1985

Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron

UIC Law Review

No abstract provided.


The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst Jan 1985

The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst

UIC Law Review

No abstract provided.


Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein Jan 1985

Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein

Faculty Scholarship

This Article explores some of the problems hospitals face in avoiding liability for the negligence of their independent contractors.  After a critical analysis of the theories underlying imposition of liability, we discuss the sometimes conflicting public policy considerations respecting the mandates given to the modern hospital as these mandates affect hospitals’ liability.


Patients, Agents, And Informed Consent, Joram Graf Haber Jan 1985

Patients, Agents, And Informed Consent, Joram Graf Haber

Journal of Law and Health

In Part II of this article, I develop the "patient" / agent distinction from the vantage point of humanistic ethics. This is the view that the knowledge of man is the basis for establishing norms and values. In Part III, I argue that the "patient" / agent distinction correlates the the Kantian notions of heteronomy / autonomy, and disrespect for autonomy / respect for autonomy. In Part IV, I show that the "patient" / agent distinction also correlates with the standards of disclosure the courts have adopted in deciding informed consent cases. Finally, in Part V, I show how the …


Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden Jan 1985

Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden

Journal of Law and Health

The development of alternate health care delivery and reimbursement mechanisms, particularly those known as "Preferred Provider Organizations" (PPOs), raise a multitude of legal issues. Each PPO will exist in different market conditions and under different state laws. Therefore, while this Article seeks to identify and discuss the legal issues, it cannot provide definitive answers. This Article can, however, serve as a guideline or checklist for PPO analysis and provide recommendations and alternatives for dealing with the legal roadblocks that occur in the formation and operation of PPOs. This discussion will be general in nature and cannot substitute for legal advice …


Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman Jan 1985

Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Medical Authority And Infanticide, Patrick A. Malone Jan 1985

Medical Authority And Infanticide, Patrick A. Malone

Journal of Law and Health

This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …


Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr. Jan 1985

Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.

University of Baltimore Law Review

The authors note that Maryland's system for health claims arbitration has failed to reduce the number of malpractice suits, the size of damages awards, or the delay in resolving these claims. After reviewing the current system, its strengths and weaknesses, and various proposals to remedy its problems by amending the current legislation, the authors advance their own suggestions for amending Maryland's health claims arbitration legislation.


Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen Jan 1985

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.


Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough Jan 1985

Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough

Cleveland State Law Review

It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …


Privacy Rights In Medical Records, Carole M. Cleaver Jan 1985

Privacy Rights In Medical Records, Carole M. Cleaver

Fordham Urban Law Journal

The privacy interest recognized in medical records is in its infancy, as legal protections of personal information are relatively new. Major changes in medical technology, the introduction of third-party payment, government participation in medical care, and computerization of record-keeping have expanded the amount, type and accessibility of health data available about a patient. Concurrently, health records are now requested for a number of purposes, such as, legal actions, law enforcement, public health evaluation, employment, credit-rating, etc. Only limited access to these records should be permitted in order to protect the patient, yet public policy concerns also call for the disclosure …