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Making Health Care Decisions: A Report On The Ethical And Legal Implications Of Informed Consent In The Patient-Practitioner Relationship, Volume 1, Michigan Law Review

Michigan Law Review

A Review of Making Health Care Decisions: A Report on the Ethical and Legal Implications of Informed Consent in the Patient-Practitioner Relationship, Volume 1 by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris

Background Materials, Meeting With Chancellor; Series I; File 26, Juanita Hunter

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

No abstract provided.

Evaluation Convention; Series Ii; File 44, Juanita Hunter

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

No abstract provided.

Ombudsman; Series Ii; File 86, Juanita Hunter

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

No abstract provided.

Historical & Resolution; Series Ii; File 38, Juanita Hunter

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

No abstract provided.

Social Policy; Series Ii; File 103, Juanita Hunter

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

No abstract provided.

Rct Proposal; Series Ii; File 97, Juanita Hunter

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

No abstract provided.

Handicapped Babies And The Law: The United States Position, George P. Smith Ii

Scholarly Articles

No abstract provided.

Quality Of Life, Sanctity Of Creation: Palliative Or Apotheosis?, George P. Smith Ii

Scholarly Articles

This Article will suggest an approach to facilitate decision-making where the concepts of quality of life and sanctity of life appear to clash. It is hoped that a reconciliation of these two ideas will provide an alternative to the increasing federal intervention in the process of family decision-making vis-a-vis handicapped infants.

The construct will combine deontological standards with situational, or consequential, ethics. This unique synthesis will then be placed within a sphere of expanded family advisers-medical, social, spiritual, legal, etc.-who are called into being with the birth of a genetically defective newborn. The force of the construct arises from the …

The Plight Of The Genetically Handicapped Newborn: A Comparative Analysis, George P. Smith Ii

Scholarly Articles

Confusion and controversy surround efforts to re-evaluate and, thus, redefine the extent to which governmental intrusion should be allowed in the doctor-patient relationship vis-a-vis the treatment or non treatment of genetically handicapped, at risk infants. The purpose of this article is to present a succinct comparative analysis of the medical-legal posture in Britain and the United States and from this analysis to develop a construct to aid the physician and the family in making decisions concerning the administration or the withholding of treatment for genetically defective newborns.

Sexuality, Privacy And The New Biology, George P. Smith Ii, Roberto Iraola

Scholarly Articles

This Article investigates two alternative methods of human conception: Specifically, the artificial insemination of unmarried women for either their own personal purposes of pregnancy without the benefit of marriage or as surrogates for infertile women. Surrogation is evaluated, then, as an analytic complement to the sexual privacy of women who are expressing their sexual freedom through unconventional means to become pregnant.

The conclusion drawn is that an unmarried woman’s fundamental right to privacy or procreation does not encompass a right to either artificial insemination or surrogation. To allow unfettered access to these two methods of conception would - quite simply …

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds

Seattle University Law Review

This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.

Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman

Law Faculty Articles and Essays

No abstract provided.

Terminating Social Security Disability Benefits: Another Burden For The Disabled?, Beth S. Glassman

Fordham Urban Law Journal

Recent legislation has led to removal of more than 374,000 individuals from the Social Security disability rolls. After a study indicated that a significant percentage of beneficiaries were not actually entitled to Social Security disability payments, the Act was amended to provide for mandatory and frequent review of nearly all individuals on disability, resulting in the rise in removals. Removing large numbers of disabled individuals from the disability rolls shifts the responsibility for their care from the federal to the municipal level. While circuits do not have a unified view of the burden of proof in disability benefit termination proceedings, …

The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione

Fordham Urban Law Journal

Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …

Chr; Series Ii; File 22, Juanita Hunter

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

No abstract provided.

Correspondence; Series Ii; File 27, Juanita Hunter

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

No abstract provided.

Exec. Comm. & Bd. Of Dir. Meetings; Series Ii; File 40, Juanita Hunter

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

No abstract provided.

Meeting Attendance; Series Ii; File 66, Juanita Hunter

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

No abstract provided.

Peer Review; Series Ii; File 88, Juanita Hunter

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

No abstract provided.

Search Committee; Series Ii; File 101, Juanita Hunter

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

No abstract provided.

Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Articles & Book Chapters

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …

Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone

Cleveland State Law Review

I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …

Amniocentesis, Coercion, And Privacy, Charles E. Rice

Journal Articles

The 1973 abortion decisions of the Supreme Court were based on a right of reproductive privacy which the Court in 1965 had discovered in certain elusive "penumbras formed by emanations from the Bill of Rights." This fictional right of privacy was used by the Court to declare unconstitutional virtually all state restrictions on abortion; according to the Court's rulings, the states have no effective power to prohibit abortion at any stage of pregnancy. Even in the third trimester, the state may not prohibit abortion where it is necessary "in appropriate medical judgment for the preservation of the life or health …

North Carolina's Medicaid Program: The Effects Of The Reagan-Era Budget Reductions, Ken Wing

Faculty Articles

This article is principally a description of the current program and the legislative and administrative changes made in response to the recent federal budget cuts, an assessment of the state's current cost containment strategy, and an analysis of the options facing North Carolina in the years to come.

Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond

Seattle University Law Review

There are several perspectives from which one could analyze the insanity defense and involuntary civil commitment in foreign legal systems. However, the comparative perspective on which this Essay is based focuses on: a) how foreign legal systems formulate and administer the insanity defense; b) how the power of the state is defined to civilly commit mentally ill persons; c) who makes the important decisions and when and how they are made; and d) what happens to offenders who are considered mentally ill and to others who are considered mentally ill and suitable for involuntary commitment.