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Articles 1 - 30 of 47
Full-Text Articles in Law
Material Lives: Amending The False Claims Act To Restore Qui Tam Medicaid Enforcement And Protect Our Most Vulnerable Communities, C. Deen
Washington and Lee Journal of Civil Rights and Social Justice
In 2016, the Supreme Court granted cert. in Universal Health Services, Inc. v United States ex rel. Escobar to resolve a circuit split on implied certification under the False Claims Act. The Court’s opinion also addressed the issue of materiality under the False Claims Act. The “rigorous standard” expounded by the Court raised the standard of materiality beyond simple contractual or regulatory noncompliance. This heightened standard represents a significant departure from previous jurisprudence. Moreover, the heightened standard frustrates the repeatedly expressed will of Congress to empower qui tam whistleblowers to prosecute fraud perpetrated on the government. The primary focus of …
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
Washington and Lee Law Review
This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.
The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies …
A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn
A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn
Washington and Lee Law Review
No abstract provided.
Asbestos Wars: In Three Parts, David Partlett
Asbestos Wars: In Three Parts, David Partlett
Washington and Lee Law Review
No abstract provided.
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Washington and Lee Law Review
No abstract provided.
Coercion, Consent, Compassion, John D. King
Coercion, Consent, Compassion, John D. King
Washington and Lee Law Review
No abstract provided.
Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan
Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan
Washington and Lee Law Review
No abstract provided.
Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan
Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan
Washington and Lee Law Review
No abstract provided.
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Washington and Lee Law Review
No abstract provided.
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
The Epa's Hpv Challenge Program: A Tort Liability Trap?
The Epa's Hpv Challenge Program: A Tort Liability Trap?
Washington and Lee Law Review
No abstract provided.
Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams
Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams
Washington and Lee Law Review
No abstract provided.
In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie
In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie
Washington and Lee Law Review
No abstract provided.
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Washington and Lee Law Review
No abstract provided.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Washington and Lee Law Review
No abstract provided.
The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus
The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus
Washington and Lee Law Review
No abstract provided.
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
Washington and Lee Law Review
No abstract provided.
Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost
Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost
Scholarly Articles
This article summarizes the rights of the embryo and fetus under American law. It was presented as a country report at the World Congress on Comparative Law, and is written primarily for a non U.S. audience. It examines, for example, the legal position of the embryo and fetus with respect to their parents, issues in research involving embryos and fetuses, remedies for torts or crimes against an embryo or fetus, and issues involving stem cell research.
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Scholarly Articles
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …
You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver
You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver
Washington and Lee Law Review
No abstract provided.
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Scholarly Articles
In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.
In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …
Medical Futility: A Futile Concept?, Keith Shiner
Medical Futility: A Futile Concept?, Keith Shiner
Washington and Lee Law Review
No abstract provided.
Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash
Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash
Washington and Lee Law Review
No abstract provided.
Case Comments K. Hospitals Baber V. Hospital Corp. Of America
Case Comments K. Hospitals Baber V. Hospital Corp. Of America
Washington and Lee Law Review
No abstract provided.
Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones
Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing?
Washington and Lee Law Review
No abstract provided.