Law Commons^™

Human Gene Therapy And The Law: An Introduction To The Literature, Edward J. Larson

Scholarly Works

This essay will review introductory selections on the law of human gene therapy in the context of four common starting points: the discovery of DNA structure, past efforts to regulate genetic engineering, America's experience with eugenics, and historical, constitutional, or cultural values.

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.^{2 …}

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Law Faculty Scholarly Articles

Injuries from adverse drug reactions have increased dramatically in recent years. This increase is largely attributable to the changing nature of pharmaceutical products. First of all, more pharmaceutical products are currently available to physicians than ever in history. Presently, there are more than ten thousand prescription drugs on the market, and each year four hundred to five hundred new ones are introduced. Second, modern drugs often are more potent than their older counterparts, thus increasing the likelihood of adverse reactions.

It should come as no surprise that this rise in the number of drug-related injuries has led to a comparable …

Discrimination: The Difference With Aids, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

The Medical Malpractice Explosion: An Empirical Assessment Of Trends, Determinants, And Impacts, Michael J. Trebilcock, Donald N. Dewees, David G. Duff

All Faculty Publications

This article briefly describes trends in the frequency and severity of medical malpractice claims in Canada and the U.S., with some comparative references to trends in Britain and Australia. In all cases, frequency and severity rates appear to have risen quite dramatically over the past decade and a half. The article proceeds to explore various hypotheses that might explain these trends. While empirical analysis does not yield firm conclusions, the fact that so many jurisdictions have experienced a somewhat similar phenomenon makes it doubtful that the primary cause of the increase is likely to be idiosyncratic features of one particular …

Recognizing Personhood And The Right To Die With Dignity, George P. Smith Ii

Scholarly Articles

Death cannot be viewed properly as either an event or a configuration. Indeed, multiple parts of the body can continue to live long after the disintegration of its central organization is recorded. Instead of collapsing at a moment in time, technological mechanisms are capable of sustaining the major bodily processes indefinitely--all designed to allow for the harvesting of needed organs for transplantation. State legislative efforts have been undertaken in America to define those specific circumstances when death occurs legally. Although always allowed to exercise reasonable discretion in their decision making, attending physicians will nonetheless be aided by these laws that …

Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such developments as deinstitutionalization, the least restrictive alternative doctrine, normalization, mainstreaming,and outpatient commitment-is based on the idea that, in caring for the mentally disabled, we should favor placement in the community rather than in institutions segregated from mainstream populations. The community-first idea is not unanimously supported. But Congress, many courts, and countless advocacy groups composed of lawyers, mental health professionals and laypeople have rallied behind the community first standard as …