Law Commons^™

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals

An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein

Faculty Scholarship

No abstract provided.

Health Bills: What's At The Core, Robert B. Leflar

Robert B Leflar

Column 2 (of 5) on the health reform debate: explanation of the legislation.

Health Care: Yellow Lights, Red Flags, Robert B. Leflar

Robert B Leflar

Column 1 (of 5) on the health reform debate

Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer

Matthew Rimmer

In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …

Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan

University of Richmond Law Review

No abstract provided.

A Defense Of Stem Cell Research, Gregory Dolin

Gregory Dolin

Isolation of human embryonic stem cells in 1998 simultaneously caused great excitement and concern in the scientific community and the population at large. The great promises that the discovery held were viewed with suspicion by many, because the isolation of these stem cells involved destruction of an embryo, and thus, according to some, destruction of innocent human life. Full ten years later, the debate still rages. The present Article proposes a solution to this debate.The solution concedes that the embryo is a human being entitled to full moral protection. Having made that concession, however, the Article proceeds to argue that …

A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.

Indiana Law Journal

No abstract provided.

Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.

A Defense Of Embryonic Stem Cell Research, Gregory Dolin

All Faculty Scholarship

On November 21, 2007, sensational scientific developments were reported by major newspapers, both in the United States and abroad. The media reported a new breakthrough in the area of stem cell research. According to two articles published in Science and Cell (both highly respected scientific journals), two teams of scientists were able to “reprogram” adult stem cells into embryonic stem cells, without actually having to experiment on embryos. The discovery was immediately hailed by the White House and other opponents of embryonic stem cell research. The New York Times gushed that the “stem cell wars” may be at an end. …

Media Futures: A Review Essay On 'The Future Of Reputation', 'Tv Futures', And 'The Future Of The Internet And How To Stop It', Prometheus, Vol. 27 (3), P. 267-279., Matthew Rimmer

Matthew Rimmer

This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke

Matthew Rimmer

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …

Baby Doe Cases: Compromise And Moral Dilemma, Phoebe Haddon

Phoebe A. Haddon

No abstract provided.

Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer

Matthew Rimmer

This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. …

A Submission To The House Standing Committee On Procedure Inquiry Into The Effectiveness Of House Committees, Simon Rice, Matthew Rimmer

Matthew Rimmer

Thank you for the opportunity to make a submission to your inquiry into the effectiveness of the House Committees. Our Parliamentary committees have six basic roles: to advise, to inquire, to administrate, to legislate, to negotiate, and to scrutinise and control’. After a slow start in Australia, committees have become increasingly important to democratic governance in Australia.

The committees’ effective performance of their tasks are vital to a healthy Australian democracy. It is our experience, as frequent participants in parliamentary committee inquiries, that the committees are not sufficiently resourced, in time and personnel, to effectively discharge their increasingly important role.

Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review

No abstract provided.

Finding The Middle Ground: Acuna V. Turkish And The New Jersey Supreme Court's Reaffirmation Of A Doctor's Role Under The Doctrine Of Informed Consent In The Digital Age, Allyson M. Rucinski

Pace Law Review

No abstract provided.

Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.

The Synergy Of Early Offers And Medical Explanations/Apologies, Christopher J. Robinette

NULR Online

Medical malpractice law has been subjected to strong criticism by both medical and legal commentators. It has been challenged as inefficient, inaccurate, and even counterproductive. Although many reforms have been proposed, most tend to benefit one group—either physicians or patients—to the exclusion of the other. Professor Jeffrey O’Connell’s “early offers” proposal provides a reform of the system that is beneficial to plaintiffs, defendants, and society as a whole. Although some attention has been paid to combining early offers with explanations of the incident or with apologies, the idea has never received a focused analysis. Recent scholarship on explanations and apologies …

Arguing Patentability With Motif Analysis And Gene Sequence Alignments, Brendan O. Baggot

Brendan O. Baggot

No abstract provided.

Keeping The Label Out Of The Case, Pearson Bownas, Mark Herrmann

NULR Online

No abstract provided.

Taking The Molst (Medical Orders For Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, Amy T. Campbell

Pace Law Review

No abstract provided.

The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky

Articles

No abstract provided.

A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki

All Faculty Scholarship

State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …

A Submission To The Senate Community Affairs Committee Inquiry Into Gene Patents, Matthew Rimmer

Matthew Rimmer

I am a senior lecturer and the associate director for research at the Australian National University College of Law based in Canberra, Australia. I am also an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). I have a BA (Hons) and a University Medal in literature, and a LLB (Hons) from the Australian National University, and a PhD in law from the University of New South Wales. I am a member of the Copyright and Intellectual Property Advisory Group of the Australian Library and Information Association, and a director of the Australian Digital Alliance. I am …

Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr

Brigham Young University Journal of Public Law

No abstract provided.

The Tort Of Betrayal Of Trust, Caroline Forell, Anna Sortun

Caroline A Forell

Fiduciary betrayal is a serious harm. When the fiduciary is a doctor or a lawyer, and the entrustor is a patient or client, this harm frequently goes unremedied. Betrayals arise out of disloyalty and conflicts of interest where the lawyer or doctor puts his or her interest above that of his or her client or patient. It causes dignitary harm that is different from the harm flowing from negligent malpractice. Nevertheless, courts, concerned with overdeterrence, have for the most part refused to allow a separate claim for betrayal. In this Article, we suggest that betrayal deserves a remedy and propose …

Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin

Articles & Chapters

No abstract provided.

Inconsistent State Court Rulings Concerning Pregnancy-Related Behaviors, Lidia Hoffman, Monica K. Miller

Journal of Law and Health

State courts vary in their willingness to protect pregnant women's rights to self-determination, bodily integrity, privacy, and religious freedom; these rights are sometimes outweighed by fetal rights to live. Different state courts have issued many competing decisions, which emphasizes a lack of unification in this area of law. This inconsistency in the law creates confusion for women concerning the scope of their legal protections and alters women's selection of prenatal care and decision to give birth. Thus, it is important to recognize the prevailing themes and grounds on which courts have rested their opinions. An analysis of these state court …

Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith

Journal Publications

The world of organ transplantation remains a wealthy one, especially in the United States. This is especially true for kidney transplantations, which involve the solid organ most in demand. Increasingly, transplant professionals desperately push for more solutions to overcome the organ transplant shortage that exists in the United States. Congress has introduced legislation that addresses the additional problem of the high cost of post-transplant anti-rejection medications by providing that the government will pay eighty percent of the cost for the post-transplant medications for life. But unless this bill passes and other needed changes are made, kidney transplantation remains an option …