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Articles 1 - 27 of 27
Full-Text Articles in Law
A Historical Sketch Of Anglo-American Medical Law (With Emphasis On The Maxim Of Respondeat Superior), Dennis O. Norman
A Historical Sketch Of Anglo-American Medical Law (With Emphasis On The Maxim Of Respondeat Superior), Dennis O. Norman
Akron Law Review
In MEDICAL JURISPRUDENCE, the medical and legal professions are united to encompass a wide range of human activity. The spectrum of medical law is so broad that a thorough consideration of its historical development would require the writing of several volumes. Consequently, this article confines itself to a discussion of the primary origins and major developments of Anglo American medical jurisprudence. Special emphasis has been placed upon the agency concept of respondeat superior, since this doctrine plays a prominent role in medical law and since the doctrine has been used of late to significantly expand the potential liability of the …
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
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
Timothy S. Jost
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 …
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
Timothy S. Jost
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 …
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
An Essay On Torts: States Of Argument, Marshall S. Shapo
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
The "Bad Samaritan" Paradigm, Anthony D'Amato
The "Bad Samaritan" Paradigm, Anthony D'Amato
Faculty Working Papers
This essay will attempt to show that the disparity between the rule of law and the dictates of morality is itself a product of the paradigmatic way in which the "Bad Samaritan" cases are analyzed. If we examine the cases in an entirely different way, many of the standard problems will dissolve and new alternatives will become apparent. The essay will also show that the "Bad Samaritan" paradigm is part of a larger paradigm linking the law of torts with the criminal law, which also needs to be reexamined. Finally a recommendation for dealing with the "Bad Samaritan" problem legislatively …
Health Courts?, Philip G. Peters Jr.
Health Courts?, Philip G. Peters Jr.
Faculty Publications
This article undertakes the first detailed critique of the proposal from Common Good and the Harvard School of Public Health to replace medical malpractice jury trials with adjudication before specialized health courts. Professor Peters concludes that the modest benefits likely to be produced by the current health court proposal are matched by the risks of bias and overreaching that these courts would also present. Missing from the plan is the doctrinal change mostly likely to improve patient safety - hospital enterprise liability. Without enterprise liability, the health court proposal is unlikely to achieve its patient safety goals and, as a …
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 …
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 …
Bajakajian: New Hope For Escaping Excessive Fines Under The Civil False Claims Act, Melissa Ballengee Alexander
Bajakajian: New Hope For Escaping Excessive Fines Under The Civil False Claims Act, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood
Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood
Dalhousie Law Journal
The Canadian health care system is considered a shining example of what it is to be Canadian: to aspire to social justice goals and to achieve those goals at a reasonable cost.' Canadians take great pride in that, by any measure, their health care system is superior to the piece-meal, expensive, and unjust U.S. health care system.
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Robert B Leflar
This article analyzes the development of the concept of informed consent in the context of the culture and economics of Japanese medicine, and locates that development within the framework of the nation's civil law system. Part II sketches the cultural foundations of medical paternalism in Japan; explores the economic incentives (many of them administratively directed) that have sustained physicians' traditional dominant roles; and describes the judiciary's hesitancy to challenge physicians' professional discretion. Part III delineates the forces testing the paternalist model: the undermining of the physicians' personal knowledge of their patients that accompanies the shift from neighborhood clinic to high-tech …
Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser
Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser
Kentucky Law Journal
No abstract provided.
The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor
The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor
Indiana Law Journal
No abstract provided.
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
West Virginia Law Review
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Legislative Response To Infant Doe, Abigail Lawlis Kuzma
The Legislative Response To Infant Doe, Abigail Lawlis Kuzma
Indiana Law Journal
No abstract provided.
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
University of Miami Law Review
No abstract provided.
The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death
The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death
Washington and Lee Law Review
No abstract provided.
Decisionmaking For The Incompetent Terminally Ill Patient: A Compromise In A Solution Eliminates A Compromise Of Patients' Rights, Caroline Anne Knezevich
Decisionmaking For The Incompetent Terminally Ill Patient: A Compromise In A Solution Eliminates A Compromise Of Patients' Rights, Caroline Anne Knezevich
Indiana Law Journal
No abstract provided.
In Re Quinlan: One Court's Answer To The Problem Of Death With Dignity
In Re Quinlan: One Court's Answer To The Problem Of Death With Dignity
Washington and Lee Law Review
No abstract provided.
Fetal Research--The Legislative Answer, Roberta Sue Core
Fetal Research--The Legislative Answer, Roberta Sue Core
West Virginia Law Review
No abstract provided.
Telling The Time Of Human Death By Statute: An Essential And Progressive Trend, A. Christian Compton
Telling The Time Of Human Death By Statute: An Essential And Progressive Trend, A. Christian Compton
Washington and Lee Law Review
No abstract provided.
Providing Human Organs For Medical Transplant
Providing Human Organs For Medical Transplant
Washington and Lee Law Review
No abstract provided.
Juridical Trauma And Medical Shock, Henry H. Foster Jr.
Juridical Trauma And Medical Shock, Henry H. Foster Jr.
West Virginia Law Review
No abstract provided.
Trauma In Relation To Conditions Of Lung And Thorax, Mark D. Altschule
Trauma In Relation To Conditions Of Lung And Thorax, Mark D. Altschule
Indiana Law Journal
National Symposium on "Scientific Proof and Relations of Law and Medicine," Second Series.