Law Commons^™

Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet

RISK: Health, Safety & Environment (1990-2002)

In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.

United States Department Of Labor V. Triplett: Black Lung Claimants Will Continue To Suffer From A Lack Of Legal Representation, Robert A. Campbell

West Virginia Law Review

No abstract provided.

Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty

RISK: Health, Safety & Environment (1990-2002)

In this part, Professor Petty examines bicycle Risk in detail, comparing the accomplishments of the CPSC's bicycle standard with market forces resulting in, e.g., the development and use of hardshell bicycle helmets. Moreover, he briefly discusses the role of tort liability in managing Risk. Ultimately he concludes that, in the case of bicycle safety, regulation has failed to be as effective as other forces tending to reduce bicycle injuries. [Part I appears at 77.]

Predictive Probabilities In Employee Drug-Testing, John M. Gleason, Darold T. Barnum

RISK: Health, Safety & Environment (1990-2002)

Substance abuse in the U.S. has been estimated to cost $99 billion annually through lower productivity. Yet the authors urge caution in attempting to reduce these costs and health and safety Risks. In doing so, they cite commonly high frequencies of false negatives and false positives in employee drug tests - the latter having the potential to do great injustice to many drug-free employees.

Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty

RISK: Health, Safety & Environment (1990-2002)

This part of the article describes events leading to the creation of the Consumer Product Safety Commission - and the on-going debate between those who believe safety regulation is necessary and those who believe that market forces can achieve acceptable levels of Risk. The author also sets the stage for a detailed examination of bicycle Risk. In the next issue, he compares the accomplishments of the CPSC's bicycle standard with, e.g., the development and use of hard-shell bicycle helmets. Moreover, he discusses the role of tort liability in managing Risk and ultimately concludes that, in the case of bicycle safety, …

Review Of John V. Schappi, Improving Job Attendance (Bna Books), W. J. Hankins

RISK: Health, Safety & Environment (1990-2002)

Review of JOHN V. SCHAPPI, IMPROVING JOB ATTENDANCE. (BNA Books 1988.) [187 pp.] Appendices, bibliography, index. LC 87-27638; ISBN 0-87179-535-3

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.

Book Reviews, John M. Gleason

RISK: Health, Safety & Environment (1990-2002)

Reviews of the books: Mark A. Rothstein, Medical Screening and the Employee Health Cost Crisis (BNA Books 1989). Foreword Edward L. Baker, MD, MPH. 296 pp. Notes, figures, tables, glossary of legal terms, glossary of medical and health care terms, table of cases and index. LC 89-977; ISBN 0-87179-628-7.

Robert Decresce, Mark Lifshitz, Adrianne Mazura, & Joseph Tilson, Drug Testing In The Workplace (ASCP Press and BNA Books 1989). Forewords by Edward Miller, JD and George Lundberg, MD. 278 pp. Notes, figures, tables, table of cases and index. LC 88-39191; ISBN 0-89189-260-5 (ASCP), 0-87179-588-4 (BNA). Both of these books deal …

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …

Patient Perceptions Of Drug Risks And Benefits, Michael S. Brown, Linda J. Wastila, Carol I. Baras, Louis Lasagna

RISK: Health, Safety & Environment (1990-2002)

This is a report of a pilot study conducted to examine patients' perceptions of drug Risks and benefits. While all of the factors influencing such perceptions are important, the findings about the extent to which views are affected by patient understanding of and confidence in regulatory oversight should be of professional interest to an especially broad audience.

Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.

Anencephalic Newborns As Organ Donors: An Assessment Of "Death" And Legislative Policy, Kathleen L. Paliokas

William & Mary Law Review

No abstract provided.

The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.

Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler

West Virginia Law Review

No abstract provided.

Nursing Malpractice--The Nurse's Duty To Follow Orders, Barbara R. Benninger

West Virginia Law Review

No abstract provided.

A Crisis In Insurance, Benjamin Lipson

New England Journal of Public Policy

As the life and health insurance industry evaluates its long-term financial goals, the cloud of Black Monday — October 19, 1987, the day the stock market collapsed — blurs its cherished investment income projections. With investment portfolios under siege, mutual life insurance companies and stock companies alike are wary of making policy-pricing miscalculations that could prove to be disastrous. As if that weren't enough, one single disease — acquired immunodeficiency syndrome — looms as the most serious threat to life and health insurers for the remainder of this century. The spread of the new disease has caused insurers to adjust …

The Aids Epidemic: A Prism Distorting Social And Legal Principles, Alec Gray

New England Journal of Public Policy

The AIDS epidemic is affecting American society in far-reaching and unexpected ways. It touches our institutions, our value systems, and our private lives. Social issues seem to change and become distorted by the epidemic 's prismlike effect. This article examines some of the major public health issues raised by the epidemic, ranging from testing to contact tracing and quarantine. It argues that while the civil rights of individuals may have to be sacrificed to stem the spread of the disease, those rights should not be abandoned unless a clear benefit to the public health would result.

Issues of discrimination in …

Liability For Transmission Of Aids In The Hospital Workplace: A Critique Of Mandatory Aids Testing Of Hospital Patients, Anne Shaffer

West Virginia Law Review

No abstract provided.

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.

Problem Behavior: Pathology, Lawyers, And Referrals, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton

Cleveland State Law Review

Medicine and law emerged in the early decades of the twentieth century as strong, highly organized professions with high status, increasing rewards, and growing autonomy. Professional claims of esoteric knowledge, collegial solidarity, and disinterestedness were accepted by members of the profession and the general public. Professional schools in both disciplines forged university connections and achieved dominant positions in the preparation of new professionals. Patterns of medical and legal education established during this formative period, extending roughly from 1890 to 1920, have been highly persistent. Despite these similarities, educators in the two professions have proceeded in isolation from one another. There …

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Regulating Human Gene Therapy, Judith Areen

West Virginia Law Review

No abstract provided.

The Federal Black Lung Program--The View From The Top, Robert L. Ramsey, Robert S. Habermann

West Virginia Law Review

No abstract provided.

Medicare Prospective Payment: A Quiet Revolution, J. Timothy Philipps, Don E. Wineberg

West Virginia Law Review

No abstract provided.

Tort Liability Of Institutional Review Boards, Linda Bordas

West Virginia Law Review

No abstract provided.

Black Lung Benefits Amendments Of 1981: Transfer Of Special Claims Under Section 205, James B. Stoneking

West Virginia Law Review

No abstract provided.

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.

Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi

West Virginia Law Review

No abstract provided.