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- Patient competency (2)
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Articles 1 - 21 of 21
Full-Text Articles in Law
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
Brendan M. Conner
Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Brendan M. Conner
The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay
The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay
Matthew Raj
Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of …
From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas
From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas
Frederick H. Zemans
No abstract provided.
A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas
A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas
Frederick H. Zemans
No abstract provided.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Brendan M. Conner
Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel
Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel
Mark Spiegel
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Welfare Fraud And The Fourth Amendment , Erik Luna
The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney
The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney
Patricia Rooney
No abstract provided.
Poverty As An Everday State Of Exception, Julie Nice
Poverty As An Everday State Of Exception, Julie Nice
Julie A. Nice
This essay applies the provocative theory of Italian philosopher Giorgio Agamben to Poverty Law. It is forthcoming as a book chapter in a multidisciplinary volume of papers exploring the relations between accumulation and insecurity. Professor Nice distills Agamben's theory of the state of exception, that the dominant paradigm of modern democracy is founded on the state's power to exclude from rights those who are otherwise included within the political order. Professor Nice posits that the state's abandonment of poor people exemplifies an everyday example of the state of exception. She illustrates how poor people lack meaningful constitutional protection, legal entitlement, …
Just Contracts And Catholic Social Teaching: A Perspective From American Law, Vincent Rougeau
Just Contracts And Catholic Social Teaching: A Perspective From American Law, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice
Julie A. Nice
This essay is drawn from a keynote address for a symposium on Ten Years After Welfare Reform: Making Work Pay. The keynote was delivered on the fortieth anniversary of the assassination of Martin Luther King, Jr., who was then on the cusp of launching his Poor People’s Campaign. Professor Nice argues that the momentum toward a meaningful anti-poverty movement was stymied by the untimely deaths in 1968 of both Dr. King and the leading anti-poverty scholar, Professor Jacobus tenBroek. Examining anti-poverty policy over the forty years since their deaths, Professor Nice criticizes the narrow focus of scholars on social policy, …
Rättighetssubjekt Eller Omsorgsobjekt - Hand I Hand Eller Stick I Stäv? Exemplet Barn I Institutionsvård, Titti Mattsson
Rättighetssubjekt Eller Omsorgsobjekt - Hand I Hand Eller Stick I Stäv? Exemplet Barn I Institutionsvård, Titti Mattsson
Titti Mattsson
No abstract provided.
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Titti Mattsson
In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.
Enter The Poor: American Welfare Reform, Solidarity And The Capability Of Human Flourishing, Vincent Rougeau
Enter The Poor: American Welfare Reform, Solidarity And The Capability Of Human Flourishing, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer
A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer
Charles H. Baron
Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …