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Articles 1 - 30 of 62
Full-Text Articles in Law
Pain Management, Disorders Of Consciousness, And Tort Law: An Emergency Tort To Fix A Longstanding Injustice, Joseph J. Fins, Zachary E. Shapiro
Pain Management, Disorders Of Consciousness, And Tort Law: An Emergency Tort To Fix A Longstanding Injustice, Joseph J. Fins, Zachary E. Shapiro
Indiana Law Journal
We address the systemic undertreatment of pain for individuals diagnosed with disorders of consciousness (DoC). Patients with DoC are often unable to communicate due to damage to their brains, and because DoC patients appear to be insensate, practitioners often believe that these patients are unable to feel pain and may not offer them analgesia, even before painful medical procedures. However, science shows that many DoC patients are able to feel pain, even if they are unable to communicate their distress. This Article moves from recognition of this problem to proposing solutions, in particular exploring what the legal system can do …
Healthcare Licensing And Liability, Benjamin Mcmichael
Healthcare Licensing And Liability, Benjamin Mcmichael
Indiana Law Journal
The United States’ affordable care crisis and chronic physician shortage have
required advanced practice registered nurses (APRNs) and physician assistants
(PAs) to assume increasingly important roles in the healthcare system. The increased
use of these nonphysician providers has improved access to healthcare and lowered
the price of care. However, restrictive occupational licensing laws—specifically,
scope-of-practice laws—have limited their ability to care for patients. While these
laws, by themselves, have important implications for the healthcare system, they also
interact with other legal regimes to impact the provision of care. Restrictive scopeof-
practice laws can increase the malpractice liability risk of physicians and …
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Indiana Law Journal
The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.
This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …
Surrogate Testimony After Williams: A New Answer To The Question Of Who May Testify Regarding The Contents Of A Laboratory Report, Jennifer Alberts
Surrogate Testimony After Williams: A New Answer To The Question Of Who May Testify Regarding The Contents Of A Laboratory Report, Jennifer Alberts
Indiana Law Journal
No abstract provided.
The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt
The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt
Indiana Law Journal
Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy.
National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4) …
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Indiana Law Journal
Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Indiana Law Journal
In the health-care setting, parental decisions to size, shape, sculpt, and mine children's bodies through the use of nontherapeutic medical and surgical interventions are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decision making for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children's interests to their own, the current paradigm distorts the parent-child relationship and objectifies children in violation of the moral principle, deeply embedded …
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
Indiana Law Journal
No abstract provided.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer
Indiana Law Journal
No abstract provided.
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart
Indiana Law Journal
No abstract provided.
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Indiana Law Journal
Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …
When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette
When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette
Indiana Law Journal
No abstract provided.
A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian
A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian
Indiana Law Journal
Some toxic exposures to drugs or other environmental chemicals may create an increased risk of future disease for which periodic preventive medical screening might be desirable. However, many of these risks, even if unacceptable as a matter of public health policy, might still not be significant enough for medical monitoring (periodic diagnostic screening for latent illnesses or medical conditions) to be an appropriate medical intervention. This somewhat unintuitive, but statistically certain, conclusion can be demonstrated in relatively simple mathematical terms. Accordingly, we introduce Bayes's Rule and decision analysis, a quantitative methodology commonly employed by medical practitioners. A review of current …
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Indiana Law Journal
No abstract provided.
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Indiana Law Journal
No abstract provided.
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Indiana Law Journal
No abstract provided.
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson
Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson
Indiana Law Journal
No abstract provided.
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
Indiana Law Journal
No abstract provided.
Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber
Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber
Indiana Law Journal
No abstract provided.
The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson
The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson
Indiana Law Journal
No abstract provided.
The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson
The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson
Indiana Law Journal
No abstract provided.
Statutes Limiting Mental Health Professional's Liability For The Violent Acts Of Their Patients, Michael R. Geske
Statutes Limiting Mental Health Professional's Liability For The Violent Acts Of Their Patients, Michael R. Geske
Indiana 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.