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Full-Text Articles in Law

Medical Restrictive Covenants In Illinois: At The Crossroads Of Carter-Shields And Prairie Eye Center, Stuart Gimbel, Miles J. Zaremski Jan 2003

Medical Restrictive Covenants In Illinois: At The Crossroads Of Carter-Shields And Prairie Eye Center, Stuart Gimbel, Miles J. Zaremski

Annals of Health Law and Life Sciences

This article examines the history, development and treatment by Illinois courts of medical restrictive covenants. The authors highlight two recent cases from Illinois, one from the Supreme Court and the other authored by an appellate court panel. The article concludes by providing not only a forecast of how such covenants should be treated by Illinois state courts in the future, but also a pathway for the expectations of health care practitioners who wish to use restrictive covenants in their employment relationships with their colleagues.


Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell Jan 2003

Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell

Annals of Health Law and Life Sciences

Ms. Whetsell examines the Bell Regulations, which limit New York's hospital residents' work hours and require increased supervision from senior doctors, in light of the currently pending federal bill that seeks to do the same. The article argues that the federal government should draw lessons from the New York experience before proceeding with similar guidelines. The article notes that many roadblocks have prevented successful implementation of the New York policy, including a long-standing tradition of "hazing" first-year residents with long, unsupervised hours; medical community resistance to the notion of residents' sleep deprivation and dislike of government interference; and a general …


Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn Roberts Majette Jan 2003

Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn Roberts Majette

Annals of Health Law and Life Sciences

Professor Majette's timely article examines an age-old problem: the effect of race and ethnicity on a patient's receipt of health care. Her article analyzes some of the major health care access issues, with a focus on barriers confronting African Americans, Asians, Hispanics, and Native Americans. Some of the barriers include inability to pay, cultural insensitivity, a shortage of health care providers, and discrimination. She also examines some of the unsuccessful legal solutions and remedies designed to eliminate these barriers. Given the complexity of the access barriers encountered by people of color, Professor Majette concludes that only an interdisciplinary approach can …


Foreword, Larry Singer, John Blum Jan 2003

Foreword, Larry Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Quality Assurance And Hospital Structure: How The Physician-Hospital Relationship Affects Quality Measures, Ronald G. Spaeth, Kelley C. Pickering, Shannon M. Webb Jan 2003

Quality Assurance And Hospital Structure: How The Physician-Hospital Relationship Affects Quality Measures, Ronald G. Spaeth, Kelley C. Pickering, Shannon M. Webb

Annals of Health Law and Life Sciences

Mr. Spaeth writes about the relationship between hospital administration and the physician, and how that relationship affects the quality of medical care delivered to the patient. The article focuses on the differences between the employment structure in an academic teaching hospital, and the open, independent contractor medical staff typical of a traditionally smaller community hospitals. The individual traits and nuances of these structures and how they can be distinguished from one another create dynamic differences in the approach for quality care. Peer review, credentialing, and management of adverse outcomes are just a few of the ways in which hospitals continue …


The Hospital Board At Risk And The Need To Restructure The Relationship With The Medical Staff: Bylaws, Peer Review And Related Solutions, John P. Marren, G. Landon Feazell, Michael W. Paddock Jan 2003

The Hospital Board At Risk And The Need To Restructure The Relationship With The Medical Staff: Bylaws, Peer Review And Related Solutions, John P. Marren, G. Landon Feazell, Michael W. Paddock

Annals of Health Law and Life Sciences

This article argues that the current structure of the hospital governing board and medical staff relationship does not support and promote quality and patient-centered care. The fundamental flaw in the current structure is the interdependent, yet independent and discordant relationships between hospital governing boards and medical staffs. These relationships are described as cultures and fit into three types of "silos": organizational (the "structural silo"); professional (the "professional silo", including the "culture of blame"); and the fragmented quality information silo (the "informational silo"). While case law, statutory requirements and regulatory expectations clearly state that governing boards are ultimately responsible for quality …


Off-Label Or Out Of Bounds? Prescriber And Marketer Liability For Unapproved Uses Of Fda-Approved Drugs, James O'Reilly, Amy Dalal Jan 2003

Off-Label Or Out Of Bounds? Prescriber And Marketer Liability For Unapproved Uses Of Fda-Approved Drugs, James O'Reilly, Amy Dalal

Annals of Health Law and Life Sciences

Professor O'Reilly's study of recent drug review legislation applies a historical and holistic view of promotion practices for unapproved uses of prescription drugs. He faults Congress for moving public health protections away from a strictly protective mode and toward assistance to drug marketers. He argues that the adverse health consequences of "off-label" promotion of drugs are not well understood, and that the 1997 amendments disserved the public health interest while expanding pharmaceutical company profits.


Fda's Proposed Rules On Patent Listing Requirements For New Drug And 30-Month Stays On Anda Approval (Proposed Oct. 24, 2002), Yuk Fung Hui Jan 2003

Fda's Proposed Rules On Patent Listing Requirements For New Drug And 30-Month Stays On Anda Approval (Proposed Oct. 24, 2002), Yuk Fung Hui

Annals of Health Law and Life Sciences

In order to close the loophole in the generic drug approval process that allows a brand name drug patent holder to delay or defeat generic drug application merely by technicality, the FDA recently proposed to modify its regulations. Those proposals affect the patent listing requirements of a new drug application, and the duration of time that a generic drug application could be put on hold in the event of a patent infringement suit. With the modified rules, the FDA expects to see an increase in the availability of generic drugs, which eventually will lead to lower drug costs. Ms. Hui …


Table Of Contents, International Law Review Jan 2003

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


The Road To A Unified Peaceful Europe: Keynote Address, John B. Richardson Jan 2003

The Road To A Unified Peaceful Europe: Keynote Address, John B. Richardson

Loyola University Chicago International Law Review

No abstract provided.


Economic Effects Of Eu Enlargement: Prospects And Challenges, Peter Primus Jan 2003

Economic Effects Of Eu Enlargement: Prospects And Challenges, Peter Primus

Loyola University Chicago International Law Review

No abstract provided.


The Introduction Of European Union Competition Law And Policy In The New Member States, Andre Fiebig Jan 2003

The Introduction Of European Union Competition Law And Policy In The New Member States, Andre Fiebig

Loyola University Chicago International Law Review

No abstract provided.


Will A Constitution For The European Union Make A Difference?, Elizabeth Shaver Duquette Jan 2003

Will A Constitution For The European Union Make A Difference?, Elizabeth Shaver Duquette

Loyola University Chicago International Law Review

No abstract provided.


The European Union Enlargement Eastward: A Historic Development, Alexander A. Jeglic Jan 2003

The European Union Enlargement Eastward: A Historic Development, Alexander A. Jeglic

Loyola University Chicago International Law Review

No abstract provided.


"An Overview Of The Legal And Security Questions Concerning Taiwanese Independence", Jason X. Hamilton Jan 2003

"An Overview Of The Legal And Security Questions Concerning Taiwanese Independence", Jason X. Hamilton

Loyola University Chicago International Law Review

No abstract provided.


Nuclear Diplomacy: Negotiating Peace On The Korean Peninsula, Peter Sokgu Yuh Jan 2003

Nuclear Diplomacy: Negotiating Peace On The Korean Peninsula, Peter Sokgu Yuh

Loyola University Chicago International Law Review

No abstract provided.


The Magnuson-Moss Warranty Act V. The Federal Arbitration Act: The Quintessential Chevron Case, Daniel G. Lloyd Jan 2003

The Magnuson-Moss Warranty Act V. The Federal Arbitration Act: The Quintessential Chevron Case, Daniel G. Lloyd

Loyola Consumer Law Review

No abstract provided.


Intermediate Sanctions: Protection For Charitable Organizations And The Donations They Receive, Allison M. Sawyer Jan 2003

Intermediate Sanctions: Protection For Charitable Organizations And The Donations They Receive, Allison M. Sawyer

Loyola Consumer Law Review

No abstract provided.


Embarking On Its Most Extensive Review Of Media Ownership: The Fcc's Endeavor To Create A Happy Medium, James E. Michel Jan 2003

Embarking On Its Most Extensive Review Of Media Ownership: The Fcc's Endeavor To Create A Happy Medium, James E. Michel

Loyola Consumer Law Review

No abstract provided.


Law Regulating Code Regulating Law, Lawrence Lessig Jan 2003

Law Regulating Code Regulating Law, Lawrence Lessig

Loyola University Chicago Law Journal

No abstract provided.


Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes Jan 2003

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Loyola University Chicago Law Journal

No abstract provided.


The Prospect Of Reconciling Internet And Cyberspace, Brett M. Frischmann Jan 2003

The Prospect Of Reconciling Internet And Cyberspace, Brett M. Frischmann

Loyola University Chicago Law Journal

No abstract provided.


Mixed Metaphors In Cyberspace: Property In Information And Information Systems, Jacqueline Lipton Jan 2003

Mixed Metaphors In Cyberspace: Property In Information And Information Systems, Jacqueline Lipton

Loyola University Chicago Law Journal

No abstract provided.


File-Sharing Tools And Copyright Law: A Study Of In Re Aimster Copyright Litigation And Mgm Studios, Inc. V. Grokster, Ltd., Robyn Axberg Jan 2003

File-Sharing Tools And Copyright Law: A Study Of In Re Aimster Copyright Litigation And Mgm Studios, Inc. V. Grokster, Ltd., Robyn Axberg

Loyola University Chicago Law Journal

No abstract provided.


Website Access: The Case For Consent, David Mcgowan Jan 2003

Website Access: The Case For Consent, David Mcgowan

Loyola University Chicago Law Journal

No abstract provided.


Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung Jan 2003

Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung

Loyola University Chicago Law Journal

No abstract provided.


Just In Crime: Guilding Economic Crime Reform After The Sarbanes-Oxley Act Of 2002, Mary Kreiner Ramirez Jan 2003

Just In Crime: Guilding Economic Crime Reform After The Sarbanes-Oxley Act Of 2002, Mary Kreiner Ramirez

Loyola University Chicago Law Journal

No abstract provided.


An Emotion-Based Approach To Freedom Of Speech, R. George Wright Jan 2003

An Emotion-Based Approach To Freedom Of Speech, R. George Wright

Loyola University Chicago Law Journal

No abstract provided.


Guide To Understanding Discovery Sanctions Under Illinois Supreme Court Rule 219(C) And Fashioning An Appropriate Judicial Response To Serious Discovery Misconduct, A, Sheldon Gardner, Scott William Gertz Jan 2003

Guide To Understanding Discovery Sanctions Under Illinois Supreme Court Rule 219(C) And Fashioning An Appropriate Judicial Response To Serious Discovery Misconduct, A, Sheldon Gardner, Scott William Gertz

Loyola University Chicago Law Journal

No abstract provided.


Dillon V. Evanston Hospital: Illinois Adopts The New Increased Risk Doctrine Governing Recovery For Future Injury, Kira Elert Jan 2003

Dillon V. Evanston Hospital: Illinois Adopts The New Increased Risk Doctrine Governing Recovery For Future Injury, Kira Elert

Loyola University Chicago Law Journal

No abstract provided.