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- JUDICIAL TRIAGE: CHALLENGING TENNESSEE’S DAMAGES CAPS ON LAW AND POLICY GROUNDS (1)
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Articles 1 - 9 of 9
Full-Text Articles in Law
Judicial Triage: Challenging Tennessee’S Damages Caps On Law And Policy Grounds, Christopher Smith
Judicial Triage: Challenging Tennessee’S Damages Caps On Law And Policy Grounds, Christopher Smith
Christopher R Smith
No abstract provided.
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Christopher R Smith
Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that …
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Christopher R Smith
Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that …
It’S A Mistake: Insurer Cost Cutting, Insurer Liability And The Lack Of Erisa Preemption Within The Individual Exchanges, Christopher R. Smith
It’S A Mistake: Insurer Cost Cutting, Insurer Liability And The Lack Of Erisa Preemption Within The Individual Exchanges, Christopher R. Smith
Christopher R Smith
Within the new individual health insurance exchanges, ERISA preemption is inapplicable to State tort claims against individual exchange insurers, framing the question of whether or not individual exchange insurers, like employment-based insurers, should be protected from State tort liability. While there should be concern for an insurer’s ability to effectively manage costs and eliminate waste, beneficiaries should also have some sort of remedy against their insurer, when insurer cost cutting results in beneficiary harm. To balance the competing interests, a no-fault liability system should be adopted providing both limited liability for individual exchange insurers and preservation of injured beneficiaries’ remedies.
Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith
Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith
Christopher R Smith
Increasingly, legal scholars, state legislatures and the federal courts are examining patient privacy concerns that arise in the context of the dissemination, distribution and use of patient prescription information. However, less attention has been paid to the sharing of de-identified or encrypted patient prescription information versus identifiable patient prescription information. Though many patients may not realize it, identifiable, de-identified and encrypted patient prescription information is being used for a host of purposes other than insurance reimbursement and treatment, most notably for pharmaceutical marketing purposes. Existing state and federal laws and ethical guidelines provide some protection for the privacy of patient …
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals”, Christopher R. Smith
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals”, Christopher R. Smith
Christopher R Smith
This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that …
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher R. Smith
Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher R. Smith
Christopher R Smith
ABSTRACT Polarized Circuits: Party Affiliation of Appointing Presidents, Ideology and Circuit Court Voting in Race and Gender Civil Rights Cases This article seeks to examine the impact of Presidential party affiliation on the ideological voting patterns of Circuit Court judicial appointments within the context of race and gender civil rights cases. The article assesses two hypotheses regarding Circuit Court judicial voting patterns in race and gender civil rights cases: 1) That the ideological voting gap between Democratic appointed Circuit Court judges and Republican appointed Circuit Court judges has widened over time within the context of race and gender civil rights …
I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Doj Discovery Abuse In Criminal Cases, Christopher R. Smith
I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Doj Discovery Abuse In Criminal Cases, Christopher R. Smith
Christopher R Smith
ABSTRACT I Fought the Law and the Law Lost: The Case for Congressional Oversight Over Systemic DOJ Discovery Abuse in Criminal Cases This article addresses the need for congressional oversight over systemic DOJ criminal discovery abuse. The first section of the article outlines a sample group of cases across multiple federal districts, which represent the most highly publicized systemic DOJ criminal discovery abuse cases over the last two years. This first section of the article also examines the statistical record of DOJ’s Office of Professional Responsibility (“OPR”) in terms of investigating federal prosecutorial abuse in criminal matters and enforcement of …
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq.
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq.
Christopher R Smith
This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that …