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Articles 1 - 11 of 11
Full-Text Articles in Law
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
Journal Articles
This Article explains where medical malpractice claims are filed in Mississippi. It initially does so by collecting state circuit court data, which have been recently released by the Administrative Office of Courts. Next, this Article computes summary statistics. Last, it examines these statistics in order to determine which county had the most medical malpractice claims.
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Journal Articles
All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Journal Articles
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead
Journal Articles
The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly …
Rights And The Need For Objective Moral Limits, Charles E. Rice
Rights And The Need For Objective Moral Limits, Charles E. Rice
Journal Articles
In this article, we will examine the natural law conception that rights are rooted in human nature, which nature itself is of divine origin through creation. We will compare this natural law concept to the premises and social consequences of the secular, relativist, and individualist approaches common to the jurisprudence of the Enlightenment. This article will offer the conclusion that only a grounding of right in the nature of persons as immortal beings created by God can offer moral and cultural security against the depersonalization characteristic of regimes premised on a relativist individualism.
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael Jenuwine, Gene Griffin
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael Jenuwine, Gene Griffin
Journal Articles
The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …
Inverting The Viability Test For Abortion Law, Bruce Ching
Inverting The Viability Test For Abortion Law, Bruce Ching
Journal Articles
The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.
Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick
Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.
Introduction, Thomas L. Shaffer
Introduction, Thomas L. Shaffer
Journal Articles
This symposium abounds with learning and insight, but one should not overlook the fact that its purposes and its effect are revolution. Institutional confinement of the "mentally ill" in America is a massive social failure and a festering evil. These authors lawyers, social scientists, scholars, psychiatrists, and students have a target in their sights, and they are not out primarily to analyze the target; they are out to destroy it.
Privileged Communications, Joseph O'Meara
Privileged Communications, Joseph O'Meara
Journal Articles
This article evaluates dicta from Wills v. National Life & Accident Co.regarding an implied waiver for privileged communications between a patient and his physician. It looks at the historical background of privileged communications and the writings of several legal scholars to determine whether for life insurance policies that require one to be "of sound health" there is an implied waiver of privileged communications. The author concluded that based on the rules of construction courts should follow the dicta because it is sound and reasonable policy.