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Articles 1 - 10 of 10
Full-Text Articles in Law
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
Maine Law Review
People who use drugs are dying at an unprecedented rate. However, many of these deaths can be prevented. When a person experiencing an opioid overdose is timely treated with naloxone and oxygen the overdose is reversed. Access to a supervised consumption site—a place where people can use pre-obtained drugs in the safety and presence of others—ensures that when a person overdoses, they receive this life-saving treatment. In response to a proposed supervised consumption site in Philadelphia, the Department of Justice sued to prevent it from opening. The government claimed that the facility, called “Safehouse,” would violate 21 U.S.C. § 856(a)(2) …
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Maine Law Review
Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …
Preventing The Preventable: A Review Of Maternal Mortality Rates In South Carolina, Sydney J. Douglas
Preventing The Preventable: A Review Of Maternal Mortality Rates In South Carolina, Sydney J. Douglas
South Carolina Law Review
No abstract provided.
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
South Carolina Law Review
No abstract provided.
When "Things" Go Wrong: Redefining Liability For The Internet Of Medical Things, Bethany A. Corbin
When "Things" Go Wrong: Redefining Liability For The Internet Of Medical Things, Bethany A. Corbin
South Carolina Law Review
No abstract provided.
Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly
Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly
Ocean and Coastal Law Journal
Climate change poses a number of difficult challenges to New England's infrastructure. The most commonly discussed impacts include flooding of roads, bridges, and culverts, or water damage to buildings and electric utilities. A less discussed, but equally alarming challenge to infrastructure is how climate change is impacting onsite wastewater treatment systems, more commonly known as septic systems. Almost half of homes in New England depend on septic systems to dispose of wastewater. When functioning properly, these systems filter out harmful bacteria and pathogens to ensure nearby groundwater and surface waters are safe for human health and the environment. But rising …
What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel
What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel
South Carolina Law Review
No abstract provided.
Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck
Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck
South Carolina Law Review
No abstract provided.
An Essay On Torts: States Of Argument, Marshall S. Shapo
An Essay On Torts: States Of Argument, Marshall S. Shapo
Pepperdine Law Review
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the “states of argument” that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the traditional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder
Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder
Canadian Journal of Law and Technology
Commentators argue that statutory prohibitions with the force of the criminal law should not be used to regulate new reproductive technologies (NRTs) and novel genetic technologies (NGTs). Bill C-13, the Assisted Human Reproduction Act, however, codifies 10 criminal bans. This paper considers the merits of the various arguments levied against Bill C-13, and the corollary claim that only a "non-prohibitive" model of legislation befits NRTs and NGTs. Three types of arguments are used to critique criminal bans: (1) "Structural" arguments hinge on the constraints of the Canadian legal system - legislation complete with prohibitions runs afoul of the Constitution Act …