Law Commons^™

Patchwork Solution To A Complicated Problem: How The Current Healthcare Legislation Is Failing To Address The Difficulties Created By Undocumented Immigrants., Daniel O. King

Daniel O King

No abstract provided.

Federally Mandated Informed Consent: Has Government Gone Too Far?, Linda P. Mckenzie

Linda P. McKenzie

In 2003, President George W. Bush signed legislation targeted at preventing what lawmakers said was a single, specific abortion procedure. The bill banned a method that is known outside of the medical community as "partial birth abortion." Lower courts, however, struck down the law as a violation of the Supreme Court's requirement that state limits on abortion must include an exception for the life or health of the pregnant woman. The lower courts were upheld by the three circuit courts who reviewed the Partial Birth Abortion Ban Act of 2003. The U.S. Supreme Court accepted certiorari and recently heard oral …

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards Of Reproductive Healthcare, Sabrina E. Dunlap

Sabrina E Dunlap

Under 10 U.S.C. Section 1093, women in the military cannot obtain abortion services in military hospitals even if they use their own funds. Women who are stationed abroad are forced to search for services elsewhere in the foreign country in which they are stationed, facing cultural barriers, language barriers, difficult travel arrangements and high costs. In the last ten years, clear standards of reproductive health emerged at an international level, with women’s health being the center of the International Conference on Population and Development, and the Fourth World Conference on Women, among others. The United States is simultaneously encouraging developing …

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, Jessie Hill

Jessie Hill

The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose “partial-birth” abortion and the right to use medical marijuana, decided just one year apart, the Supreme Court reached radically different results, based on radically different reasoning. In Stenberg v. Carhart, the Supreme Court recognized an almost absolute right to choose a particular abortion procedure if the procedure is the safest for the woman, refusing to defer to the state’s view of the relevant medical facts. …

Erisa Preemption: A Product Rule And The Neglected Workhorse, Joseph Snoe

Joseph Snoe

ERISA preemption of state laws has troubled courts and commentators for over two decades. This article under the umbrellas label the "Product Rule" concludes that a state has broad discretion to regulate products and services marketed in the state, even products and services marketed to ERISA plans.

The article then explans how ERISA section 502 is the exclusive vehicle for Employee Benefit Plan participants and beneficiaries to bring civil suits against HMOs, insurance companies and others doing busienss with the ERISA plans. By contracting with an ERISA plan, a company or person offering services or products to an ERISA plan …

Dealing With The Reality Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research , Michael J. Malinowski

Michael J. Malinowski

This article challenges proposals to apply law to greatly constrain if not wholly prohibit race-based genetics research with arguments based in bioethics, research pragmatism, and genetic science. The article concludes that proposals to stretch U.S. antidiscrimination jurisprudence to regulate away race and ethnicity in genetics research are misguided at best.

Sample Prescription Drugs And The "Learned Intermediary": Liability Without Preemption, Susan Poser

Susan Poser

Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …

Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …

Brave New Babies, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Germs On A Plane!: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them., Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Germs on a Plane!: Legal Protections Afforded to International Air Travelers and Governments in the Event of a Suspected or Actual Contagious Passenger and Proposals to Strengthen Them. In August, 2006, American moviegoers watched as passengers on an airplane were terrified by poisonous snakes in the movie “Snakes on a Plane.” In May, 2007, news watchers across the globe were riveted by the true story of an Atlanta lawyer who flew from the United States to several destinations in Europe for his wedding and honeymoon although he was carrying a drug-resistant strain of tuberculosis. The latter event was met …

Terminal Ambiguity: Law, Ethics And Policy In The Assisted Dying Debate, Ruth C. Stern, J. Herbie Difonzo

J. Herbie DiFonzo

As we become proficient at prolonging life we also succeed in prolonging the dying process. Fear of pain and suffering at the end of life has led us on a search for ways to preempt the ordeal. This article examines the judicial, ethical and policy responses to the demand for legalized assisted suicide and euthanasia. Medically, end-of-life issues are extraordinarily complex, especially when compounded by factors such as undiagnosed or untreated depression and inadequate palliative care. Courts, in declining to recognize a ‘right to die’ have thrown us back on our own devices to fashion resolutions to this problem. The …

Obscene Contracts*: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii

George A Nation III

No abstract provided.

Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman

Stephen D Sugarman

Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.

Studying Medical Error In Situ: Implications For Malpractice Law And Policy, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman

Stephen D Sugarman

How we might attack childhood obesity through performance based regulation, requiring food and beverage companies to solve the problem they have created.

Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases (With E. Zuiker), Lori B. Andrews

Lori B. Andrews

No abstract provided.

Understanding Waiver, Jessica Berg

Jessica Berg

No abstract provided.

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Ethics And E-Medicine, Jessica Berg

Jessica Berg

No abstract provided.

A Conceptual Framework For Genetic Policy, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Grave Secrets: Legal And Ethical Analysis Of Postmortem Confidentiality, Jessica Berg

Jessica Berg

No abstract provided.

Regulating Reproductive Technologies (With N. Elster), Lori B. Andrews

Lori B. Andrews

No abstract provided.

Banning The Clone, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Reproductive Technology Comes Of Age, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews

Lori B. Andrews

No abstract provided.

Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Body Science, Lori B. Andrews

Lori B. Andrews

No abstract provided.

The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews

Lori B. Andrews

No abstract provided.