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Selected Works

Health Law and Policy

Discipline
Institution
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Publication
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Articles 811 - 823 of 823

Full-Text Articles in Law

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews Dec 1994

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews

Lori B. Andrews

No abstract provided.


The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan Dec 1993

The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan

Mary Ann Chirba

No abstract provided.


Alternative Reproduction (With L. Douglass), Lori B. Andrews Jan 1992

Alternative Reproduction (With L. Douglass), Lori B. Andrews

Lori B. Andrews

No abstract provided.


Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews Jan 1992

Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews

Lori B. Andrews

No abstract provided.


Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews Jan 1991

Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews

Lori B. Andrews

No abstract provided.


The Legal Status Of The Embryo, Lori B. Andrews Jan 1986

The Legal Status Of The Embryo, Lori B. Andrews

Lori B. Andrews

No abstract provided.


The Concept Of Person In The Law, Charles Baron Dec 1982

The Concept Of Person In The Law, Charles Baron

Charles H. Baron

The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …


Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron Dec 1982

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.


Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews Jan 1981

Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews

Lori B. Andrews

No abstract provided.


Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron Dec 1978

Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron

Charles H. Baron

No abstract provided.


Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Dec 1978

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …


Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole Feb 1975

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …