Law Commons^™

The Shadowlands: Secrets, Lies, And Assisted Reproduction, George J. Annas

Faculty Scholarship

Americans love babies and technology, and most Americans applaud the ability of the new assisted-reproduction techniques to help infertile couples have children. But these techniques have also given birth to a wide variety of new legal issues, including questions about the identity of the mother and father of the child, the enforcement of preconception contracts, the elements of informed consent, and the disposition of frozen embryos. After almost 20 years of experience and the growth of infertility clinics into a multibillion-dollar industry, it is time to consider establishing national standards and a federal regulatory scheme. Two recent court cases, one …

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman

Faculty Scholarship

No abstract provided.

Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz

Faculty Scholarship

Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …

Congress Crafts Child Health Insurance Program, George Washington University Medical Center, Center For Health Policy Research

Center for Health Policy Research

No abstract provided.

Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack

Scholarly Works

Section 9-11-9.1 of the Georgia Code might be the state's most notorious procedural statute. Enacted in 1987 to protect professionals against the harm done by groundless malpractice litigation, the statute provides that a professional malpractice claim ordinarily must be accompanied by an affidavit executed by an expert. In the affidavit, the expert must substantiate the claim by attesting that some act or omission alleged in the claim was a negligent act or omission--a departure from a professional standard of conduct. During the past decade, Georgia's appellate courts have returned again and again to the problem of what section 9-11-9.1 means, …

Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel

Faculty Publications

No abstract provided.

The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton

Scholarly Works

In this article, Professors Larson and Eaton assess the merits and shortcomings of the Patient Self-Determination Act. The article first traces the legislative history and policy behind the Act. The article then traces and analyzes many of the empirical studies designed to assess the Act and the Act's effect on the use of advance directives. The authors determine that the Act has been, at best, a "modest success." They conclude that the use of advance directives will remain limited and that alternative methods of providing for health treatment decisions, such as empowering physicians to act on incompetents' behalf, will have …

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …

The Laws Of Genetics, Michael S. Baram

Faculty Scholarship

It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.

Mid-Atlantic Ethics Committee Newsletter, Spring 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins

Faculty Scholarship

No abstract provided.

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Enterprise Liability And The Emerging Managed Health Care System, William M. Sage

Faculty Scholarship

“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise. Proposals for enterprise liability surfaced briefly from the academic literature into the political spotlight during the 1993-94 health care reform debate. At that time, objections to the concept as a basis for medical malpractice liability, even in a restructured health care system, were nearly universal.

Just five years later, …

Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman

Faculty Publications

Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.

The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman

Faculty Publications

In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the

Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman

Faculty Publications

Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.

Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman

Faculty Publications

Introducation to the Symposium: National Health Care Reform: The Legal Issues, Cleveland, Ohio, 1995.

The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman

Faculty Publications

Introducation to Symposium: Workshop on the BRCA1 Breast Cancer Gene in the Jewish Population, Cleveland, Ohio, 1997.

The Managed Care Dilemma: Can Theories Of Tort Liability Adapt To The Realities Of Cost Containment?, Barbara A. Noah

Faculty Scholarship

Over the years, the United States health care system has undergone a transformation from a market comprised mainly of self employed physicians· in solo or small group practices to one in which far fewer physicians engage in this type of independent practice. More than three quarters of the physicians in this country now practice medicine within some form of managed care organization ("MCO") or see some managed care patients. The public increasingly perceives the care provided through MCOs as inferior to traditional feefor-service care. Responding to constituent pressures, legislatures in more than twenty states recently have considered bills regulating managed …

Body Science, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Faculty Publications

An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

Law & Health Care Newsletter, V. 4, No. 3, Fall- Winter 1997

Law & Health Care Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 4, No. 2, Spring 1997

Law & Health Care Newsletter

No abstract provided.

Valuing Intrauterine Life, Samuel W. Calhoun

Scholarly Articles

No abstract provided.

Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.