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Articles 5191 - 5220 of 5262
Full-Text Articles in Law
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Book Chapters
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.
The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas
The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas
Faculty Scholarship
In Herman Melville's novel Moby Dick Ishmael searches for knowledge in diverse ways; he views the world not only through his senses but symbolically and metaphorically. At one point, he is tied to the pagan harpooner Queequeg by a "monkey-rope," and it is his duty to use this rope to pull Queequeg free from the sharks surrounding the dead whale that Queequeg is butchering when Queequeg slips from his perch atop the whale. Should he fail, Queequeg's weight will pull them both into the shark-filled waters. Ishmael ponders: "I seemed distinctly to perceive that my own individuality was now merged …
International Year Of Disabled Persons: The Institution In England And Wales, Lawrence O. Gostin
International Year Of Disabled Persons: The Institution In England And Wales, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
A notable characteristic of American federalism is that domestic policy has been substantially determined by the courts. The judiciary has introduced its own social morality to ensure reasonable access to services for minority groups.
The concept of judicial policy making has found no greater expression than in the field of mental retardation where the service provided has been largely mandated by judges.
Harris V. Mcrae, Lewis F. Powell Jr.
Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz
Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz
Faculty Scholarship
Controversy over the supposed cancer-curing drug laetrile continues to rage. Now it's up to the courts. substance that was used by ancient Greek physicians, has been available in the United States, legally or illegally, for a quarter of a century. The government's increased efforts to eliminate laetrile "pushing" by what are seen to be profiteering physicians has created a strengthened laetrile lobby that has successfully fought the medical establishment and succeeded in making the drug legal in more than a dozen states. The pro-laetrile lobby an assortment of cancer patients and their families, medical professionals, and conservative politicians -threatens to …
Council - Nursing Practioners; Series Ii; File 35, Juanita Hunter
Council - Nursing Practioners; Series Ii; File 35, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Human Rights; Series Ii; File 51, Juanita Hunter
Human Rights; Series Ii; File 51, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Human Rights; Series Ii; File 59, Juanita Hunter
Human Rights; Series Ii; File 59, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
Human Rights Material; Series I; File 87, Juanita Hunter
Human Rights Material; Series I; File 87, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson
Scholarly Works
No abstract provided.
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas
Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas
Faculty Scholarship
One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …
State Restrictions On Medicaid Coverage Of Medically Necessary Services, Lucinda M. Finley
State Restrictions On Medicaid Coverage Of Medically Necessary Services, Lucinda M. Finley
Journal Articles
No abstract provided.
Califano V. Westcott, Lewis F. Powell Jr.
Califano V. Westcott, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Where Are The Health Lawyers When We Need Them, George J. Annas
Where Are The Health Lawyers When We Need Them, George J. Annas
Faculty Scholarship
A momentous event in the field of health law occurred in April of 1978: the first national meeting of teachers of health law was held at Boston University. Of sixty individuals invited, almost all of whom teach health law as a full-time profession in various graduate schools, forty-five participated in the two-day workshop. While that response alone may have revealed the answer, the first topic on the agenda was: "Is health law a discipline?"
Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas
Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas
Faculty Scholarship
In what may prove to be the most controversial medicolegal decision of the year, the Massachusetts Supreme Judicial Court has ruled that, in certain cases, courts are the proper forum in which life-sustaining medical decisions should be made.1 The controversy goes deep. It involves questions of who should make life-prolonging decisions, in what forum, and on what criteria. Until the last few years, these questions arose almost exclusively in the context of Jehovah's Witnesses cases - cases in which life-saving blood transfusions were being refused for religious reasons. But with society's increasing consciousness about the way people die in hospitals, …
A Close Encounter Of The First Kind: Artificial Insemination And An Enlightened Judiciary, George P. Smith Ii
A Close Encounter Of The First Kind: Artificial Insemination And An Enlightened Judiciary, George P. Smith Ii
Scholarly Articles
No abstract provided.
The Right Of A Mental Patient To Refuse Antipsychotic Drugs In An Institution, Lawrence D. Gaughan, Lewis H. Larue
The Right Of A Mental Patient To Refuse Antipsychotic Drugs In An Institution, Lawrence D. Gaughan, Lewis H. Larue
Scholarly Articles
Not available.
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When this information is available either before conception or during pregnancy, prospective parents may choose to prevent the birth of such defective children through contraception or abortion. Recently, courts have been called on to define the circumstances in which either the parents or the children should receive tort damages when parents are denied opportunities to prevent the birth of defective children because of their physicians' negligent failure to detect or …
Title Vi And Health Facilities: Forms Without Substance, Ken Wing
Title Vi And Health Facilities: Forms Without Substance, Ken Wing
Faculty Articles
Title VI of the Civil Rights Act of 1964 prohibits racial discrimination by recipients of federal funds, including institutions that provide health care. This article assesses the current status of the Title VI enforcement program for health facilities and the problem of racial discrimination in these institutions that the Act is trying to resolve. After analyzing the legislative and political history of Title VI as it relates to health facilities, the author concludes that Title VI enforcement has been ineffective and misdirected and he suggests changes that could improve the program's implementation.
Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue
Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue
Faculty Publications By Year
No abstract provided.
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
Faculty Scholarship
In Volume 3, Number 3 of this journal, Professor Havighurst* wrote a brief Comment in which he observed that the function of health care cost-containment regulation is the rationing of health care resources, and argued that the fostering of health care consumers' and providers' free choice in the competitive marketplace is preferable to conventional cost-containment regulation as a mechanism for such rationing. He briefly outlined various reforms, including changes in federal tax treatment of health insurance premiums, aimed at implementing his ap- proach. Subsequently, in a Comment in Volume 4, Number 1, Stephen M.Weiner, then Chairman of the Massachusetts Rate …
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Faculty Scholarship
Before an investigator can use any person as a subject in biomedical or behavioral research, he must obtain that person's informed consent. This consent must be voluntary, competent, and understanding.1 There are two questions that arise in regard to experimentation on children. First, is a child legally capable of giving an informed and understanding consent? Second, do parents have the legal capacity to consent to the performance of research on their children? This article will attempt to answer both of these questions.
Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza
Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza
Law Faculty Scholarship
This paper will deal with with exemption granted [under the Medical Device Amendments Act of 1976] for the investigational use of devices subject to premarket testing, and more particularly, with the obligation of an investigator seeking such exemption to secure an informed consent agreement from human subjects (or their representatives) under § 520(g)(3)(D) of the Act. It will also consider the relationship between the statutory obligation and that which might be imposed by the common law of negligence.
Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst
Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst
Faculty Scholarship
Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory …
Allocation Of Artificial Hearts In The Year 2002: Minerva V. National Health Agency, George J. Annas
Allocation Of Artificial Hearts In The Year 2002: Minerva V. National Health Agency, George J. Annas
Faculty Scholarship
The rapid growth of medical technology gives rise to difficult dilemmas concerning the appropriateness of, and access to, new equipment and devices capable of maintaining life or improving its quality. Such a dilemma already exists, for example, with regard to kidney dialysis machines. In 1972, Congress amended the Social Security Act to make such machines available under Medicare to all who needed them. But almost immediately the overwhelming cost of such equipment-in the billions of dollars-made the original appropriations totally inadequate, and prompted serious questions of whether access to kidney dialysis should be made available at public expense-and, if so, …
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Journal Articles
The US Supreme Court’s 1973 and the German Federal Constitutional Court’s 1975 decisions on abortion provide us with an uncommon opportunity to compare the constitutional law of different nations on the issue. The two courts took opposing stances in their decisions. The US Supreme Court substantially curtailed the power of American states to limit abortion while the German court ruled that an existing statute that permitted abortion within the first three months of pregnancy violated the rights of unborn children. These opinions can be explained by the different political contexts of the two nations and different perceptions on judicial intervention …
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
Faculty Articles
The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …
Manipulating The Genetic Code: Jurisprudential Conundrums, George P. Smith Ii
Manipulating The Genetic Code: Jurisprudential Conundrums, George P. Smith Ii
Scholarly Articles
This article considers the scientific, legal, ethical, and social issues of the Brave New World of Biotechnology as they existed in 1976 and as they exist — interestingly — today. Central to these issues (e.g., in vitro fertilization, genetic planning) presented in historical context, is consideration of the extent to which freedom of scientific investigation should be allowed and even encouraged by the government. In order to shape normative standards of conduct from which ethical constructs can be developed and policy developed, scientific experimentation must be promoted and designed to safeguard the common good — this, by enhancing opportunities for …