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1983

Journal

Health Law and Policy

Articles 1 - 30 of 45

Full-Text Articles in Law

Antitrust, Joint Ventures And The End Of The Ama's Contract Practice Ethics: New Ways Of Thinking About The Health Care Industry, Charles D. Weller Oct 1983

Antitrust, Joint Ventures And The End Of The Ama's Contract Practice Ethics: New Ways Of Thinking About The Health Care Industry, Charles D. Weller

North Carolina Central Law Review

No abstract provided.


Hospital Involvement In Health Care Coalitions, Douglas J. Colton Oct 1983

Hospital Involvement In Health Care Coalitions, Douglas J. Colton

North Carolina Central Law Review

No abstract provided.


The Conflicting Legal Pressures On The Modern Hospital, Eric W. Springer Oct 1983

The Conflicting Legal Pressures On The Modern Hospital, Eric W. Springer

North Carolina Central Law Review

No abstract provided.


Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst Oct 1983

Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst

North Carolina Central Law Review

No abstract provided.


Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974 Sep 1983

Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974

Washington and Lee Law Review

No abstract provided.


Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law Jun 1983

Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law

West Virginia Law Review

No abstract provided.


Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law Jun 1983

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.


Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein May 1983

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …


The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson Apr 1983

The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson

Dalhousie Law Journal

Well qualified lawyers rarely take time to communicate important, often vital, information to the general public about matters of law which affect their lives and their health. This attractive handbook is a welcome exception to that rule. One of Canada's best known and most experienced lawyers in the medicolegal field, Lorne Rozovsky, has written a "consumer's guide" of some 140 pages on the subject of medical and hospital patient's rights under the laws. The area of law covered is what the author calls "health law," one of the most exciting and fastest growing of legal specialization fields in both Canada …


Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review Mar 1983

Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review

Michigan Law Review

A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin


Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman Jan 1983

Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman

Vanderbilt Journal of Transnational Law

Health disorders engendered by hazardous, exported foods, pesticides, drugs, and other products recently have attracted worldwide attention. The exportation of products which have been banned or highly restricted in their country of origin or which become hazardous in the environment of the importing nation is a popular issue for opponents of a perceived monolithic transnational industrial complex, as well as for critics of certain United States corporations. A more widely shared opinion is that the United States has a moral obligation to limit foreseeable harm from the export of potentially hazardous merchandise or at least to supply product hazard information. …


A Maternal Duty To Protect Fetal Health, Susan R. Weinberg Jan 1983

A Maternal Duty To Protect Fetal Health, Susan R. Weinberg

Indiana Law Journal

No abstract provided.


Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman Jan 1983

Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman

UIC Law Review

No abstract provided.


Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton Jan 1983

Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton

Seattle University Law Review

This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …


The Current State Of Usury Law In Texas., Michele M. Hightower Jan 1983

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.


Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel Jan 1983

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.


An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing Jan 1983

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.


Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick Jan 1983

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo Jan 1983

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.


Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.


Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines Jan 1983

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.


An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill Jan 1983

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.


The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra Jan 1983

The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra

Fordham Urban Law Journal

This Comment examines the ongoing controversy over the appropriate legal standard to be applied in the determination of bargaining units in the health care industry. It reviews the basic law which governs the selection of appropriate units, discusses the legislative history of the 1974 amendments as they relate to bargaining units, and considers the intent of the accompanying admonition against unit proliferation. Implementation of the congressional mandate is examined in Board unit determinations. The Board's persistent use of the traditional industrial community of interest test is examined in light of circuit court decisions which have advocated new approaches. This Comment …


Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King Jan 1983

Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King

Fordham Urban Law Journal

This Comment will discuss the current health delivery system in the context of a Market Approach to health care cost containment. Political and financial issues in health care as well as current judicial and tax policies affecting Market Approach theory will be examined. The Comment concludes that targeted tax exempt financing must play a major role in establishing competitive forces in the health care delivery system.


The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales Jan 1983

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman Jan 1983

Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman

Cleveland State Law Review

Despite their importance, the discussion of remedies for state hospital drugging has been largely ad hoc and uninformed. This study attempts to fill that gap. It explores four such remedies, attempting to identify the vision of the drug problem that underlies each one; to evaluate that vision and its plausibility; and to determine what the actual effects of imposing the remedy would be. Part I distinguishes between two approaches to remedy-"structural" and "atomistic"-and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. Part II explores a family of atomistic remedies. …


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor Jan 1983

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.


Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel Jan 1983

Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel

St. Mary's Law Journal

Abstract Forthcoming.


The Windfall Profit Tax Exposed., J. Matthew Dow Jan 1983

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.