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Full-Text Articles in Law

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick Jan 1994

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick

Cleveland State Law Review

Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.


"Life" And "Liberty": Their Original Meaning, Historical Antecedents, And Current Significance In The Debate Over Abortion Rights, Sheldon Gelman Jan 1994

"Life" And "Liberty": Their Original Meaning, Historical Antecedents, And Current Significance In The Debate Over Abortion Rights, Sheldon Gelman

Law Faculty Articles and Essays

The legal controversy over abortion has been a dispute about constitutional “liberty.” Constitutional debate has ranged far and wide over questions of natural law, interpretative method, and judicial function, yet liberty remains the focal point. It is widely believed that if abortion and privacy rights derive from anything in the Constitution, they derive from “liberty,” and that if anything in the Constitution tells us how to treat those rights, “liberty” does. Part I outlines the present day controversy over liberty and abortion, including the multiple, conflicting opinions in Casey. Part II examines the phrase “life, liberty, or property,” and the …


The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick Jan 1994

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick

Cleveland State Law Review

Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.