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Table Of Contents, Annals Of Health Law Jan 2007

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone Jan 2007

Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone

Annals of Health Law and Life Sciences

This article unwraps the nature and source of human errors involved in Radiology, revealing unique elements of the specialty that warrant special consideration in medical malpractice cases. The authors compare these errors to negligent practices in other professions and conclude that a general concept of negligence cannot adequately address the complexities of decision-making in Radiology. After analyzing legal precedent, they develop an innovative jury instruction that recognizes particular situations of error in Radiology that occur in the absence of negligence.


Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch Jan 2007

Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch

Annals of Health Law and Life Sciences

This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced …


Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook Jan 2007

Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook

Annals of Health Law and Life Sciences

This article explores the legal implications of pay for performance programs from the perspective of healthcare providers. The author provides an informative background on the emergence of pay for performance programs and examines the structure and operation of these programs. She then explores the liability issues of health plans and managed care organizations and delves into evidentiary issues related to pay for performance information. Her article concludes with some practical suggestions for providers in preparing for an expansion of these quality initiatives.


Table Of Contents, Annals Of Health Law Jan 2007

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn Jan 2007

Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn

Annals of Health Law and Life Sciences

This article explores the problems within a niche area of health law, the Health Professional Shortage Area (HPSA) safe harbor of the Anti-Kickback Statute. The author advocates for its removal by discussing how the HPSA designation is being used incorrectly to curb fraudulent behavior and how the current provision serves few hospitals. The author concludes by suggesting innovative solutions to remedy the problems with the current HPSA designation system.


Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse Jan 2007

Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse

Annals of Health Law and Life Sciences

This article explores a recent Wisconsin Court of Appeals decision in a medical malpractice case and its ramifications regarding Wisconsin's informed consent statute. The authors compare and contrast this decision with previous Wisconsin Supreme Court cases and consider the relevance of applicable federal law. The article presents a thoughtful analysis of how the Wisconsin Court of Appeals should have approached the issue, as well as how it created potential conflicts regarding the ethical duties of healthcare providers treating children.


Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving Jan 2007

Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Dr. Paul Schyve, Paul Schyve Jan 2007

Transcribed Speech Of Dr. Paul Schyve, Paul Schyve

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, International Law Review Jan 2007

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Migrant Access To Civil Justice In Beijing , Margaret Y. K. Woo, Christopher Day, Joel Hugenberger Jan 2007

Migrant Access To Civil Justice In Beijing , Margaret Y. K. Woo, Christopher Day, Joel Hugenberger

Loyola University Chicago International Law Review

No abstract provided.


International Water Disputes: How To Prevent A War Over The Nile River, Lee A. Laudicina Jan 2007

International Water Disputes: How To Prevent A War Over The Nile River, Lee A. Laudicina

Loyola University Chicago International Law Review

No abstract provided.


Botswana's Success In Balancing The Economics Of Hiv/Aids With Trips Obligations And Human Rights, Beata Guzik Jan 2007

Botswana's Success In Balancing The Economics Of Hiv/Aids With Trips Obligations And Human Rights, Beata Guzik

Loyola University Chicago International Law Review

No abstract provided.


Table Of Contents, International Law Review Jan 2007

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Socioeconomic Rights In The African Context: Problems With Concept And Enforcement, Modibo Ocran Jan 2007

Socioeconomic Rights In The African Context: Problems With Concept And Enforcement, Modibo Ocran

Loyola University Chicago International Law Review

No abstract provided.


Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen Jan 2007

Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen

Loyola University Chicago International Law Review

No abstract provided.


Transformation And The Democratic Case For Judicial Review: The South African Experience, Dennis M. Davis Jan 2007

Transformation And The Democratic Case For Judicial Review: The South African Experience, Dennis M. Davis

Loyola University Chicago International Law Review

No abstract provided.


"Democracy Stops At My Front Door": Obstacles To Gender Equality In South Africa, Penelope Andrews Jan 2007

"Democracy Stops At My Front Door": Obstacles To Gender Equality In South Africa, Penelope Andrews

Loyola University Chicago International Law Review

No abstract provided.


After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George Jan 2007

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George

Loyola University Chicago International Law Review

No abstract provided.


A Tale Of Two Marks, And Other Antitrust Concerns, Pamela Jone Harbour Jan 2007

A Tale Of Two Marks, And Other Antitrust Concerns, Pamela Jone Harbour

Loyola Consumer Law Review

No abstract provided.


The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry Jan 2007

The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry

Loyola University Chicago Law Journal

No abstract provided.


The Difference The Mini-Domas Make, Andrew Koppelman Jan 2007

The Difference The Mini-Domas Make, Andrew Koppelman

Loyola University Chicago Law Journal

No abstract provided.


The State Of The Law Of Protecting And Securing The Rights Of Same-Sex Partners In Illinois Without Benefit Of Statutory Rights Accorded Heterosexual Couples, Richard A. Wilson Jan 2007

The State Of The Law Of Protecting And Securing The Rights Of Same-Sex Partners In Illinois Without Benefit Of Statutory Rights Accorded Heterosexual Couples, Richard A. Wilson

Loyola University Chicago Law Journal

No abstract provided.


The Immorality Of Statutory Restrictions On Adoption By Lesbians And Gay Men, Carlos A. Ball Jan 2007

The Immorality Of Statutory Restrictions On Adoption By Lesbians And Gay Men, Carlos A. Ball

Loyola University Chicago Law Journal

No abstract provided.


Communication And Concerted Action , William H. Page Jan 2007

Communication And Concerted Action , William H. Page

Loyola University Chicago Law Journal

It is a familiar scenario in U.S. antitrust litigation: The plaintiffs allege that a pattern of identical pricing (or refusals to deal) is "concerted" and therefore per se illegal; the defendant responds that the practice is merely "consciously parallel" or "interdependent" and therefore legal. Under U.S. law, to avoid summary judgment or judgment as a matter of law, a plaintiff must produce a "plus factor," evidence that "tends to exclude the possibility" that the defendants' actions were merely interdependent. Courts have identified various plus factors-for example, evidence that the alleged conduct was against the defendant's interest unless it was pursuant …


Comments On Professor Page's Discussion Of Matsushita: Plaintiff's Perspective, Michael J. Freed Jan 2007

Comments On Professor Page's Discussion Of Matsushita: Plaintiff's Perspective, Michael J. Freed

Loyola University Chicago Law Journal

No abstract provided.


Comments On Professor Page's Discussion Of Matsushita, T. Mark Mclaughlin Jan 2007

Comments On Professor Page's Discussion Of Matsushita, T. Mark Mclaughlin

Loyola University Chicago Law Journal

No abstract provided.


The "Proper" - And By That I Mean Limited - Role For Economists In Price-Fixing Litigation, David Marx Jr. Jan 2007

The "Proper" - And By That I Mean Limited - Role For Economists In Price-Fixing Litigation, David Marx Jr.

Loyola University Chicago Law Journal

No abstract provided.


In Prosecutors We Trust: Uk Lessons For Illinois Disclosure, Susan S. Kuo, C. W. Taylor Jan 2007

In Prosecutors We Trust: Uk Lessons For Illinois Disclosure, Susan S. Kuo, C. W. Taylor

Loyola University Chicago Law Journal

No abstract provided.


New Illinois Legislation Combats Modern-Day Slavery: A Comparative Analysis Of Illinois Anti-Trafficking Law With Its Federal And State Counterparts, John Tanagho Jan 2007

New Illinois Legislation Combats Modern-Day Slavery: A Comparative Analysis Of Illinois Anti-Trafficking Law With Its Federal And State Counterparts, John Tanagho

Loyola University Chicago Law Journal

No abstract provided.