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Full-Text Articles in Law

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009 Oct 2009

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2009 Oct 2009

Mid-Atlantic Ethics Committee Newsletter, Fall 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Newsletter, Spring/Summer 2009 Apr 2009

Newsletter, Spring/Summer 2009

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2009 Apr 2009

Mid-Atlantic Ethics Committee Newsletter, Spring 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Pick Your Poison: Responses To The Marketing And Sale Of Flavored Tobacco Products, Kathleen Hoke Dachille Feb 2009

Pick Your Poison: Responses To The Marketing And Sale Of Flavored Tobacco Products, Kathleen Hoke Dachille

Faculty Scholarship

This law synopsis explores legal approaches for addressing the marketing and sale of flavored tobacco products to youth.


Law & Health Care Newsletter, V. 16, No. 2, Spring 2009 Jan 2009

Law & Health Care Newsletter, V. 16, No. 2, Spring 2009

Law & Health Care Newsletter

No abstract provided.


Physicians Who Break The Law, Diane E. Hoffmann Jan 2009

Physicians Who Break The Law, Diane E. Hoffmann

Faculty Scholarship

This paper takes as its starting point a recent article by Prof. Sandra Johnson, Regulating Physician Behavior: Taking Doctors “Bad Law” Claims Seriously. In the article, Johnson focuses on doctors who comply with the law despite their belief that the law is “bad”, i.e., causes them to behave in ways that are harmful to their patients. In Physicians Who Break the Law, I explore cases where physicians break the law claiming that it is “bad”. In this exploration, I focus on two areas of physicians’ lawbreaking: (1) violations of business-related laws, in particular, insurance fraud; and (2) violations of ...


A Circumspect Look At Problem-Solving Courts, Richard C. Boldt Jan 2009

A Circumspect Look At Problem-Solving Courts, Richard C. Boldt

Faculty Scholarship

No abstract provided.


Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik Jan 2009

Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik

Faculty Scholarship

Is there such a thing as a criminally "violent brain"? Does it make sense to speak of "the neurobiology of violence" or the "psychopathology of crime"? Is it possible to answer on a physiological level what makes one person engage in criminal violence and another not, under similar circumstances?

This Article first demonstrates parallels between certain current claims about the neurobiology of criminal violence and past movements that were concerned with the law and neuroscience of violence: phrenology, Lombrosian biological criminology, and lobotomy. It then engages in a substantive review and critique of several current claims about the neurological bases ...


The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja Jan 2009

The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja

Faculty Scholarship

The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it vests control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for fertility services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies, including twin pregnancies. This Article summarizes the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and American society. It suggests that the current U.S. regulatory regime has not only failed to address these costs as they surfaced ...


Prosecuting Doctors For Trusting Patients, Deborah Hellman Jan 2009

Prosecuting Doctors For Trusting Patients, Deborah Hellman

Faculty Scholarship

In an escalating phase of our country’s war on drugs, doctors treating patients in pain are being prosecuted for drug trafficking under the Controlled Substances Act. While doctors surely can be guilty of drug trafficking when they sell drugs for money, lately some doctors have been prosecuted for violations of a statute that requires knowingly distributing or dispensing controlled substances in an unauthorized manner for simply being willfully blind to the fact that their patients were reselling the drugs. While willful blindness may be an apt substitute for knowledge in the traditional drug courier scenario, doctors in these cases ...


Expanding The Current Health Care Reform Debate: Making The Case For Socio-Economic Interventions For Low Income Young Adults, Namrata Kotwani, Marion Danis Jan 2009

Expanding The Current Health Care Reform Debate: Making The Case For Socio-Economic Interventions For Low Income Young Adults, Namrata Kotwani, Marion Danis

Journal of Health Care Law and Policy

No abstract provided.


The Ethics Of Health Care Reform: Unintended Consequences Of Payment Schemes And Regulatory Mandates, Rebecca D. Elon Jan 2009

The Ethics Of Health Care Reform: Unintended Consequences Of Payment Schemes And Regulatory Mandates, Rebecca D. Elon

Journal of Health Care Law and Policy

No abstract provided.


Service By Health Care Providers In A Public Health Emergency: The Physican's Duty And The Law, Judith C. Ahronheim Jan 2009

Service By Health Care Providers In A Public Health Emergency: The Physican's Duty And The Law, Judith C. Ahronheim

Journal of Health Care Law and Policy

No abstract provided.


Flatlining: How The Reluctance To Embrace Immigrant Nurses Is Mortally Wounding The U.S. Health Care System, Diomedes J. Tsitouras, Maria Pabon Lopez Jan 2009

Flatlining: How The Reluctance To Embrace Immigrant Nurses Is Mortally Wounding The U.S. Health Care System, Diomedes J. Tsitouras, Maria Pabon Lopez

Journal of Health Care Law and Policy

No abstract provided.


Privacy And Confidentiality In The Age Of E-Medicine, Keith A. Bauer Jan 2009

Privacy And Confidentiality In The Age Of E-Medicine, Keith A. Bauer

Journal of Health Care Law and Policy

No abstract provided.


Medical Technology Meets The Maryland General Assembly: A Case Study In Handling Advances In Automated External Defibrillator Technology, Kevin M. Rodkey Jan 2009

Medical Technology Meets The Maryland General Assembly: A Case Study In Handling Advances In Automated External Defibrillator Technology, Kevin M. Rodkey

Journal of Health Care Law and Policy

No abstract provided.


The Emergence Of Mandatory Wellness Programs In The United States: Welcoming, Or Worrisome?, Daniel Charles Rubenstein Jan 2009

The Emergence Of Mandatory Wellness Programs In The United States: Welcoming, Or Worrisome?, Daniel Charles Rubenstein

Journal of Health Care Law and Policy

No abstract provided.


Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz Jan 2009

Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz

Journal of Health Care Law and Policy

No abstract provided.


Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty Jan 2009

Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty

Journal of Health Care Law and Policy

No abstract provided.


Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb Jan 2009

Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb

Journal of Health Care Law and Policy

No abstract provided.


The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp Jan 2009

The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.


Punishing Pharmaceutical Companies For Unlawful Promotion Of Approved Drugs: Why The False Claims Act Is The Wrong Rx, Vicki W. Girard Jan 2009

Punishing Pharmaceutical Companies For Unlawful Promotion Of Approved Drugs: Why The False Claims Act Is The Wrong Rx, Vicki W. Girard

Journal of Health Care Law and Policy

No abstract provided.