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Articles 1 - 29 of 29

Full-Text Articles in Law

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson Nov 2012

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson

Pepperdine Law Review

No abstract provided.


An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson Nov 2012

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.


Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt Nov 2012

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. Nov 2012

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton Nov 2012

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.


Vaccines And The Law, Michael Sanzo Ph.D. Nov 2012

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill Oct 2012

Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill

Pepperdine Law Review

No abstract provided.


A Time To Die?: Deciding The Legality Of Physician-Assisted Suicide, Jennifer Cole Popick Oct 2012

A Time To Die?: Deciding The Legality Of Physician-Assisted Suicide, Jennifer Cole Popick

Pepperdine Law Review

No abstract provided.


Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki Oct 2012

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.


Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill, Denise M. Schultz Oct 2012

Angels Of Mercy Or Greedy Capitalists? Buying Life Insurance Policies From The Terminally Ill, Denise M. Schultz

Pepperdine Law Review

No abstract provided.


The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano Oct 2012

The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano

Pepperdine Law Review

No abstract provided.


Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger Oct 2012

Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger

Pepperdine Law Review

No abstract provided.


Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn Oct 2012

Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn

Pepperdine Law Review

No abstract provided.


Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford Oct 2012

Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford

Pepperdine Law Review

No abstract provided.


State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr. Oct 2012

State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.

Pepperdine Law Review

In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …


Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton Sep 2012

Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton

Pepperdine Law Review

No abstract provided.


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent, Jennifer Wolfberg May 2012

Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent, Jennifer Wolfberg

Pepperdine Law Review

No abstract provided.


Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn May 2012

Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn

Pepperdine Law Review

No abstract provided.


Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner Apr 2012

Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner

Pepperdine Law Review

No abstract provided.


Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett Apr 2012

Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett

Pepperdine Law Review

Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …


Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller Apr 2012

Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller

Pepperdine Law Review

No abstract provided.


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman Apr 2012

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman

Pepperdine Law Review

More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …


Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein Apr 2012

Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein

Pepperdine Law Review

No abstract provided.


Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner Mar 2012

Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner

Pepperdine Law Review

No abstract provided.