Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (9)
- Medical Jurisprudence (7)
- Constitutional Law (6)
- Courts (6)
- Legal Writing and Research (6)
-
- Social Welfare Law (6)
- Civil Rights and Discrimination (5)
- Family Law (5)
- Legal Ethics and Professional Responsibility (5)
- Economics (4)
- Law and Economics (4)
- Litigation (4)
- Public Law and Legal Theory (4)
- Social and Behavioral Sciences (4)
- Comparative and Foreign Law (3)
- Judges (3)
- Arts and Humanities (2)
- Conflict of Laws (2)
- Consumer Protection Law (2)
- Law and Gender (2)
- Law and Politics (2)
- Religion (2)
- State and Local Government Law (2)
- Human Rights Law (1)
- Juvenile Law (1)
- File Type
Articles 1 - 13 of 13
Full-Text Articles in Law
Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron
Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron
Charles H. Baron
No abstract provided.
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Charles H. Baron
In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Charles H. Baron
No abstract provided.
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Charles H. Baron
No abstract provided.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole
Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole
Charles H. Baron
This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …