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Articles 1 - 6 of 6
Full-Text Articles in Law
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
Touro Law Review
No abstract provided.
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
University of Richmond Law Review
Part I relates several stories of involuntarily committed patients who were recruited into studies posing serious risks. Part II draws on these cases to argue that the involuntary commitment of these patients leaves them vulnerable to unethical treatment by researchers. Their inherently coercive circumstances present an overwhelming obstacle to voluntary consent, and their captive status makes them attractive targets for research that could be performed using less vulnerable subjects.
Part III argues that most research on this patient population is improper under generally applicable principles of informed consent and fair subject selection. However, existing protections have proved insufficient to prevent …
Medicare Advantage Special Needs Plans For “Institutionalized Individuals”: What Advantage To Enrollment?, Alissa Eden Halperin, Patricia Nemore, Vicki Gottlich, Toby Edelman
Medicare Advantage Special Needs Plans For “Institutionalized Individuals”: What Advantage To Enrollment?, Alissa Eden Halperin, Patricia Nemore, Vicki Gottlich, Toby Edelman
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner
Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner
ILSA Journal of International & Comparative Law
This article presents and compares data collected in Argentina and the United States during each country's initial experience with court-connected mediation.
What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin
What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin
Faculty Scholarship
The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at the 1994 AALS Conference, on the institutionalization of mediation – through courtconnected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common in recent years. Moreover, the topic seemed especially appropriate for the 1994 program, since Florida – the host state for the conference – was one of the first states to adopt a comprehensive statute providing for court-ordered mediation (at the trial judge's option) in civil disputes of all kinds. The move toward institutionalizing mediation has raised …
Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi
Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi
Fordham Urban Law Journal
This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …