Health Law and Policy Commons^™

Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey

UIC Law Review

No abstract provided.

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

Florida's Involuntary Aids Testing Statutes, Robert Craig Waters

Florida State University Law Review

No abstract provided.

Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert

UIC Law Review

No abstract provided.

Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno

UIC Law Review

No abstract provided.

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.

Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer

UIC Law Review

No abstract provided.

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson

Journal of Law and Health

This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly

UIC Law Review

No abstract provided.

Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno

UIC Law Review

No abstract provided.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman

UIC Law Review

No abstract provided.

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel

University of Michigan Journal of Law Reform

This Note analyzes the impact of changing hospital reimbursement while maintaining charge-based reimbursement for physicians on hospital-physician relationships and on cost and quality of care. This Note contends that if the stated goals of redirecting incentives and containing costs are to be realized, physicians must be drawn into the revised reimbursement scheme. An indirect, aggregate approach is advocated to maintain the integrity of the physician-patient relationship and to avoid a direct financial impact upon the physician regarding patient care decisions. Part I will briefly examine the reasons for changing hospital reimbursement from retrospective cost-based reimbursement to prospective fixed rates. Part …

Euthanaisa Legislation: Some Non-Religious Objections, Yale Kamisar

Book Chapters

A book by Glanville Williams, The Sanctity of Lift and the Criminal Law, 1 once again brought to the fore the controversial topic of euthanasia, more popularly known as 'mercy-killing'. In keeping with the trend of the euthanasia movement over the past generation, \Villiams concentrates his efforts for reform on the voluntary type of euthanasia, for example the cancer victim begging for death, as opposed to the involuntary variety-that is, the case of the congenital idiot, the permanently insane or the senile.

When a legal scholar of Williams's stature joins the ranks of such formidable law thinkers as America's Herbert …

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

The Hill-Burton Act: A Basis For The Prevention Of Urban Hospital Relocation, Carla J. Smith

Indiana Law Journal

No abstract provided.

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

Michigan's Revised Mental Health Code, William David Serwer

University of Michigan Journal of Law Reform

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.

Session Law 72-264, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …

Creditors' Rights - Physicians' Liens On Patients' Tort Claim, Clayton R. Smalley

Michigan Law Review

A recent Illinois statute creates a lien in favor of licensed physicians for their reasonable charges for treating persons injured by the negligent or wrongful act of another. The lien attaches to all claims or causes of action of the injured person against the person causing the injury, whether settled by litigation or by settlement. The maximum amount recoverable under the lien is one-third of the sum paid or due to the injured party, and the lien is expressly made to survive his death. The physician must serve notice of his assertion of the lien on both the injured party …