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Case Western Reserve University School of Law

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Articles 361 - 390 of 703

Full-Text Articles in Health Law and Policy

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, B. Jessie Hill Feb 2006

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, B. Jessie Hill

Faculty Publications

The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose ¿partial-birth¿ abortion and the right to use medical marijuana, the Supreme Court reached radically different results, based on radically different reasoning.

More recent developments, including last Term's decision in Gonzales v. Carhart, have only highlighted the doctrinal confusion and the need for a resolution. In light of this pressing need, the goal of this Article is to view all of the constitutional cases touching on …


Ethics And E-Medicine, Jessica Wilen Berg Feb 2006

Ethics And E-Medicine, Jessica Wilen Berg

Faculty Publications

The computer revolution has had enormous effect on all aspects of the practice of medicine from scheduling and billing, to treatments, to research and beyond. This article focuses on the impact of new internet technologies on relationships between physicians and patients. These forms e-medicine may be utilized outside the confines of a pre-existing relationship, and thus have the potential to replace rather than merely augment traditional medical care. They change the setting and nature of the physician-patient relationship and thereby alter how medicine is practiced.

Initial discussions of this issue implied that e-medicine was problematic because it failed to create …


Constructing Competence: Formulating Standards Of Legal Competence To Make Medical Decisions, Jessica Wilen Berg Feb 2006

Constructing Competence: Formulating Standards Of Legal Competence To Make Medical Decisions, Jessica Wilen Berg

Faculty Publications

A young woman twenty-six weeks pregnant and dying from cancer lies heavily sedated and attached to a respirator. Is she competent to determine what life-prolonging measures should be taken, or to consent to an emergency cesarean section that may save her fetus but will probably shorten her life? A quadriplegic young man wishes to end his life and requests a court order granting immunity for the medical staff who will unhook his respirator and administer sedatives. Is he competent to choose to die? A person's competence will have implications for whether he or she is allowed to decide what type …


Transporting Minors For Immoral Purposes: The Case For The Child Custody Protection Act & The Child Interstate Abortion Notification Act, Teresa Stanton Collett Jan 2006

Transporting Minors For Immoral Purposes: The Case For The Child Custody Protection Act & The Child Interstate Abortion Notification Act, Teresa Stanton Collett

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick Jan 2006

Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 16 Issue 2 (2006) Jan 2006

Masthead, Volume 16 Issue 2 (2006)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 16 Issue 2 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2006

Volume 16 Issue 2 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


U.S. Physicians Disciplined For Criminal Activity, Paul Jung, Peter Lurie, Sidney M. Wolfe Jan 2006

U.S. Physicians Disciplined For Criminal Activity, Paul Jung, Peter Lurie, Sidney M. Wolfe

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry Jan 2006

Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Truth In Testing Laws: A Shot In The Arm For Designer Gene Tests, Alexander Van Voorhees Jan 2006

Truth In Testing Laws: A Shot In The Arm For Designer Gene Tests, Alexander Van Voorhees

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby Jan 2006

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby

Faculty Publications

The Due Process Clause of the Fifth Amendment has been perverted in the federal administrative system. For example, federal agencies, such as the U.S. Department of Health and Human Services (HHS), regularly deprive individuals of liberty and property with little to no review. In its regulation of the health care industry through the Medicare program, HHS often turns a blind eye to procedural Due Process protections, such as providing individuals an opportunity to challenge the deprivation of property at a hearing, even though the Constitution, the Administrative Procedure Act, and the Medicare Act grant these protections. The Medicare compliance hearing …


The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter Jan 2006

The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


An Economic Assessment Of Damage Caps In Medical Malpractice Litigation Imposed By State Laws And The Implications For Federal Policy And Law, H. E. Frech Iii, William G. Hamm, C. Paul Wazzan Jan 2006

An Economic Assessment Of Damage Caps In Medical Malpractice Litigation Imposed By State Laws And The Implications For Federal Policy And Law, H. E. Frech Iii, William G. Hamm, C. Paul Wazzan

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Future Of Telemedicine & Its Faustian Reliance On Regulatory Trade Barriers For Protection, Thomas R. Mclean Jan 2006

The Future Of Telemedicine & Its Faustian Reliance On Regulatory Trade Barriers For Protection, Thomas R. Mclean

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni Jan 2006

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

Health Matrix: The Journal of Law-Medicine

No abstract provided.


In Respect Of People Living In A Permanent Vegetative State - And Allowing Them To Die, Lois Shepherd Jan 2006

In Respect Of People Living In A Permanent Vegetative State - And Allowing Them To Die, Lois Shepherd

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 16 Issue 1 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2006

Volume 16 Issue 1 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Symposium: Science, Politics, And Reproductive Rights -- Introduction, Jessie Hill Jan 2006

Symposium: Science, Politics, And Reproductive Rights -- Introduction, Jessie Hill

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Politics And Science: Reproductive Health, Representative Henry A. Waxman U.S. Congress Jan 2006

Politics And Science: Reproductive Health, Representative Henry A. Waxman U.S. Congress

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Surrounding Embryos: Biology, Ideology, And Politics, Janet L. Dolgin Jan 2006

Surrounding Embryos: Biology, Ideology, And Politics, Janet L. Dolgin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Cultural Priorities Revealed: The Development And Regulation Of Assisted Reproduction In The United States And Israel, Ellen Waldman Jan 2006

Cultural Priorities Revealed: The Development And Regulation Of Assisted Reproduction In The United States And Israel, Ellen Waldman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


From Age Of Consent Laws To The "Silver Ring Thing": The Regulation Of Adolescent Female Sexuality, J. Shoshanna Ehrlich Jan 2006

From Age Of Consent Laws To The "Silver Ring Thing": The Regulation Of Adolescent Female Sexuality, J. Shoshanna Ehrlich

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Unconscionability Of Conscience Clauses: Pharmacists' Consciences And Women's Access To Contraception, Jed Miller Jan 2006

The Unconscionability Of Conscience Clauses: Pharmacists' Consciences And Women's Access To Contraception, Jed Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Stopping Internet-Based Tobacco Sales Through Domain Name Seizure, Aaron J. Burstein Jan 2006

Stopping Internet-Based Tobacco Sales Through Domain Name Seizure, Aaron J. Burstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Cock-A-Doodle-Doo: Pandemic Avian Influenza And The Legal Preparation And Consequences Of An H5n1 Influenza Outbreak, N. Pieter M. O'Leary Jan 2006

Cock-A-Doodle-Doo: Pandemic Avian Influenza And The Legal Preparation And Consequences Of An H5n1 Influenza Outbreak, N. Pieter M. O'Leary

Health Matrix: The Journal of Law-Medicine

No abstract provided.


2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe Jan 2006

2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby Jan 2006

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 16 Issue 1 (2006) Jan 2006

Masthead, Volume 16 Issue 1 (2006)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Genetic Enhancement: Plan Now To Act Later, Maxwell J. Mehlman Jan 2005

Genetic Enhancement: Plan Now To Act Later, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


2005 Schroeder Scholar In Residence Lecture -- Reforming The U.S. Health Care System: What The Legal & (And) Medical Professions Need To Know, Arnold S. Relman Jan 2005

2005 Schroeder Scholar In Residence Lecture -- Reforming The U.S. Health Care System: What The Legal & (And) Medical Professions Need To Know, Arnold S. Relman

Health Matrix: The Journal of Law-Medicine

No abstract provided.