Health Law and Policy Commons^™

Recruitment; Series I; File 132, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Rct; Series I; File 179, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Resolution 1988 Convention; Series I; File 130, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Travel Arrangements; Series I; File 173, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele

St. Mary's Law Journal

Abstract Forthcoming.

Board Of Medical Quality Assurance, S. Mazza, T. Sullivan, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, S. Mazza

California Regulatory Law Reporter

No abstract provided.

Medical Decision Making During A Surrogate Pregnancy, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

This article is concerned with a tradition of paternalism within the medical and legal professions toward pregnant women, their children, and the medical decisions that pregnant women make affecting both. In most surrogacy contracts, the surrogate mother agrees not to have an abortion and to refrain from certain types of harmful conduct, including the consumption of alcoholic beverages, smoking, and the use of illegal drugs. This article will consider the implications these provisions have for medical decision making during pregnancy, and for the concepts of individual autonomy, informed consent and the developing doctrine of fetal rights.

Considering the nature of …

Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely

University of Richmond Law Review

The health care industry, known for its dynamics and constant change, lived up to its reputation throughout 1987 and early 1988. Continuing concern for the cost of hospital and physician services, availability of adequate health care services for the elderly, and the impact of the AIDS virus on health care delivery contributed to make this period a tumultuous one for the health care industry nationwide. Virginia was not spared the tumult. This article focuses on key legislative, regulatory, and judicial events of the past year, and evaluates their impact on the business of providing health care in the Commonwealth.

The Freedom To Be Psychotic, Joram Graf Haber

Journal of Law and Health

The following will examine both involuntary commitment and deinstitutionalization, as well as some recent and rather novel proposals that have been championed by those who advocate neither. I refer here to the so called "Ulysses Contract" as well as to "mandatory out-patient treatment." My concern is primarily with the moral and legal aspects of these practices and to that end will focus on more conceptual matters. I will conclude by defending a concept of freedom which does greater justice to patients' needs than does the one currently employed.

Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves

Journal of Law and Health

This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with …

State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell

Journal of Law and Health

This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.

Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin

Journal of Law and Health

Presented as part of an address on the current state of the law at the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988.

The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts

St. Mary's Law Journal

Abstract Forthcoming.

Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton

St. Mary's Law Journal

Abstract Forthcoming.

Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith

St. Mary's Law Journal

Abstract Forthcoming.

Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers

St. Mary's Law Journal

Abstract Forthcoming.

Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner

St. Mary's Law Journal

Abstract Forthcoming.

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.

Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii

St. Mary's Law Journal

Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …

The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston

St. Mary's Law Journal

Abstract Forthcoming.

Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan

St. Mary's Law Journal

Abstract Forthcoming.

Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.