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Health Law and Policy Commons™

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1988

Discipline
Institution
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Publication
Publication Type

Articles 211 - 229 of 229

Full-Text Articles in Health Law and Policy

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii Jan 1988

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins Jan 1988

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

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Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott Jan 1988

Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott

St. Mary's Law Journal

Abstract Forthcoming.

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University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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A Need For Caring, Judith C. Areen Jan 1988

A Need For Caring, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Review of AIDS AND THE LAW: A GUIDE FOR THE PUBLIC. Edited by Harlon L. Dalton, Scott Burris, and the Yale AIDS Law Project. New Haven: Yale University Press. 1987. Pp. vii, 382.

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Review Of Reproductive Genetics And The Law, Judith C. Areen Jan 1988

Review Of Reproductive Genetics And The Law, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

No abstract provided.

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Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr. Jan 1988

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White Jan 1988

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.

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The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori Jan 1988

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.

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Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash Jan 1988

Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash

St. Mary's Law Journal

Abstract Forthcoming.

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Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii Jan 1988

Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean Jan 1988

Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean

St. Mary's Law Journal

Abstract Forthcoming.

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Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …

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Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye Jan 1988

Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye

University of Richmond Law Review

Submitting to an employer's demand for a urinalysis test to detect ingestion of drugs means laying your privacy, reputation, career, livelihood and possibly your freedom1 on the line. The chances of being asked to submit to a urinalysis or a polygraph test pursuant to employment are well within the realm of possibility. Virginia Electrical Power Company ("Virginia Power"), the fifth largest employer in Virginia, utilizes both urinalysis and polygraphs as investigative tools. Thus, it is foreseeable that a situation may develop where an employee is fired for refusing to submit to a urinalysis test. This Note focuses on issues that …

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Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney Jan 1988

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.

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A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr. Jan 1988

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).

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Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker Jan 1988

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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A Scarcity Of Organs, Judith C. Areen Jan 1988

A Scarcity Of Organs, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

The scarcity of organs will be eliminated only if significantly more people agree to donate their own organs and those of close family members. For this, a more fundamental rethinking of the present system of organ retrieval may be required. Such a revision would begin by placing the debate between supporters of a system based on voluntary giving and those who favor either a market system or one based on expropriation (presumed consent) in the larger context of debate about the kind of society we favor.

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Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice Jan 1988

Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice

Journal Articles

In Thornburgh v. American College of Obstetricians and Gynecologists, the Supreme Court held unconstitutional Pennsylvania statutes which required that (1) pregnant women give "informed consent" to an abortion and that they be provided information as to the characteristics of their unborn child, the nature and risks of abortion and the availability of alternatives to abortion; (2) the attending physician must file detailed reports on abortions and the reports be made available to the public for copying, even though this could lead to public identification of the woman having the abortion; (3) that in post-viability abortions, the physician use the care …

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