Health Law and Policy Commons^™

Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones

St. Mary's Law Journal

No abstract provided.

Avoiding The Issue Of Whether Implied Warranties Extend To Professional Services By Defining Horse Training As A Modification Of An Existing Tangible Good., Wendy Hunkele

St. Mary's Law Journal

No abstract provided.

Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe

St. Mary's Law Journal

Abstract Forthcoming.

In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker

St. Mary's Law Journal

Abstract Forthcoming.

A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal

St. Mary's Law Journal

No abstract provided.

Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams

St. Mary's Law Journal

No abstract provided.

Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez

St. Mary's Law Journal

No abstract provided.

An Understanding Of Damages Recoverable Under The Dtpa., Deborah J. Bullion

St. Mary's Law Journal

No abstract provided.

The Relevancy Revolution In Criminal Law: A Practical Tour Through The Texas Rules Of Criminal Evidence., Cathleen C. Herasimchuk

St. Mary's Law Journal

No abstract provided.

Judiciary's Inherent Power To Compel Funding: A Tale Of Heating Stoves And Air Conditioners., Ted Z. Robertson, Christa Brown

St. Mary's Law Journal

No abstract provided.

Can Shakespeare Make You A Partner., Michael L. Richmond

St. Mary's Law Journal

No abstract provided.

The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy

St. Mary's Law Journal

No abstract provided.

Causes Of Action Stemming From Federal Government's Negligence In Implementing Mandatory Regulations Or Statutes Are Not Barred By Discretionary Function Exception Of Federal Tort Claims Act., Irl I. Nathan

St. Mary's Law Journal

No abstract provided.

Foreword., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

Address., William H. Rehnquist

St. Mary's Law Journal

Abstract Forthcoming.

The Federal Courts Study Committee Begins Its Work., Joseph F. Weis Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell

St. Mary's Law Journal

Abstract Forthcoming.

Technology Transfers: What If The Other Party Files Bankruptcy., Ann Livingston, Leif M. Clark

St. Mary's Law Journal

Abstract Forthcoming.

The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff

St. Mary's Law Journal

Abstract Forthcoming.

Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger

St. Mary's Law Journal

Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …

D.W.I. Suspects Do Not Have Right To Consult With Counsel Before Intoxilyzer Test Under Texas Constitution Because Test Is Not A Critical Stage In Proceedings., Clifford C. Herberg Jr.

St. Mary's Law Journal

Under the Texas Constitution, D.W.I. suspects do not have a right to consult with counsel before an intoxilyzer test because the test is not considered a “critical stage” in proceedings. In Forte v. State, the Texas Court of Criminal Appeals adopted the critical stage approach and held D.W.I. suspects do not have a right to counsel under the Texas Constitution until the filing of the complaint. The court reasoned because the statute implies consent to the test, and the suspect has no legal right to refuse the test, counsel’s presence would not serve to protect “any known right or safeguard,” …

From Medicalization To Legalization To Politicization: Cruzan, O'Connor And Refusal Of Treatment In The 1990s, Sandra H. Johnson

All Faculty Scholarship

End-of-life decisionmaking is very often accompanied by high stakes and human drama, as evinced in the 1988 decisions of In re Westchester County Medical Center (O’Connor) and Cruzan v. Harmon. This article analyzes these two legal battles both for their place in the jurisprudence of medical treatment decisionmaking of the 1980s and foreshadowing of 1990s conflicts.

The article begins with a discussion of the O’Connor and Cruzan decisions. In O’Connor, the New York Court of Appeals ordered treatment of a significantly brain damaged patient over and above the wishes of the family, requiring “clear and convincing evidence” of the patient’s …

Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney

All Faculty Scholarship

This article considers quality-based justifications for antitrust challenges to collaboration among health care professionals. It first examines doctrinal developments resisting such justifications and, with a skeptical eye, analyzes attempts to interject quality of care and worthy motive defenses into antitrust appraisals of horizontal restraints of trade. Next the article assesses the economic basis and the risks and benefits of a market failure defense that would allow some quality-enhancing restraints of trade to escape antitrust challenge. Its principle recommendation is that courts recognize a narrow, market failure defense subject to several limiting principles to cabin its reach. The article concludes by …

Evaluating Child Care Legislation: Program Structures And Political Consequences, Lance Liebman

Faculty Scholarship

The American political system is not good at choosing among worthy goals and then adopting programs well designed to achieve the desired purposes. Scholars and activists continue to debate the success and failure of the last quarter century of efforts to reduce inequality and achieve other social reforms. But we have no well developed methodology for evaluating proposed programs and attempting to predict their likely consequences.

This Article asks what we know about choosing legal structures for programmatic efforts that seek social change. In particular, it asks whether we can predict relationships between different ways of pursuing public ends and …

Encouragement Of Empathy: Just Decision Making For Incompetent Terminal Patients, Michelle L. Oxman

Journal of Law and Health

Logically, there may be little difference between discontinuing a machine that maintains the patient's breathing and discontinuing artificial nutrition and hydration. However, discontinuing artificial nutrition results in death by starvation and thirst over a period of days or weeks, as contrasted with the almost immediate death produced by discontinuing a respirator. The increased length of time that it would take for the patient to die from starvation and dehydration caused by the withdrawal of artificial feeding has influenced the opinion of some judges. The emotional ramifications of denying food and water to a seriously ill person have also affected judicial …

Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle

St. Mary's Law Journal

Abstract Forthcoming.

Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea

St. Mary's Law Journal

No abstract provided.

Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black

St. Mary's Law Journal

No abstract provided.

Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas

St. Mary's Law Journal

In Vail v. Texas Farm Bureau Mutual Insurance Company, the Texas Supreme Court held a private cause of action for unfair insurance claim settlement practices exists under the Texas Deceptive Trade Practices Act and Insurance Code (DTPA). The DTPA and Insurance Code have repeatedly been used against the insurance industry in the areas of first and third-party claims, particularly in cases involving sales misrepresentations and post-loss claims misconduct. The goal of DTPA is to provide adequate safeguards to aggrieved consumers and, therefore, a broad interpretation of the act allows the courts to provide consumers a remedy and deter the continuance …