Health Law and Policy Commons^™

Civil Rico: Overview On The Eve Of The 200th Anniversary Of The Federal Judiciary., Dan A. Naranjo, Edward L. Pina

St. Mary's Law Journal

Abstract Forthcoming.

The Supreme Court, Privacy, And Abortion, George J. Annas

Faculty Scholarship

Although states can regulate abortions after the point of fetal viability (or, more accurately, can restrict the induction of premature birth), since Roe only 13 states have enacted laws to restrict such abortions.8 Decisions after Roe In more than a dozen major cases over the succeeding 15 years, the Supreme Court applied Roe to specific attempts by some states to limit abortion rights during the first and second trimesters. [...]1989, the Court consistently struck down almost all such limitations. The Court did find it constitutional, however, for the state and federal governments to refuse to fund abortions through the Medicaid …

House Bill 1024: A Chronology, Clare Houseman, Leslie Hurt, Lucy Smith, Michele Zimmerman

Ellmer School of Nursing Faculty Publications

In speaking to those assembled for Legislative Day, Tim Oksman, lobbyist for HB1024 stated that the bill's passage against all odds was a tribute to the respect that the legislators have for the Nursing Profession. For persons interested in the political process surrounding HB1024 this chronology is written. If at times it seems repetitive, it's because the process was. The same core group of people, give or take a couple, said the same things to different people over and over again. Perhaps it is important to emphasize both the frustration and necessity of this repetition and that patience is needed …

Issues Raised By The Abortion Rescue Movement, Charles E. Rice

Journal Articles

The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.

Aids, Therapeutic Confidentiality, And Warning Third Parties, Donald H.J. Hermann, Rosalind D. Gagliano

Maryland Law Review

No abstract provided.

Summary Judgments In Texas., David Hittner, Lynne Liberato

St. Mary's Law Journal

Abstract Forthcoming.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii

University of Richmond Law Review

Health care law has proven to be a fertile ground for both legislative and judicial activity. The field covers a wide range of legal concerns including regulatory issues such as the Virginia Certificate of Public Need laws, hospital licensure statutes, antitrust issues as they relate to the activities of physicians, hospitals and other health care related institutions, as well as basic issues of contract and tort law. The recent year witnessed substantial legislative and judicial changes. This article discusses these changes as they affect hospitals, physicians and other participants in the health care industry in the Commonwealth of Virginia.

Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen

Journal of Law and Health

The birth of a healthy, normal child in American society is generally considered a "blessed event." This is not always so when the pregnancy is unwanted or unplanned. Joy is not always followed by the birth of a child whose mother's pregnancy resulted from a failed sterilization or a failed abortion because of a physician's negligent act. The abortion or sterilization may have been sought because of the fear that a pregnancy would result in a child who might threaten the mother's physical wellbeing or would put a financial strain on the family. Such negligence on the part of a …

Squeezing The Lemon - Helping Texas Consumers With New Car Problems., Darby Riley

St. Mary's Law Journal

No abstract provided.

Military Contractors Who Comply With Elements Of Government Contractor Defense Are Immune From Products Liability Suits Stemming From Design Defects., Matthew J. Sullivan

St. Mary's Law Journal

In Boyle v. United Technologies Corp., the United States Supreme Court held military contractors who comply with the elements of the government contractor defense are immune from products liability suits stemming from design defects. Lower courts consider the government contractor defense to be a combination of two separate defenses. The first is the well-settled contract specification defense which eliminates liability for contractors who properly follow client supplied specifications. The second defense is the doctrine of shared sovereign immunity shielding the contractor from liability based on public policy concerns.

In Boyle, the Court held defective design of military equipment will not …

Amici For Appellees: Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appelles Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appellees, George J. Annas, Leonard H. Glantz, Wendy K. Mariner

Faculty Scholarship

Amicus is an ad hoc group of 57 philosophers, theologians, attorneys and physicians .. .who teach medical ethics to medical students and physicians. The members believe that permitting competent adults to make important, personal medical decisions in consultation with their physician is a fundamental principle of medical ethics, and that the doctor-patient relationship deserves the constitutional protection the Court has afforded it under the right of privacy.

Why Clinical Trials Of Aids Vaccines Are Premature, Wendy K. Mariner

Faculty Scholarship

No abstract provided.

Health Care: An Overview Of The Indian Health Service, William Boyum

American Indian Law Review

No abstract provided.

Introduction (Special Health Law Issue), Ken Wing

Faculty Articles

This article outlines the topic of affordable health care in the United States. It advocates for citizens who, according to the article, do not receive adequate health care attention. Ultimately, the article demonstrates that the United States has the resources to solve the health care crisis.

The Uniform Rights Of The Terminally Ill Act: Too Little, Too Late?, Marguerite Chapman

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton

University of Richmond Law Review

In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.

Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Agency for International Development's Adoption of Policy Placing Abortion-Related Restrictions on Grants to Nongovernmental Organizations Upheld DKT Memorial Fund Ltd. v. Agency for International Development 887 F.2d 275 (D.C. Cir.1989)

Federal Long-Arm Statute Authorizes Assertion of Personal Jurisdiction over Foreign Holder of United States Patent in Patent Ownership Suit National Patent Development Corporation v. T.J. Smith & Nephew Ltd. 877 F.2d 1003 (D.C. Cir.1989) (en banc)

Venue over Alien Defendants in Antitrust Suit Proper in any United States Federal District Court under Alien Venue AcT-Go-Video, Inc. v. Akai Electric Co., Ltd. 885 F.2d 1406(9th Cir. 1989)

INS Oral Notice to …

From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Bioethics And Law: The Second Stage – Balancing Intelligent Consent And Individual Autonomy, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

The principle that government rests on the consent of the governed eventually spread beyond the political arena to alter such private behavior as the relationship between physician and patient. This Article examines the successive transformations of the principle of consent as it has developed in the field of law and bioethics from bare consent to informed consent, and then, more strikingly, to beyond informed consent. This most recent form of the principle may prove to be every bit as revolutionary as the idea of popular sovereignty in 17th century England.

The Politics Of Aids: Compulsory State Powers, Public Health, And Civil Liberties, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article argues that compulsory public powers are justified only if they meet the following criteria: there is a significant risk of transmission of the acquired immune deficiency syndrome (AIDS) virus; the public health response is efficacious in preventing a primary mode of transmission of the virus; the economic, practical, or human rights burdens are not disproportionate to the public health benefits; and the public health power is the least restrictive alternative that would prevent viral transmission.

The author carefully examines the levels of risk posed by behavior which can potentially transmit human immunodeficiency virus (HIV), and demonstrates that compulsory …

Hospitals, Health Care Professionals, And Aids: The "Right To Know" The Health Status Of Professionals And Patients, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article addresses why patients and health care professionals (HCPs) with human immunodeficiency virus (HIV) should have autonomy and privacy rights to choose whether to consent to an HIV test and to disclose their serologic status. It also demonstrates that the risk of HIV transmission in health care settings is exceedingly low, that it is probably lower than other well-accepted risks taken by patients and professionals, and that there are other less intrusive ways to further reduce the risk. The article concludes that knowledge of a patient's serologic status is unlikely to reduce risk, since no effective action could be …

What's Current In Asbestos Regulations, Janis L. Kirkland

University of Richmond Law Review

Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.

Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz

Faculty Scholarship

In Setting Limits Dr. Daniel Callahan poses a solution: the termination of some kinds of treatment for the very elderly. His solution undercuts autonomy of the individual. This Article describes the values served by autonomy and explains why autonomy is so basic to making health care decisions and why its importance is especially great in the United States. Of course, autonomy is not absolute. This Article will define those classes of cases in which autonomy can be trumped by other interests. The Article will next determine whether the class of cases defined by Dr. Callahan fits within that definition. Finally, …

There Is No Archbishop Of Science - A Comment On Elliot's Toward Incentive-Based Procedure: Three Approaches For Regulating Scientific Evidence, Robert L. Schwartz

Faculty Scholarship

As is usual when Professor Elliott writes about turning retrospective judge-oriented procedural rules into prospective attorney-oriented procedural incentives, his proposal for dealing with scientific testimony not accepted within the scientific community is both interesting and provocative. It also serves as an apology for those judges who are so in awe of science that they believe that only they or their peers in the scientific establishment-and not the common folk selected for jury service-are likely to understand the complex truths that science yields. Professor Elliott starts with the assumption that there is a need for some kind of judicial intervention to …