Health Law and Policy Commons^™

The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey

Journal Articles

Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.

Even …

Drug Addiction During Pregnancy: A Call For Increased Social Responsibility, Page Mcguire Linden

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women's Reproductive Rights And The Politics Of Fundamentalism: A View From Bangladesh Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Sajeda Amir, Sara Hossain

American University Law Review

No abstract provided.

Remarks Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Abdullahi An-Naim

American University Law Review

No abstract provided.

Who Should Pay For Experimental Treatments--Breast Cancer Patients V. Their Insurers , Denise S. Wolf

American University Law Review

No abstract provided.

Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt

Scholarly Works

In the Kodak context, several common health care provider practices, previously challenged with varying results under traditional antitrust analysis, may be reexamined to focus upon the effect of refusals to deal in a secondary market with potential competitors in that secondary market. This Article focuses on three such practices: (1) the non-immunized revocation of hospital staff privileges for other than legitimate, quality-of-care motives; (2) the denial of hospital privileges to differentially credentialed, state-licensed providers; and (3) the closure of membership in comprehensive health care plans, such as preferred-provider organizations, combined with a refusal to deal with nonmembers. These practices should …

Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine

American University Law Review

No abstract provided.

What Role Can Rights Play In The Work Of International Agencies Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches , Monica Sharma

American University Law Review

No abstract provided.

Transcript: Gender Planning: Different Policy Approaches To Reproductive Health Conference On The Interventional Protection Of Reproductive Rights: The Utility And Limits Of Rights Based Approaches , Caroline Moser, Anne Tinker

American University Law Review

No abstract provided.

Right To Information Necessary For Reproductive Health And Choice Under International Law, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Sandra Coliver

American University Law Review

No abstract provided.

Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine

American University Law Review

No abstract provided.

Remarks Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Anne Tierney Goldstein

American University Law Review

No abstract provided.

Challenge Of Christianity, The Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Frances Kissling

American University Law Review

No abstract provided.

Report Of The Conference Rapporteur Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Berta Esperanza Hernandez-Truyol

American University Law Review

No abstract provided.

Document Bibliography Conference On The Interventional Protection Of Reproductive Rights: Preface , Anonymous

American University Law Review

No abstract provided.

Transcript: Panel Discussion On Religious &(And) Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , American University Law Review

American University Law Review

No abstract provided.

Conference On The Interventional Protection Of Reproductive Rights: Preface, Ann Shalleck, Lauren Gilbert, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings

Articles & Chapters

No abstract provided.

Did Congress Intend To Give Patients The Right To Demand And Receive Inappropriate Medical Treatments?: Emtala Reexamined In Light Of Baby K, Elizabeth Larson Goldberg

Articles by Maurer Faculty

No abstract provided.

Mdri: Pioneering Strategies For International Enforcement Of Mental Disability Rights, Max Lapertosa, Eric Rosenthal

Human Rights Brief

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

Health Policy Below The Waterline: Medical Care And The Charitable Exemption, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

For almost one hundred years, America's nonprofit hospitals have enjoyed nearly automatic exemption from federal income taxation. During this time, nonprofit hospitals transformed themselves from resting places of last resort for the sick poor into centers of high-technology intervention for all income groups. The financing of their services evolved in parallel, from primary dependence on the generosity of religious orders and charitable donors, to almost exclusive reliance on payments for services rendered. Meanwhile, the exemption's doctrinal underpinnings were repeatedly reinvented to accommodate change in the hospital industry's financial structure and social role. When Congress first enacted a charitable exemption to …

Genetic Privacy, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Human genomic information is invested with enormous power in a scientifically motivated society. Genomic information has the capacity to produce a great deal of good for society. It can help identify and understand the etiology and pathophysiology of disease. In so doing, medicine and science can expand the ability to prevent and ameliorate human malady through genetic testing, treatment, and reproductive counseling.

Genomic information can just as powerfully serve less beneficent ends. Information can be used to discover deeply personal attributes of an individual's life. That information can be used to invade a person's private sphere, to alter a person's …

Health Information Privacy, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Thoughtful scholarship in the area of informational privacy sometimes assumes that a significant level of privacy can coexist with the development of a modern health information infrastructure. Some commentators suggest that we can have it both ways: that adequate legal protection of informational privacy will eliminate the need to significantly limit the collection of health data. This article demonstrates that there is no such easy resolution of the conflict between the need for information and the need for privacy. Because significant levels of privacy cannot realistically be achieved within the health information infrastructure currently envisaged by policymakers, we confront a …

Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article uses tuberculosis as the paradigm for exploring rational standards for the exercise of compulsory public health powers. Extant doctrine in disability and constitutional law provides a lens for examining judicial review of state interventions. The author first sets out the central epidemiological and biological aspects of tuberculosis to demonstrate the strength of the governmental interest in curtailing the epidemic. Second, he examines the interventions of testing, screening, and confinement of persons with tuberculosis, where he focuses on two congregate settings--correctional and health care facilities--that present substantial health risks and are principal foci for the exercise of state intervention. …

The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The resurgence of tuberculosis and the rise in drug-resistant cases is neither inexplicable nor unexpected, but rather is the predictable outcome of a complex configuration of biological, social, and behavioral factors that have converged in America over the past decade. This article examines the biological, social, and behavioral causes of the epidemic, and suggests a comprehensive public health strategy for curtailing tuberculosis and other infectious diseases. When thoughtfully conceived, public health strategies can be implemented that are consistent with the limitations that both constitutional law and disability law place on the authority of the state. While traditional concepts of public …