Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Medicine and Health Sciences (49)
- State and Local Government Law (39)
- Administrative Law (26)
- Health Services Administration (23)
- Public Health (23)
-
- Agency (22)
- Community Health and Preventive Medicine (21)
- Health Services Research (21)
- Health and Medical Administration (21)
- Family Law (17)
- Environmental Law (16)
- Law and Society (14)
- Medical Jurisprudence (13)
- Legal Ethics and Professional Responsibility (12)
- Bioethics and Medical Ethics (11)
- Immigration Law (11)
- Jurisprudence (11)
- Mental and Social Health (11)
- Military, War, and Peace (11)
- Oil, Gas, and Mineral Law (11)
- Substance Abuse and Addiction (11)
- Constitutional Law (9)
- Insurance Law (8)
- Law and Gender (8)
- Torts (8)
- Antitrust and Trade Regulation (6)
- Legislation (6)
- Science and Technology Law (5)
- Institution
-
- University of Maryland Francis King Carey School of Law (33)
- Himmelfarb Health Sciences Library, The George Washington University (23)
- University of San Diego (22)
- University of Michigan Law School (19)
- Case Western Reserve University School of Law (16)
-
- Loyola University Chicago, School of Law (12)
- St. Mary's University (11)
- University of Miami Law School (11)
- Boston University School of Law (9)
- Cleveland State University (9)
- Vanderbilt University Law School (5)
- American University Washington College of Law (4)
- University at Buffalo School of Law (4)
- Fordham Law School (3)
- Saint Louis University School of Law (3)
- Texas A&M University School of Law (3)
- University of Baltimore Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Oklahoma College of Law (3)
- University of Washington School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Yeshiva University, Cardozo School of Law (3)
- Maurer School of Law: Indiana University (2)
- The Catholic University of America, Columbus School of Law (2)
- UIC School of Law (2)
- University of Richmond (2)
- Wayne State University (2)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Keyword
-
- Health care (17)
- Managed care (12)
- Substance abuse (11)
- AB 2721 (10)
- Health insurance (10)
-
- SB 2238 (9)
- St. Mary’s Law Journal (9)
- St. Mary’s University School of Law (9)
- Bioethics (7)
- Death (7)
- Medicine (7)
- End-of-life care (6)
- Ethics (6)
- Health care reform (6)
- Regulation (6)
- SB 1308 (6)
- AB 1439 (5)
- AB 794 (5)
- Children (5)
- Doctors (5)
- Informed consent (5)
- Nursing (5)
- Patients (5)
- Assisted suicide (4)
- Child welfare (4)
- ERISA (4)
- Genetic testing (4)
- Health care industry (4)
- Health care industry -- Florida (4)
- Law reform (4)
- Publication
-
- California Regulatory Law Reporter (22)
- Faculty Scholarship (21)
- Journal of Health Care Law and Policy (21)
- National Health Policy Forum (21)
- Health Matrix: The Journal of Law-Medicine (14)
-
- University of Michigan Journal of Law Reform (14)
- Annals of Health Law and Life Sciences (12)
- St. Mary's Law Journal (11)
- University of Miami Business Law Review (11)
- All Faculty Scholarship (7)
- Journal of Law and Health (7)
- Faculty Publications (5)
- Articles (4)
- Scholarly Works (4)
- Law & Health Care Newsletter (3)
- Mid-Atlantic Ethics Committee Newsletter (3)
- Oklahoma Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Buffalo Law Review (2)
- Cleveland State Law Review (2)
- Law Faculty Research Publications (2)
- UIC Law Review (2)
- University of Richmond Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (1956 - ) (2)
- American University Law Review (1)
- Articles & Book Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Book Chapters (1)
- Publication Type
Articles 181 - 210 of 234
Full-Text Articles in Health Law and Policy
Speech: Stopping Science: Human Cloning -- Should It Be Stopped?, Harold T. Shapiro
Speech: Stopping Science: Human Cloning -- Should It Be Stopped?, Harold T. Shapiro
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 9 Issue 1 (1999)
Masthead, Volume 9 Issue 1 (1999)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 9 Issue 1 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 9 Issue 1 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Cross-Subsidization In Hospital Care: Some Lessons From The Law And Economics Of Regulation, Dwayne A. Banks, Stephen E. Foreman, Theodore E. Keeler
Cross-Subsidization In Hospital Care: Some Lessons From The Law And Economics Of Regulation, Dwayne A. Banks, Stephen E. Foreman, Theodore E. Keeler
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Canaries In The Coal Mine: The Chronicallly Ill In Managed Care, John V. Jacobi
Canaries In The Coal Mine: The Chronicallly Ill In Managed Care, John V. Jacobi
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope
The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Journal of Law and Health
This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …
Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse
Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse
Journal of Law and Health
This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Journal of Law and Health
This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or decide whether …
Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof
Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof
Journal of Law and Health
This Article examines several aspects of the medical and legal debate on physician-assisted suicide. Part I describes the Oregon Death with Dignity Act, the only existing American law legalizing physician assisted suicide. Understanding the provisions of the DWDA provides a concrete, practical framework for discussing the medical and constitutional issues central to the PAS debate. Part II considers the wisdom of the DWDA in light of current medical knowledge and practice. The law allows a patient, with only a few months to live, a human end to intolerable suffering under controlled conditions. It is carefully crafted to ensure that patient …
Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne
Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne
Journal of Law and Health
Given this scale of investment, the centrality of information systems to the success of an HMO, the obligation of regulatory compliance, plus the attention now focused on the year 2000 "millenium bug" problem, information systems are clearly a major area of concern and oversight by corporate directors. This paper analyzes the role of information systems in HMOs and the nature of the HMO directors' duty of care in monitoring the integrity of the information systems to determine when directors may be held personally liable for losses suffered by the corporation when the systems collapse. Section I addresses in general the …
Erisa Preemption: Will The Elimination Of The Erisa Preemption Clause Help Or Harm America's Ability To Deal With Its Pending Health Care Crisis, Damon Henderson Taylor
Erisa Preemption: Will The Elimination Of The Erisa Preemption Clause Help Or Harm America's Ability To Deal With Its Pending Health Care Crisis, Damon Henderson Taylor
Journal of Law and Health
This article explores the arguments surrounding the fate of the preemption clause and argues that Congress must work to preserve self-insured employers' accountability to its employees while concurrently retaining the services of self-insured employers in the health care business. Part II analyzes the federal government's relationship with the health care industry, concentrating selectively on four episodes of federal regulation which helped create the health care crisis that we encounter today - the Hill-Burton Act, the Congressional amendments to the Health Professions Educational Assistance Act, the advent of Medicare, and ERISA. Armed with this understanding, Congress's evaluation of health care issues, …
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
St. Mary's Law Journal
Abstract Forthcoming.
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
St. Mary's Law Journal
Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
St. Mary's Law Journal
Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …
Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee
St. Mary's Law Journal
A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
St. Mary's Law Journal
The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …
Reconciling The Exercise Of Judgment And The Objective Standards Of Care In Medical Malpractice, Joseph H. King Jr.
Reconciling The Exercise Of Judgment And The Objective Standards Of Care In Medical Malpractice, Joseph H. King Jr.
Oklahoma Law Review
No abstract provided.
Preemption: The Federal Employees Health Benefit Act(Fehba): Why The Oklahoma Supreme Court Was Wrong In Allowing State Claims In Kincade V. Group Health Services, Matthew P. Sallusti
Preemption: The Federal Employees Health Benefit Act(Fehba): Why The Oklahoma Supreme Court Was Wrong In Allowing State Claims In Kincade V. Group Health Services, Matthew P. Sallusti
Oklahoma Law Review
No abstract provided.
Testing For Genetic Traits: The Need For A New Legal Doctrine Of Informed Consent , Elizabeth B. Cooper
Testing For Genetic Traits: The Need For A New Legal Doctrine Of Informed Consent , Elizabeth B. Cooper
Faculty Scholarship
Innovative medical technology has made it possible to test whether you are at increased risk for certain types of cancer. The mere processing of a vial of blood can reveal whether you have a genetic predisposition to develop breast, ovarian, or prostate cancer, or other life-threatening conditions. The Human Genome Project, an international endeavor seeking to map our genetic structures, has facilitated this increasing ability to test for genetic flaws. It is expected that as the human genetic map is filled in, and as flaws in our fundamental building blocks are identified, there will be a concomitant drive to test …
Beyond 43 Million: The "Regarded As" Prong Of The Ada And Hiv Infection - A Tautological Approach , Brian K. Esser
Beyond 43 Million: The "Regarded As" Prong Of The Ada And Hiv Infection - A Tautological Approach , Brian K. Esser
American University Law Review
No abstract provided.
Rights Discourse And Neonatal Euthanasia, Carl Schneider
Rights Discourse And Neonatal Euthanasia, Carl Schneider
Book Chapters
At the heart of our difficulty in approaching neonatal euthanasia lie the intractable questions it raises: What is human life? When is death preferable to life? What do parents owe their children? What does society owe the suffering? Those moral questions could hardly be more perplexing, yet they are further complicated when they must be resolved not informally and case by case, but through generally applicable social rules. This is so for numerous reasons. For instance, the wide range of deeply held opinions about neonatal euthanasia makes rules hard to formulate, and the wide range of factual situations in which …
Liberalism And Abortion, Robin West
Liberalism And Abortion, Robin West
Georgetown Law Faculty Publications and Other Works
First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …
Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson
Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
St. Mary's Law Journal
In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
St. Mary's Law Journal
The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
St. Mary's Law Journal
Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …