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1999

Discipline
Institution
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Publication
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Articles 181 - 210 of 234

Full-Text Articles in Health Law and Policy

Patient Safety, Risk Reduction, And The Law, Larry I. Palmer Jan 1999

Patient Safety, Risk Reduction, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.


Volume 9 Issue 2 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 1999

Volume 9 Issue 2 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Justification By Faith, Carl E. Schneider Jan 1999

Justification By Faith, Carl E. Schneider

Articles

In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …


The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph Jan 1999

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 …


Patient Safety, Risk Reduction, And The Law, Larry I. Palmer Jan 1999

Patient Safety, Risk Reduction, And The Law, Larry I. Palmer

Cornell Law Faculty Publications

"Patient safety" has come of age. With the publication of several empirical studies of medical injuries and the recent Institute of Medicine Report, To Err is Human: Building a Safe Health System, scholars from a variety of disciplines are advocating "systems thinking" as a way of preventing medical accidents. These scholars have been influenced by efforts to reduce accidents in other high risk industries such as aviation and scholarship in law proposing "no fault systems" for compensating medical accident victims. This article proposes that in order to incorporate "systems thinking" about medical error reduction, legal scholarship on the health care …


Board Of Pharmacy, Nicole Slanker Jan 1999

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.


America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson Jan 1999

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 …


Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri Jan 1999

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 Jan 1999

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 …


Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen Jan 1999

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 …


Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap Jan 1999

Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap

Articles & Book Chapters

This chapter will identify and examine some of the major legal issues raised by the development and proliferation of technologies involved in assisted reproduction. It will review the application of existing legal principles, statutes and common law rules to these issues, and will illustrate the uncertainty present in the current legal regime in Canada. The chapter will then evaluate the need for a unified regulatory framework for reproductive technologies ("RTs").' While the focus of the chapter is an identification and review of the legal issues, it should be understood that these are shaped in a moral, ethical and social context.


Masthead, Volume 9 Issue 2 (1999) Jan 1999

Masthead, Volume 9 Issue 2 (1999)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Symposium: Stopping Science -- Stopping Embryo Research, Ronald M. Green Jan 1999

Symposium: Stopping Science -- Stopping Embryo Research, Ronald M. Green

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Stopping Science: The Case Of Cryptography, David Banisar Jan 1999

Stopping Science: The Case Of Cryptography, David Banisar

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Speech: Stopping Science: Human Cloning -- Should It Be Stopped?, Harold T. Shapiro Jan 1999

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) Jan 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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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.


Antitrust And The Health Care Industry: The View From The Three Branches, Thomas L. Greaney Jan 1999

Antitrust And The Health Care Industry: The View From The Three Branches, Thomas L. Greaney

All Faculty Scholarship

This article provides a critical appraisal of the summer's three major health care antitrust events. The California Dental Association case, the Justice Department's challenge to the Aetna-Prudential merger, and the proposed Quality Health Care Coalition Act of 1999 are likely to have a significant influence on the trajectory of antitrust enforcement in the coming years. The author argues that the reasoning of these precedents suffers from an over reaction to the managed care bogeyman and a lack of attention to sound antitrust jurisprudence. In a postscript, it finds similar shortcomings with the Eighth Circuit's recent decision in FTC & State …


Unnecessary Adversaries At The End Of Life: Mediating End-Of-Life Treatment Disputes To Prevent Erosion Of Physician-Patient Relationships, Robert Gatter Jan 1999

Unnecessary Adversaries At The End Of Life: Mediating End-Of-Life Treatment Disputes To Prevent Erosion Of Physician-Patient Relationships, Robert Gatter

All Faculty Scholarship

Professor Gatter estimates that institutional ethics consultation processes are used to resolve as many as 13,500 end-of-life treatment (EOLT) disputes each year. Despite this sizable case load, the law has largely ignored the method of dispute resolution used to address EOLT disagreements. This article argues that, at the stage when an ethics consultation is requested in an EOLT dispute, mediation is the most appropriate method for attempting to resolve that dispute. This article challenges current wisdom that mediation is inappropriate for addressing disputes between physicians and patients. The challenge is based on four key points. First, EOLT disputes between physicians …


Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden Jan 1999

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 Jan 1999

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 …


Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof Jan 1999

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 Jan 1999

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 …


Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders Jan 1999

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 …


Beyond 43 Million: The "Regarded As" Prong Of The Ada And Hiv Infection - A Tautological Approach , Brian K. Esser Jan 1999

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 Jan 1999

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 …


Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson Jan 1999

Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.