Health Law and Policy Commons^™

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit

St. Mary's Law Journal

The Texas system leaves the elderly and disabled vulnerable to financial vultures. Despite guardianship and pre-planning processes meant to empower elderly and disabled Texans to choose who shall manage their affairs, the Texas system may give a financial vulture access to the elderly or disabled’s accounts. Texas agencies such as Adult Protective Services’ purpose is to stop the abuse of the elderly, however, the agency is sometimes used as a tool to circumvent the stated wishes of an elderly person. For example, a person seeking to exploit an elderly person may do so by simply filing charges with Adult Protective …

The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara

St. Thomas Law Review

Foreword: The Intersection of Law and Medicine by Kathy L. Cerminara.

End-Of-Life Care In Florida: Should The Law Follow The Lobbyists Or The People's Wishes, Alison Cossetti

St. Thomas Law Review

One of the hottest topics on the minds and lips of many Floridians is end-of-life care. This is understandable since the state of Florida contains the largest percentage of elderly individuals, the third highest amount of people afflicted with the AIDS virus, and the fourth largest number of deaths per year from chronic obstructive pulmonary disease and heart disease in the nation. The Florida Legislature realizes that the state is extremely diverse in the areas of ethnicity, race, cultural customs, and religious beliefs, and believes that a person's experience with death, the process of dying, and their choices pertaining to …

Advance Directives: Taking Control Of End-Of-Life Decisions, Anita Cava

St. Thomas Law Review

No abstract provided.

Student Scholarship, In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily F. Suski

Faculty Publications By Year

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

Ethics, Ethnicity, And Dementia: A "Culture-Fair" Approach To Bioethical Advocacy In Dementing Illness, Ramon Valle

Georgia Law Review

The aims of this discussion are to twofold. The first is to apply what Post et al. term a cultural lens to bioethical decisionmaking processes in dementing illness.' The second is to assist the ethical advocate to develop a cultural analysis strategy for application of ethical decisionmaking processes within ethnically diverse populations. An assumption made here is that, as human inventions, ethical systems are an extension of culture, taking their imprint from the ethnocultural systems from which they emerge.' It is true that ethical systems and their principles can be widely shared across cultures. Modern bioethics, as promulgated within the …

The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.

The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis

Articles & Book Chapters

Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …

No "Dilettante Affair": Rethinking The Experimental Use Exception To Patent Infringement For Biomedical Research Tools, Janice M. Mueller

Washington Law Review

Scientists who require multiple "research tools" (i.e., laboratory resources such as transgenic animals and biological receptors) to develop new drugs and medical diagnostic products are frequently finding that these tools are patented or subject to other proprietary constraints. Stacking royalty obligations and heightened transaction costs resulting from the proliferation of patents on research tools threaten to slow or stop the development of new drugs and devices critical to public health. Because U.S. courts have very narrowly interpreted the common law "experimental use" defense of patent law as limited to "dilettante" uses of inventions for mere "amusement" or "philosophical" inquiry, scientists …

The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?

The Mature Minor Doctrine: Do Adolescents Have The Right To Die ?, Ann Eileen Driggs

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley

Richmond Journal of Law & Technology

Rivaled only by lawyers, those who earn their livelihood by practicing medicine are viewed by many as America's Public Enemy No. 1. This perception is due to the rising cost of medicine, the over-scheduling of patients, and the poor bedside manner that many people associate with a trip to the doctor's office. However, the advent of the Internet and its proliferation into schools, offices, and homes has placed medical opinions only a mouse click away. Websites, such as cyberdocs.com, allow patients to type in a description of their ailments and receive diagnoses and treatment advice from an on-line medical professional …

Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena

St. Mary's Law Journal

Abstract Forthcoming.

Quality Control, Enterprise Liability, And Distintermediation In Managed Care, Nicole Huberfeld, John V. Jacobi

Law Faculty Scholarly Articles

In this article, the authors examine the potential of enterprise liability in light of current health-care finance realities. The article begins by addressing background issues of medical malpractice theory and the development of proposals for a form of plan-based enterprise medical liability centered on managed care organizations (MCOs). The authors then describe recent trends in the evolution of more loosely structured MCOs, including the emergence of "disintermediated," or patient-directed, plans. The authors examine the extent to which these developments weaken the rationales for plan-based enterprise liability. The article concludes nevertheless that plan-based enterprise liability best serves the goal of reducing …

Masthead, Volume 11 Issue 2 (2001)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Don't Hate Me Because I'M Beautiful...And Intelligent...And Athletic: Constitutional Issues In Genetic Enhancement And The Appropriate Legal Analysis, Skylar A. Sherwood

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Construing Intellectual Property Rights And Competition Policy Consistently With Facilitating Access To Affordable Aids Drugs To Low-End Consumers, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Longevity And The Future: Challenges Of Health Policy, John D. Blum

Faculty Publications & Other Works

No abstract provided.

Overcoming Managed Care Regulatory Chaos Through A Restructured Federalism, John D. Blum

Faculty Publications & Other Works

No abstract provided.

Surrogacy From The Perspectives Of Economic And Civil Liberties, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The field of law and economics, of which Judge Posner is the leading theorist, has offered a rich and sophisticated framework for thinking about a wide variety of problems at the interface of law and society. The theory, based on economic principles for understanding behavioral incentives and disincentives, is widely taught in law schools and is influential in scholarship. I have not always agreed with the application of the theory to complex problems of individual and group behavior, yet I constantly have been impressed with the elegance of the writing and analysis.

Judge Posner thinks about surrogacy arrangements in terms …

Placebo-Controlled Trials Of New Drugs: Ethical Considerations, David Orentlicher

Scholarly Works

No abstract provided.

Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko

Scholarly Works

The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …

Masthead, Volume 11 Issue 1 (2001)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 11 Issue 1 (2001), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Symposium: Legal And Ethical Issues Of Physician Prescription And Pharmacy Sale Of Syringes To Patients Who Inject Illegal Drugs--Introduction: Ask, Tell, Help, Scott Burris

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Harm Reduction In The Health Care System: The Legality Of Prescribing And Dispensing Syringes To Drug Users, Scott Burris, Peter Lurie, Mitzi Ng

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Federal Law And Syringe Prescription And Dispensing, Daniel Abrahamson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

An Analysis Of Ethical Issues In Prescribing And Dispensing Syringes To Injection Drug Users, Zita Lazzarini

Health Matrix: The Journal of Law-Medicine

No abstract provided.