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Health Law and Policy Commons™

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2001

Discipline
Institution
Keyword
Publication
Publication Type

Articles 151 - 180 of 247

Full-Text Articles in Health Law and Policy

Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie Jan 2001

Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, we provide some background on the history of newborn screening and the legal context within which questions regarding consent must be answered, and then turn to the various arguments that can be made for and against the current approach to parental consent to genetic and metabolic tests administered as part of provincial/territorial newborn screening programs. In the end, we conclude that either practice should be changed to align it with current law such that explicit parental consent is sought for the established tests, or that advocates for maintaining current practices should lobby for legislation permitting newborn screening …

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Health Care Ethics Experts In Canadian Courts, Jocelyn Downie Jan 2001

Health Care Ethics Experts In Canadian Courts, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, I will first describe the traditional approach to the use of experts in Canadian courts. Then I will consider whether, on this approach, health care ethics experts should be permitted to testify in Canadian courts. I will argue that they should be permitted to testify but caution should be exercised by the courts, the parties, and the experts themselves. The objective of the paper is to highlight the strengths and raise some concerns about the weaknesses of a practice that appears to be growing, so that the potential harmful consequences might be anticipated, problems with the practice …

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The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis Jan 2001

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 …

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Unemployment Insurance And Wealth Redistribution, Gillian Lester Jan 2001

Unemployment Insurance And Wealth Redistribution, Gillian Lester

Faculty Scholarship

This Article evaluates the merit of liberalizing unemployment insurance eligibility as a means to achieve progressive wealth redistribution-an idea that has recently gained popularity among policymakers and legal scholars. Unemployment insurance (UI) provides temporary, partial wage replacement to workers who suffer unexpected job loss, but it tends to exclude workers who have very low wages or hours of work, or who quit for reasons considered "personal" (for example, to accommodate family demands). Professor Lester argues that while redistribution to workers who are poor or who have caregiving obligations is a desirable goal, expanding UI is a poor way to do …

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The Mature Minor Doctrine: Do Adolescents Have The Right To Die ?, Ann Eileen Driggs Jan 2001

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman Jan 2001

Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman

St. Mary's Law Journal

Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …

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Quality Control, Enterprise Liability, And Distintermediation In Managed Care, Nicole Huberfeld, John V. Jacobi Jan 2001

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 …

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Masthead, Volume 11 Issue 2 (2001) Jan 2001

Masthead, Volume 11 Issue 2 (2001)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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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 Jan 2001

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.

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Construing Intellectual Property Rights And Competition Policy Consistently With Facilitating Access To Affordable Aids Drugs To Low-End Consumers, James T. Gathii Jan 2001

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.

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Longevity And The Future: Challenges Of Health Policy, John D. Blum Jan 2001

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

Faculty Publications & Other Works

No abstract provided.

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Overcoming Managed Care Regulatory Chaos Through A Restructured Federalism, John D. Blum Jan 2001

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

Faculty Publications & Other Works

No abstract provided.

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Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson Jan 2001

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

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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 Jan 2001

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.

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Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller Jan 2001

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

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Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps Jan 2001

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

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Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

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Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman Jan 2001

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

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Those Dangerous Student Prayers., Kelly J. Coghlan Jan 2001

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

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Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter Jan 2001

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney Jan 2001

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

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Internet Property Rights: E-Trespass., John D. Saba Jr. Jan 2001

Internet Property Rights: E-Trespass., John D. Saba Jr.

St. Mary's Law Journal

Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …

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Masthead, Volume 11 Issue 1 (2001) Jan 2001

Masthead, Volume 11 Issue 1 (2001)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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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 Jan 2001

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.

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Harm Reduction In The Health Care System: The Legality Of Prescribing And Dispensing Syringes To Drug Users, Scott Burris, Peter Lurie, Mitzi Ng Jan 2001

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.

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Federal Law And Syringe Prescription And Dispensing, Daniel Abrahamson Jan 2001

Federal Law And Syringe Prescription And Dispensing, Daniel Abrahamson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman Jan 2001

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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An Analysis Of Ethical Issues In Prescribing And Dispensing Syringes To Injection Drug Users, Zita Lazzarini Jan 2001

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.

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The Genesis Of Syringe Prescription To Prevent Hiv In Rhode Island, Josiah D. Rich, Michelle Mckenzie, Grace Macalino, Valgerdur Runnarsdottir Jan 2001

The Genesis Of Syringe Prescription To Prevent Hiv In Rhode Island, Josiah D. Rich, Michelle Mckenzie, Grace Macalino, Valgerdur Runnarsdottir

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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