Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 297

Full-Text Articles in Health Law and Policy

Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler Jan 2004

Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler

St. Mary's Law Journal

Abstract Forthcoming.


Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld Jan 2004

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Law Faculty Scholarly Articles

This article focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone; it has been some time since physicians have been able to operate as a guild of autonomous providers of health care. The delivery and financing of health care places physicians in an integrated system that is only frustrated by the corporate practice of medicine doctrine. Second, it is disingenuous to pretend that physicians are not influenced by financial gain. This is handily evidenced by the federal and …


Where Is Health Law Going ? Follow The Money, Robert L. Schwartz Jan 2004

Where Is Health Law Going ? Follow The Money, Robert L. Schwartz

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 14 Issue 2 (2004), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2004

Volume 14 Issue 2 (2004), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum Jan 2004

Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum

Faculty Publications & Other Works

No abstract provided.


Feng Shui And The Restructuring Of The Hospital Corporation: A Call For Change In The Face Of The Medical Error Epidemic, John D. Blum Jan 2004

Feng Shui And The Restructuring Of The Hospital Corporation: A Call For Change In The Face Of The Medical Error Epidemic, John D. Blum

Faculty Publications & Other Works

No abstract provided.


Feeding Tubes, Slippery Slopes, And Physician-Assisted Suicide, David Orentlicher, Christopher M. Callahan Md Jan 2004

Feeding Tubes, Slippery Slopes, And Physician-Assisted Suicide, David Orentlicher, Christopher M. Callahan Md

Scholarly Works

No abstract provided.


Use And Disclosure Of Protected Health Information For Research Under The Hippa Privacy Rule, The: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino Jan 2004

Use And Disclosure Of Protected Health Information For Research Under The Hippa Privacy Rule, The: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino

Scholarly Works

This article offers a legal and ethical analysis of the requirements of federal privacy regulations (herein after the “Privacy Rules”) relating to the use and disclosure of individually identifiable health information for research activities. Section II of this article provides a legal summary of the Privacy Rules’ complex research provisions. Sections III and IV of this article analyze the Privacy Rules’ research provisions from a legal and ethical perspective. Specifically, Section III addresses whether the Privacy Rules promote autonomy by analyzing certain of the legal rights attributed to individuals who are the subjects of health information including: (1) the general …


Not So Peaceful Coexistence: Inherent Tensions In Addressing Tort Law Reform, Jeffrey W. Stempel Jan 2004

Not So Peaceful Coexistence: Inherent Tensions In Addressing Tort Law Reform, Jeffrey W. Stempel

Scholarly Works

As Professor Michael Green's comments trenchantly remind us, all of this has a familiar ring: insurers and tort defendants claim unfairly escalating liability, plaintiffs' lawyers and consumer groups counterattack, and (for the most part), insurers and defendants obtain some of the relief they seek. The tort reform victories are not so overwhelming as to completely unravel the historical rights of victims or the power of courts generally, but some constriction of rights inevitably occurs. During periods of quiescence, plaintiffs and consumers take back some lost territory through common law victories expanding claimant rights, or through specific legislation. Statutes that permitted …


American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino Jan 2004

American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino

Scholarly Works

From the colonial period to the Great Depression, lay midwives attended a large proportion of deliveries that occurred in the United States. As late as 1900, midwife-attended home births accounted for approximately one-half of all births in the United States. By 1950, however, physicians attended more than eighty percent of all deliveries in the hospital setting. Historians have analyzed and interpreted birth statistics, medical textbooks, medical school curricula, minutes of medical society meetings, public health reports, articles in medical journals and popular magazines, letters from laboring mothers, diaries of midwives, legislative committee reports, and state legislation to identify issues of …


Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter Jan 2004

Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter

Washington and Lee Law Review

No abstract provided.


Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams Jan 2004

Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams

Washington and Lee Law Review

No abstract provided.


Beyond Welfare Reform: Can We Build A Local Welfare State?, Frank W. Munger Jan 2004

Beyond Welfare Reform: Can We Build A Local Welfare State?, Frank W. Munger

Articles & Chapters

No abstract provided.


Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham Jan 2004

Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham

Articles & Book Chapters

The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician’s most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, …


In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie Jan 2004

In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.


Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue Jan 2004

Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue

Law Faculty Publications

Law is a tool that can be used to shape both private and government conduct so as to impact public health. There are at least seven different techniques of legal intervention, each of which has advantages and disadvantages. These techniques are: direct regulation through command and coercion; economic incentives to encourage private parties to behave in a particular way; indirect regulation through private enforcement such as tort law; altering the informational environment; directly providing services or infrastructure to the public; government acting as a "model citizen" with respect to its employees and facilities; and, inducing other levels of government to …


Masthead, Volume 14 Issue 1 (2004) Jan 2004

Masthead, Volume 14 Issue 1 (2004)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 14 Issue 1 (2004), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2004

Volume 14 Issue 1 (2004), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Care Law And Policy: Whence And Whither ?, James F. Blumstein Jan 2004

Health Care Law And Policy: Whence And Whither ?, James F. Blumstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Bioethics ? The Law And Biomedical Advance, Roger B. Dworkin Jan 2004

Bioethics ? The Law And Biomedical Advance, Roger B. Dworkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


From The Doctor To The System: The New Demands Of Health Law, Barry R. Furrow Jan 2004

From The Doctor To The System: The New Demands Of Health Law, Barry R. Furrow

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Tribute To Mentors, Jesse A. Goldner Jan 2004

A Tribute To Mentors, Jesse A. Goldner

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Where Is The "There" In Health Law - Can It Become A Coherent Field, Mark A. Hall, Carl E. Schneider Jan 2004

Where Is The "There" In Health Law - Can It Become A Coherent Field, Mark A. Hall, Carl E. Schneider

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Comparative And International Health Law, Timothy Stoltzfus Jost Jan 2004

Comparative And International Health Law, Timothy Stoltzfus Jost

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Four Ages Of Health Law, Rand E. Rosenblatt Jan 2004

The Four Ages Of Health Law, Rand E. Rosenblatt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Growth Of Health Law And Bioethics, Mark A. Rothstein Jan 2004

The Growth Of Health Law And Bioethics, Mark A. Rothstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Some Reflections On Teaching Law And Medicine In Law School Since The '60s, Walter Wadlington Jan 2004

Some Reflections On Teaching Law And Medicine In Law School Since The '60s, Walter Wadlington

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Letter To The Editors Of Health Matrix, Ken Wing Jan 2004

Letter To The Editors Of Health Matrix, Ken Wing

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 14 Issue 2 (2004) Jan 2004

Masthead, Volume 14 Issue 2 (2004)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgam Fillings, Mary Ann Chirba-Martin, Carolyn M. Welshhans Jan 2004

An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgam Fillings, Mary Ann Chirba-Martin, Carolyn M. Welshhans

Health Matrix: The Journal of Law-Medicine

No abstract provided.