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Health Law and Policy Commons™

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2004

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Institution
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Articles 181 - 210 of 297

Full-Text Articles in Health Law and Policy

Revisioning The Oversight Of Research Involving Humans In Canada, Jocelyn Downie, Fiona Mcdonald Jan 2004

Revisioning The Oversight Of Research Involving Humans In Canada, Jocelyn Downie, Fiona Mcdonald

Articles, Book Chapters, & Popular Press

When individuals are asked to participate in research they should be able to assume that the research "is well designed and well executed, that the investigator is competent to undertake the study, that the study will be run efficiently, safely, and ethically and that the deviations from good practice will be identified and corrected." The central question that we focus on in this paper is whether the governance mechanisms that are currently in place to regulate the conduct of research involving humans are adequate to enable those who are approached to participate in research to make these assumptions. This review …

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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, …

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The Law-Medicine Center 50tj Anniversary Symposium: The Field Of Health Law: Its Past And Futrue -- Introduction, Maxwell J. Mehlman Jan 2004

The Law-Medicine Center 50tj Anniversary Symposium: The Field Of Health Law: Its Past And Futrue -- Introduction, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Reflections On Race And Bioethics In The United States, Patricia A. King Jan 2004

Reflections On Race And Bioethics In The United States, Patricia A. King

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Cheap Smokes: State And Federal Responses To Tobacco Tax Evasion Over The Internet, Christopher Banthin Jan 2004

Cheap Smokes: State And Federal Responses To Tobacco Tax Evasion Over The Internet, Christopher Banthin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Comments: Project Life, Inc. V. Glendening: Seeking Sanctuary For Women Recovering From Substance Abuse Problems, Sarah D. Bruce Jan 2004

Comments: Project Life, Inc. V. Glendening: Seeking Sanctuary For Women Recovering From Substance Abuse Problems, Sarah D. Bruce

University of Baltimore Law Review

No abstract provided.

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How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn Jan 2004

How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn

Faculty Scholarship

A drug called BiDil is poised to become the first drug ever approved by the Food and Drug Administration (FDA) to treat heart failure in African Americans - and only African Americans. This article explores the story of BiDil and considers some of its broader implications for the use of racial categories in law, medicine, and science. It argues that BiDil is an ethnic drug today as much, if not more because of the interventions of law and commerce as because of any biomedical considerations. The article is, first, a retrospective analysis of how law, commerce, science, and medicine interacted …

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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 …

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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

Articles

Gerturde Stein complained of Oakland, "There is no there there." Churchill complained of his pudding that "it has no theme." And everybody complains of health law that it lacks an organizing principle. Health law scholars bemoan the "pathologies" of health law and its contradictory and competing "paradigms'. which form a "chaotic, dysfunctional patchwork." But it should not surprise us that any field which grows by accretion lacks a unifying idea or animating concern. And health law certainly grew by accretion. It began in the 1960s, when the Law-Medicine Center was established, concerned with medical proof in litigation, physicians' malpractice, and …

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Benumbed, Carl E. Schneider Jan 2004

Benumbed, Carl E. Schneider

Articles

I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …

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Hines 57: The Catchall Case To The Texas Kidnapping Statute., Karen Bartlett Jan 2004

Hines 57: The Catchall Case To The Texas Kidnapping Statute., Karen Bartlett

St. Mary's Law Journal

This Recent Development asserts that the Texas Court of Criminal Appeals’ refusal to define “substantial interference” in relation to the kidnapping statute, opens the floodgates for every act of confinement or movement committed in the course of a substantive offense constituting kidnapping. The Court maintains it is up to the jury to define the term. If the Texas Legislature does not narrowly define the kidnapping statute, virtually every assault, robbery, sexual assault, and some murders will constitute both the substantive offense plus kidnapping. Furthermore, such logic would in effect bootstrap murder into capital murder, which happened in Herrin v. State. …

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For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons Jan 2004

For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons

St. Mary's Law Journal

Since its inception, Texas has been a favored destination for both up-start entrepreneurs and established corporations. One of the less heralded, but nonetheless significant factors that makes Texas so attractive to businesses is its long-standing devotion to the doctrine of at-will employment. The doctrine generally states that any employment relationship not governed by contract or a statutory provision is terminable at any time by either the employer or the employee for any reason or no reason at all. At-will employment has been praised by courts and commentators for the flexibility it offers both parties in decision making. Nevertheless, the at-will …

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Hipaa Implications For Attorney-Client Privilege Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., Alex L. Bednar Jan 2004

Hipaa Implications For Attorney-Client Privilege Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., Alex L. Bednar

St. Mary's Law Journal

Abstract Forthcoming.

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What Attorneys Should Know: A Comprehensive Analysis Of Proposed Rule 8a Third Annual Symposium On Legal Malpractice & Professional Responsibility: Recent Development., Kellie E. Billings Jan 2004

What Attorneys Should Know: A Comprehensive Analysis Of Proposed Rule 8a Third Annual Symposium On Legal Malpractice & Professional Responsibility: Recent Development., Kellie E. Billings

St. Mary's Law Journal

Abstract Forthcoming.

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What Future Democracy?, Aziz Rana Jan 2004

What Future Democracy?, Aziz Rana

Cornell Law Faculty Publications

The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.

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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 …

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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.

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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.

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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.

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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.

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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.

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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.

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Aboilishing The Texas Jury Shuffle., Michael M. Gallgher Jan 2004

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …

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School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii Jan 2004

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …

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Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood Jan 2004

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …

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Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton Jan 2004

Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton

St. Mary's Law Journal

This Article describes the present state of roadway police power and explores the vulnerability of drivers and occupants to police abuse, specifically using pretextual stops. Today, state and federal courts have made many police power accommodations to the constitutional reasonableness requirement. Current Fourth Amendment jurisprudence justifies almost all conceivable police seizures of people in vehicles. If the police officer can point out any traffic law violation, he can arrest. And if he can arrest under those circumstances, then the already blurred line between detentions and arrest becomes inconsequential, constitutionally speaking. This Article proposes that the Texas Court of Criminal Appeals …

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United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders Jan 2004

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …

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Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez Jan 2004

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …

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Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson Jan 2004

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …

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The Seat Belt Defense In Texas., Brian T. Bagley Jan 2004

The Seat Belt Defense In Texas., Brian T. Bagley

St. Mary's Law Journal

This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …

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