Health Law and Policy Commons^™

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler

St. Mary's Law Journal

Abstract Forthcoming.

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch

St. Mary's Law Journal

Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

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.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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)

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

2004 Schroeder Scholar In Residence Lecture -- Fda: Protecting And Advancing America's Health, Mark B. Mcclellan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Faculty Articles

No abstract provided.

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

Cardozo Journal of Equal Rights & Social Justice

The transition from lay midwife-assisted home births to physician-controlled hospital deliveries in the U.S. was driven by a complex interplay of professional competition, economic interests, and societal biases, which were reinforced by judicial deference to state legislative preferences favoring medical dominance over childbirth practices.

Good Enough To Use For Research, But Not Good Enough To Benefit From The Results Of That Research: Are The Clinical Hiv Vaccine Trials In Africa Unjust?, Ruqaiijah A. Yearby

All Faculty Scholarship

The epidemic of the Human Immunodeficiency Virus (HIV) infection in Sub-Saharan Africa, the region most affected by the HIV pandemic and where HIV is the leading cause of death, is reaching insurmountable proportions. In fact, out of the 36.1 million HIV infections worldwide, 25.3 million, seventy percent, are in Sub-Saharan Africa. Additionally, of the more than 15,000 people who are infected with HIV every day, ninety-five percent of the cases are in populations that live in developing countries such as those located in Sub-Saharan Africa. Due to the significant number of Africans infected with HIV, many researchers and ethicists have …

Disentitlement? The Threats Facing Our Public Health-Care Programs And A Rights Based Response, Sidney D. Watson

All Faculty Scholarship

In the battle over the future of American health policy, the lines are drawn. On one side are those who seek to turn health care financing and delivery over to private markets that are individualized—where patients strike their own bargains rather than relying on employers or government insurers—and free from governmental mandates. On the other side are those who support a continuing role for government in assuring access to health insurance and health services and in controlling costs and monitoring the quality of care. The lines are hard, fast, and ideological.

The most recent skirmish ended November 24, 2003, when …

Five Easy Pieces: Motifs Of Health Law, Sandra H. Johnson

All Faculty Scholarship

The film Five Easy Pieces is named for a selection of five piano compositions that the Jack Nicholson character played in a childhood recital. Here, its namesake refers to five motifs of teaching and practicing health law. Like playing the piano pieces, some of these motifs sound difficult to teach but are quite easy, and others sound easy but are quite difficult.

First, whether it is the lawyers shaking their heads about the doctors or the doctors stunned by the ignorance of the lawyers, these two professions have difficulty reaching common understandings. Health law’s defining characteristic is that it attempts …

Health Of The People: The Highest Law?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Law and ethics in population health are undergoing a renaissance. Once fashionable during the Industrial and Progressive eras, the ideals of population health began to wither with the rise of liberalism in the late twentieth century. In their place came a sharpened focus on personal and economic freedom. Political attention shifted from population health to individual health and from public health to private medicine.

The field of public health law and ethics needs a theory and definition (what is public health law and ethics and what are its doctrinal boundaries?); a well-articulated vision (why should health be a salient public …

Pandemic Influenza: Public Health Preparedness For The Next Global Health Emergency, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Severe Acute Respiratory Syndrome (SARS) garnered a great deal of public attention because it was novel and its potential for spread was unknown. However, the SARS corona virus is significantly less virulent than pandemic influenza viral infections. The annual number of deaths for seasonal influenza is 36,000 people in the United States and 250,000- 500,000 worldwide. However, highly pathogenic influenza pandemics have occurred roughly 2-3 times per century, causing untold morbidity and mortality. The Spanish influenza pandemic of 1918 was believed to have caused over 20 million deaths in a world less than one-third the size of the current global …

Chicago's Procrustean Bed: Applying Antitrust Law In Health Care, Thomas L. Greaney

All Faculty Scholarship

Antitrust enforcement in health care has undergone considerable buffeting in recent years with government agencies losing a string of important cases in federal court and support for vigorous enforcement waning among some policymakers. Critics of doctrinal development in antitrust law have begun to question whether the underlying economic relationships are accurately reflected in the law of antitrust as applied in health care. This article advances the positive claim that antitrust doctrine often suppresses pertinent features of the health care marketplace and urges courts and enforcers to pause before applying precedent and evidentiary rules of thumb that do not fit the …

Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo

All Faculty Scholarship

Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …