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Articles 181 - 210 of 327
Full-Text Articles in Health Law and Policy
A New Prescription For America's Medical Liability System, Paul J. Barringer Iii
A New Prescription For America's Medical Liability System, Paul J. Barringer Iii
Journal of Health Care Law and Policy
No abstract provided.
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Journal of Health Care Law and Policy
No abstract provided.
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Journal of Health Care Law and Policy
No abstract provided.
An Advocate's Response To Professor Sage, Toby S. Edelman
An Advocate's Response To Professor Sage, Toby S. Edelman
Journal of Health Care Law and Policy
No abstract provided.
"But I'M An Adult Now … Sort Of" Adolescent Consent In Health Care Decision-Making And The Adolescent Brain, Paul Arshagouni
"But I'M An Adult Now … Sort Of" Adolescent Consent In Health Care Decision-Making And The Adolescent Brain, Paul Arshagouni
Journal of Health Care Law and Policy
No abstract provided.
The Increasing Necessity Of The Tort System In Effective Drug Regulation In A Changing Regulatory Landscape, Anne Erikson Haffner
The Increasing Necessity Of The Tort System In Effective Drug Regulation In A Changing Regulatory Landscape, Anne Erikson Haffner
Journal of Health Care Law and Policy
No abstract provided.
Time For Plan B: Increasing Access To Emergency Contraception And Minimizing Conflicts Of Conscience, Erica S. Mellick
Time For Plan B: Increasing Access To Emergency Contraception And Minimizing Conflicts Of Conscience, Erica S. Mellick
Journal of Health Care Law and Policy
No abstract provided.
Shifting Science, Considered Costs, And Static Statutes: The Interpretation Of Expansive Environmental Legislation, Jason J. Czarnezki
Shifting Science, Considered Costs, And Static Statutes: The Interpretation Of Expansive Environmental Legislation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Congress often passes expansive legislation, frequently environmental and public health regulatory statutes, where both the definition of those items being regulated and the mandate have significant breadth. How should these provisions be construed? While it is difficult to establish a model which determines whether to broadly or narrowly construe an expansive statutory provision, factors that impact this choice include the existence of express limitations on the mandate, understandings of congressional intent, the need to avoid regulation that might do more harm than good, the nature of the regulated item, and intervening circumstances such as new understandings in law, policy, or …
Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas
Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas
Faculty Scholarship
Since September 11, 2001, the threat of bioterrorism has caused Congress and the President to dramatically increase research funding for countermeasures, including funding for new biosecurity laboratories. The new kind of war against non-state actors who use terror to intimidate populations has also made the creation of new ethical and legal rules for researchers seem critical. New laws have been passed, and there have been proposals for new codes of ethics for bioterrorism-related research. Almost five years after September 11, however, the outcome of the development of new research rules remains uncertain.
Intelligent Judging: Evolution In The Classroom And The Courtroom, George J. Annas
Intelligent Judging: Evolution In The Classroom And The Courtroom, George J. Annas
Faculty Scholarship
Religious arguments have permeated debates on the role of the law in medical practice at the beginning and the end of life. But nowhere has religion played so prominent a role as in the century-old quest to banish or marginalize the teaching of evolution in science classes. Nor has new genetics research that supports evolutionary theory at the molecular level dampened antievolution sentiment. Requiring public-school science teachers to teach specific religion-based alternatives to Darwin's theory of evolution is just as bad, in the words of political comedian Bill Maher, as requiring obstetricians to teach medical students the alternative theory that …
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
Faculty Scholarship
The goal of this paper is to analyze and explain the impact of state legislation and funding on the future of stem cell research. Without federal law regulating stem cell research, funding by states and private organizations may spur competition to attract and retain leading scientists and industry in individual states. Alternatively, state-funded stem cell research may incite the federal government to react either positively or negatively to pre-empt state and private action. Traditionally, most support for scientific research comes in the form of grants from the National Institutes of Health (NIH). Due to the practical ban on stem cell …
Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek
University of Baltimore Law Review
No abstract provided.
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
Faculty Publications By Year
In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability. Based on an individual's mental capacity, the law decides whether the individual had sufficient capacity to engage in the action in question. The legal concept of mental capacity, therefore, is the basis for "when a state legitimately may take action to limit an individual's rights to make decisions about his or her own person or property." …
Transporting Minors For Immoral Purposes: The Case For The Child Custody Protection Act & The Child Interstate Abortion Notification Act, Teresa Stanton Collett
Transporting Minors For Immoral Purposes: The Case For The Child Custody Protection Act & The Child Interstate Abortion Notification Act, Teresa Stanton Collett
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 16 Issue 2 (2006)
Masthead, Volume 16 Issue 2 (2006)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 16 Issue 2 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 16 Issue 2 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
U.S. Physicians Disciplined For Criminal Activity, Paul Jung, Peter Lurie, Sidney M. Wolfe
U.S. Physicians Disciplined For Criminal Activity, Paul Jung, Peter Lurie, Sidney M. Wolfe
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry
Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Truth In Testing Laws: A Shot In The Arm For Designer Gene Tests, Alexander Van Voorhees
Truth In Testing Laws: A Shot In The Arm For Designer Gene Tests, Alexander Van Voorhees
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Data Mining And Substandard Medical Practice: The Difference Between Privacy, Secrets And Hidden Defects, Barry R. Furrow
Data Mining And Substandard Medical Practice: The Difference Between Privacy, Secrets And Hidden Defects, Barry R. Furrow
Villanova Law Review (1956 - )
No abstract provided.
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
American University Law Review
No abstract provided.
A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby
A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby
Faculty Publications
The Due Process Clause of the Fifth Amendment has been perverted in the federal administrative system. For example, federal agencies, such as the U.S. Department of Health and Human Services (HHS), regularly deprive individuals of liberty and property with little to no review. In its regulation of the health care industry through the Medicare program, HHS often turns a blind eye to procedural Due Process protections, such as providing individuals an opportunity to challenge the deprivation of property at a hearing, even though the Constitution, the Administrative Procedure Act, and the Medicare Act grant these protections. The Medicare compliance hearing …
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
Villanova Law Review (1956 - )
No abstract provided.
The Ambiguous Meaning Of Human Conception, Philip G. Peters Jr.
The Ambiguous Meaning Of Human Conception, Philip G. Peters Jr.
Faculty Publications
Nearly all of the state and federal laws that treat embryos as persons contain a fundamental ambiguity. Contrary to common belief, there is no "moment" of conception. Instead, conception is a forty-eight hour process, during which the haploid genomes of the sperm and egg are gradually and precisely transformed into the functioning diploid genome of a new human embryo. During that two-day period, many common clinical and laboratories activities take place, including the culling of unsuitable embryos, the freezing of others, and the testing of embryos for genetic abnormalities. The legal status of these activities will turn on the point …
Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino
Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino
Scholarly Works
The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …
The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino
The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino
Scholarly Works
Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …
Patients And Biobanks, Ellen Wright Clayton
Patients And Biobanks, Ellen Wright Clayton
Villanova Law Review (1956 - )
No abstract provided.
Standefer V. State: The Creation Of The Criminal Defendant's Diminished Right To A Trial By A Fair And Impartial Jury., Esperanza Guzman
Standefer V. State: The Creation Of The Criminal Defendant's Diminished Right To A Trial By A Fair And Impartial Jury., Esperanza Guzman
St. Mary's Law Journal
In Texas, the right of an accused to have an impartial jury is firmly grounded in the voir dire process, the definitive goal of which is to empanel a fair and impartial jury. The right to a fair and impartial jury is bolstered by the voir dire examination. There have been large discrepancies over the types of questions which can be asked during the voir dire process. The court’s attempt to simplify the process of differentiating between proper and improper voir dire questions has “muddied the issue” for court participants and has resulted in the deprivation of a criminal defendant’s …
2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller
2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller
St. Mary's Law Journal
Lawmakers and other supporters of tort reform generally describe enacted tort reform legislation as having a positive effect on consumers. But tort reform can create new hurdles for plaintiffs seeking damage awards in civil litigation. The Texas Legislature’s 2003 House Bill 4 (H.B. 4) amendment to the Texas Civil Practice and Remedies Code (Code) represents the most recent example of major tort reform in Texas. It has yet to be seen whether H.B. 4 will meet promised expectations. What is clear is H.B. 4 will adversely affect Texas plaintiffs seeking exemplary (punitive) damages from a jury. The H.B. 4 amendment …