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

Health Law and Policy Commons™

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

2006

Discipline
Institution
Keyword
Publication
Publication Type

Articles 241 - 270 of 327

Full-Text Articles in Health Law and Policy

The Law Of Mediation In Texas., L. Wayne Scott Jan 2006

The Law Of Mediation In Texas., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon Jan 2006

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon

St. Mary's Law Journal

Several Texas Supreme Court Justices have recently criticized Texas’s appellate justice system for its failure to provide consistency and the unfairness it produces, namely how litigants are treated differently despite the identical factual circumstances. Despite the warnings of various Texas Justices, neither the Texas Supreme Court nor the Texas Legislature have done much to rectify the lack of uniform justice received by Texas litigants. Most of the proposals to reform the Texas appellate justice systems’ unfairness have focused exclusively on structural changes. While structural changes could help reduce inconsistent “justice”, these reforms fail to address the main substantive problem—Texas’s weak …

Go to article

The Unable To Agree Requirement And Texas Condemnation Law: A Critical Analysis Of Hubenak V. San Jacinto Gas Transmission Co.., B. Tyler Milton Jan 2006

The Unable To Agree Requirement And Texas Condemnation Law: A Critical Analysis Of Hubenak V. San Jacinto Gas Transmission Co.., B. Tyler Milton

St. Mary's Law Journal

In Texas, the state constitution requires adequate compensation as a predicate to a taking of private property for a public use. Though an eminent domain cause of action has both a constitutional and statutory basis, the requirement of adequate or just compensation is premised on principles of natural equity and justice. Texas statutorily mandates that a condemner of land must, prior to the institution of a condemnation proceeding, plead and prove the two parties were “unable to agree” on the corresponding compensation due to the landowner. Texas courts interpreted this requirement in the condemnation statute to compel “good faith negotiations” …

Go to article

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot Jan 2006

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot

St. Mary's Law Journal

There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …

Go to article

Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen Jan 2006

Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen

St. Mary's Law Journal

The character of property acquired on credit is one of the most vexing in Texas marital property law. The apparent black letter rule is that anything acquired by either spouse on credit during the marriage is community property, unless the creditor agrees at the outset to look only to separate property for repayment. The general rule follows naturally from a core principle of Texas law that everything owned by a married person is presumed community when the basic presumption is combined with the “inception of title” doctrine. In a credit transaction, the borrower acquires some legal right to the loan …

Go to article

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer Jan 2006

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer

St. Mary's Law Journal

In Kelo v. City of New London, the United States Supreme Court extended the public use limitation to its most expansive definition yet. The Kelo decision enhanced the Fifth Amendment takings power by allowing the city of New London, Connecticut, to exercise eminent domain power in furtherance of an economic development plan. Notably, the city’s revitalization plan did not include a claim that the area subject to eminent domain was “blighted.” The Fifth Amendment provides that governments may wield the power of eminent domain and take private property for public use but only with just compensation. Generally, private property can …

Go to article

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt Jan 2006

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt

St. Mary's Law Journal

In the 79th Regular Legislative Session, Texas lawmakers amended and added numerous provisions to both the Texas Family Code and Texas Penal Code relating to the status of marriage. One change was the inclusion in the Family Code of a section voiding a marriage if either party is younger than sixteen years of age. Additionally, legislators included criminal penalties to other laws relating to marriage. Specifically, parents are prohibited from giving consent to the marriages of parties under sixteen, but parents also face third-degree felony charges if they give consent. The legislature voided certain underage marriages in Texas due to …

Go to article

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott Jan 2006

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott

St. Mary's Law Journal

Because of corporate scandals that shook the business world, legislative, corporate, and public fingers immediately pointed at corporate attorneys for allowing such egregious conduct to occur. In 1983, the American Bar Association (ABA) passed Model Rule 1.13, which promoted the entity theory. Under the entity theory, the organization is the in-house counsel’s only client; and the in-house counsel’s primary duty is to act in the best interest of the organization. Whether the issue is deciding to make an executive compensation disclosure in a proxy statement, taking on a dual role within the organization, acting in compliance with heightened professional responsibility …

Go to article

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado Jan 2006

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado

St. Mary's Law Journal

Undeniably, the economics of law practice motivates the profession and immerses lawyers into a new professionalism paradigm not fully addressed by existing programs and activities. Linking professionalism to economic concerns might be considered heresy by some, yet now is the time to examine why the economic realities of practicing law sometimes cut short the best aspirations for high standards. Both the American Bar Association (ABA) and the State Bar of Texas focus extensively on questions concerning professionalism in the practice of law. Lawyers face significant economic burdens from several sources, and ironically technology does not always make practice easier. Often, …

Go to article

Sentence Modification In Texas: The Plenary Power Of A Trial Court To Alter Its Sentence After Pronouncement Comment., Andrew L. Johnson Jan 2006

Sentence Modification In Texas: The Plenary Power Of A Trial Court To Alter Its Sentence After Pronouncement Comment., Andrew L. Johnson

St. Mary's Law Journal

Post-sentence plenary power of a trial court is not statutorily defined in Texas criminal law, and its boundaries are not fully delineated. The Texas Court of Criminal Appeals recently added to the definition of plenary power in State v. Aguilera. The definition gives state trial courts the power to modify sentences if the modification is made the same day as the initial sentence before the court adjourns and if it is made in the presence of the defendant, his counsel, and counsel for the State. This holding lessens the sentencing pronouncement’s importance; potentially turning sentencing into a day-long affair. Additionally, …

Go to article

Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson Jan 2006

Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson

St. Mary's Law Journal

William H. Rehnquist taught for St. Mary’s University School of Law for four summers while serving as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on The Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. St. Mary’s has conducted the Institute as an annual five-week summer program at the University of Innsbruck since 1986, with the generous administrative support of that university’s Roman Law Institute. Rehnquist felt welcome in Innsbruck and earned the St. Mary’s …

Go to article

Standards Of Review In Texas., W. Wendell Hall Jan 2006

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Volume 16 Issue 1 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2006

Volume 16 Issue 1 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Symposium: Science, Politics, And Reproductive Rights -- Introduction, Jessie Hill Jan 2006

Symposium: Science, Politics, And Reproductive Rights -- Introduction, Jessie Hill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Politics And Science: Reproductive Health, Representative Henry A. Waxman U.S. Congress Jan 2006

Politics And Science: Reproductive Health, Representative Henry A. Waxman U.S. Congress

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Surrounding Embryos: Biology, Ideology, And Politics, Janet L. Dolgin Jan 2006

Surrounding Embryos: Biology, Ideology, And Politics, Janet L. Dolgin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Cultural Priorities Revealed: The Development And Regulation Of Assisted Reproduction In The United States And Israel, Ellen Waldman Jan 2006

Cultural Priorities Revealed: The Development And Regulation Of Assisted Reproduction In The United States And Israel, Ellen Waldman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

From Age Of Consent Laws To The "Silver Ring Thing": The Regulation Of Adolescent Female Sexuality, J. Shoshanna Ehrlich Jan 2006

From Age Of Consent Laws To The "Silver Ring Thing": The Regulation Of Adolescent Female Sexuality, J. Shoshanna Ehrlich

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

The Unconscionability Of Conscience Clauses: Pharmacists' Consciences And Women's Access To Contraception, Jed Miller Jan 2006

The Unconscionability Of Conscience Clauses: Pharmacists' Consciences And Women's Access To Contraception, Jed Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Stopping Internet-Based Tobacco Sales Through Domain Name Seizure, Aaron J. Burstein Jan 2006

Stopping Internet-Based Tobacco Sales Through Domain Name Seizure, Aaron J. Burstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

Cock-A-Doodle-Doo: Pandemic Avian Influenza And The Legal Preparation And Consequences Of An H5n1 Influenza Outbreak, N. Pieter M. O'Leary Jan 2006

Cock-A-Doodle-Doo: Pandemic Avian Influenza And The Legal Preparation And Consequences Of An H5n1 Influenza Outbreak, N. Pieter M. O'Leary

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe Jan 2006

2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby Jan 2006

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Go to article

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby Jan 2006

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby

All Faculty Scholarship

No one ever looks forward to entering a nursing home because it means leaving the things most dear to them: family, home, and independence. Nevertheless, without the current nursing home system, many elderly and disabled persons, who require comprehensive treatment, would not have access to necessary care. In 2000, nursing homes provided care to 1.6 million elderly and disabled persons, and *724 by 2050, nursing homes are projected to provide care to 6.6 million elderly and disabled persons. Thus, we can ill afford to cripple the nursing home industry. But, this is exactly what has occurred. The Constitution, the Administrative …

Go to article

Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney Jan 2006

Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney

All Faculty Scholarship

Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …

Go to article

The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter Jan 2006

The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter

All Faculty Scholarship

The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record the patient’s consent to or rejection of the procedure. Yet, despite the substantial control that hospitals exercise over the informed consent process, state courts routinely dismiss informed consent claims brought against hospitals, holding that only physicians have the training and expertise to satisfy informed consent obligations and therefore that only physicians may …

Go to article

How We Die: A New Prescription, Martin Bienstock Jan 2006

How We Die: A New Prescription, Martin Bienstock

Journal of Law and Health

The dawn of the twenty-first century brought with it a profound change in the way we experience death. Until the last decades of the twentieth century, our bodies died all at once: when the heart kidneys, lungs, or brain failed, the body's other organs failed with them. Modern medicine now allows us to die in pieces, with failing organs supported or supplanted by technology. Modern death is different not only biologically, but also sociologically. Until the twentieth century, death was a private event that took place in the home with the family. It offered one final opportunity for family members …

Go to article

Book Review: Neither Kin Nor Kind: The Peculiar Ties That Bond Organ Donors, Their Families And Transplant Recipients, Bradley T. Miller Jan 2006

Book Review: Neither Kin Nor Kind: The Peculiar Ties That Bond Organ Donors, Their Families And Transplant Recipients, Bradley T. Miller

Journal of Law and Health

Reviewing Strange Harvest: Organ Transplants, Denatured Bodies, and the Transformed Self by Leslie A. Sharp, Berkeley, Cal., University of California Press, 2006.

Go to article

Offering Hope To Post-Katrina Communities, Amee Patel Jan 2006

Offering Hope To Post-Katrina Communities, Amee Patel

Public Interest Law Reporter

No abstract provided.

Go to article

Lawsuit Doesn't Prevent Medicare Part D From Failing, But States Come To The Rescue, Michelle Schnidler Jan 2006

Lawsuit Doesn't Prevent Medicare Part D From Failing, But States Come To The Rescue, Michelle Schnidler

Public Interest Law Reporter

No abstract provided.

Go to article

First Prev Next Last