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Articles 151 - 180 of 338
Full-Text Articles in Health Law and Policy
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Journal of Health Care Law and Policy
No abstract provided.
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
Journal of Health Care Law and Policy
No abstract provided.
Job Security And Income Replacement For Individuals In Quarantine: The Need For Legislation, Mark A. Rothstein, Meghan K. Talbott
Job Security And Income Replacement For Individuals In Quarantine: The Need For Legislation, Mark A. Rothstein, Meghan K. Talbott
Journal of Health Care Law and Policy
No abstract provided.
Protecting Rights Or Waiving Them? Why "Negotiated Risk" Should Be Removed From Assisted Living Law, Eric M. Carlson
Protecting Rights Or Waiving Them? Why "Negotiated Risk" Should Be Removed From Assisted Living Law, Eric M. Carlson
Journal of Health Care Law and Policy
No abstract provided.
Legislation As Intervention: A Survey Of Cultural Competence Policy In Health Care, Darci L. Graves, Robert C. Like, Nataly Kelly, Alexa Hohensee
Legislation As Intervention: A Survey Of Cultural Competence Policy In Health Care, Darci L. Graves, Robert C. Like, Nataly Kelly, Alexa Hohensee
Journal of Health Care Law and Policy
No abstract provided.
What Have We Here? The Need For Transparent Pricing And Quality Information In Health Care: Creation Of An Sec For Health Care, Keith T. Peters
What Have We Here? The Need For Transparent Pricing And Quality Information In Health Care: Creation Of An Sec For Health Care, Keith T. Peters
Journal of Health Care Law and Policy
No abstract provided.
A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery
A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery
Journal of Health Care Law and Policy
No abstract provided.
The Human Papillomavirus Vaccine: Should It Be Mandatory Or Voluntary?, Carrie A. Roll
The Human Papillomavirus Vaccine: Should It Be Mandatory Or Voluntary?, Carrie A. Roll
Journal of Health Care Law and Policy
No abstract provided.
Cancer And The Constitution: Choice At Life's End, George J. Annas
Cancer And The Constitution: Choice At Life's End, George J. Annas
Faculty Scholarship
J. M. Coetzee's violent, anti-apartheid Age of Iron, a novel the Wall Street Journal termed “a fierce pageant of modern South Africa,” is written as a letter by a retired classics professor, Mrs. Curren, to her daughter, who lives in the United States. Mrs. Curren is dying of cancer, and her daughter advises her to come to the United States for treatment. She replies, “I can't afford to die in America. . . . No one can, except Americans.” Dying of cancer has been considered a “hard death” for at least a century, unproven and even quack remedies have been …
Masthead, Volume 17 Issue 1 (2007)
Masthead, Volume 17 Issue 1 (2007)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Book Review: Perils Of Wlishful Thinking About Abortion, Jonathan L. Entin
Book Review: Perils Of Wlishful Thinking About Abortion, Jonathan L. Entin
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Closing The Loopholes In The Regulation Of Medical Devices: The Need For Congress To Reevaluate Medical Device Regulation, Michael Vanburen
Closing The Loopholes In The Regulation Of Medical Devices: The Need For Congress To Reevaluate Medical Device Regulation, Michael Vanburen
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Scholarly Works
The use of restraint and seclusion in the American psychiatric setting has a rich history—rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, “tranquilizer chairs,” “maniac beds,” chains, shackles, and “quiet rooms” deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without imposing holds …
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Scholarly Works
Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …
Book Review: "Law And The Brain", Stacey A. Tovino
Book Review: "Law And The Brain", Stacey A. Tovino
Scholarly Works
Edited by Semir Zeki and Oliver Goodenough, Law and the Brain is a wonderful collection of fourteen essays that examine a range of topics at the intersection of law and neurobiology. Although neurotransdiscipline texts, collections, and journal symposia abound, what makes Law and the Brain so special is its focus on the special challenges raised by the neuroscience-policy interface. These challenges flow from basic differences in the orientation of the brain and brain science, on the one hand, and the law on the other hand.
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
St. Mary's Law Journal
This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
St. Mary's Law Journal
Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
St. Mary's Law Journal
There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
St. Mary's Law Journal
Abstract Forthcoming.
The Health Care Choice Act: The Individual Insurance Market And The Politics Of "Choice", Elizabeth Pendo
The Health Care Choice Act: The Individual Insurance Market And The Politics Of "Choice", Elizabeth Pendo
Articles
The Health Care Choice Act of 2005 (HCCA) aims to reform perceived problems in the individual market, and is touted as part of the solution to the problem of the uninsured. It purports to allow individuals who are not eligible for or cannot afford group coverage to purchase an individual policy in and from any state. If passed, the HCCA would allow health insurers to offer individual policies of insurance from any state without being required to comply with the laws of the insured's own state. Its proponents claim that it would lower the cost of individual health insurance by …
Introduction, Karen H. Rothenberg, Diane E. Hoffmann
Introduction, Karen H. Rothenberg, Diane E. Hoffmann
Journal of Health Care Law and Policy
No abstract provided.
Ketamine-Enhanced Psychotherapy: Preliminary Clinical Observations On Its Effects In Treating Death Anxiety, Eli Kolp, M. Scott Young, Harris L. Friedman, Evgeny Krupitsky, Karl Jansen, Laurie-Ann O'Connor
Ketamine-Enhanced Psychotherapy: Preliminary Clinical Observations On Its Effects In Treating Death Anxiety, Eli Kolp, M. Scott Young, Harris L. Friedman, Evgeny Krupitsky, Karl Jansen, Laurie-Ann O'Connor
Mental Health Law & Policy Faculty Publications
Ketamine, a dissociative anesthetic commonly used by US physicians, has recently been shown to be a powerful anti-depressant and is also capable of eliciting transpersonal experiences that can be transformative. Although currently approved in the US only for use as an anesthetic, physicians there can legally prescribe it off-label to treat various psychological/ psychiatric problems and it has been used for these non-anesthetic purposes in Argentina, Iran, Mexico, Russia, and the UK, as well as in the US. The literature on using ketamine psychotherapeutically is reviewed and two case studies using ketamine-enhanced psychotherapy (KEP) for treating death anxiety in terminally-ill …
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
St. Mary's Law Journal
Abstract Forthcoming.
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Colin P. Marks
St. Mary's Law Journal
Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
St. Mary's Law Journal
Conflicts of interest among clients present some of the most pervasive ethical problems lawyers face. In many instances the affected clients may consent to a conflict. Under the ABA Model Rules of Professional Conduct, for consent to be effective, it must be “informed” and must be “confirmed in writing.” Informed consent to such conflict is often referred to as a “waiver” of the conflict. Many law firms have begun seeking “general advance waivers” of conflicts of interest. The ethical rules did not deal with the issue of advance waiver until 2002. Both Model Rules and the Restatement of the Law …
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
St. Mary's Law Journal
The Texas Legislature has recently made changes to Chapter 245 of the Local Government Code giving vested rights greater protection than ever before. Owners and developers now have greater protections, however, there are many circumstances under which the application of the law is unclear. Chapter 245 governs the issuance of permits for local development. The greater protections provided by the amendments include: defining the filing date upon which rights vest as the date “fair notice” is given to the regulatory agency, establishing a certified mail date as prima facie proof of the application’s filing date, and providing substantive rules governing …
The New Infrastructure Of Medicare, Thomas L. Greaney
The New Infrastructure Of Medicare, Thomas L. Greaney
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost
Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Impact Of The Medicare Modernization Act’S Contractor Reform On Fee-For-Service Medicare, Susan Bartlett Foote
The Impact Of The Medicare Modernization Act’S Contractor Reform On Fee-For-Service Medicare, Susan Bartlett Foote
Saint Louis University Journal of Health Law & Policy
No abstract provided.