Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Medicine and Health Sciences (44)
- State and Local Government Law (42)
- Public Health (37)
- Medical Jurisprudence (36)
- Environmental Law (35)
-
- Law and Society (35)
- Jurisprudence (31)
- Legal Ethics and Professional Responsibility (31)
- Immigration Law (28)
- Military, War, and Peace (28)
- Oil, Gas, and Mineral Law (28)
- Food and Drug Law (21)
- Health Services Research (17)
- Community Health and Preventive Medicine (16)
- Health Services Administration (16)
- Health and Medical Administration (16)
- Legislation (15)
- Family Law (14)
- International Law (14)
- Criminal Law (11)
- Constitutional Law (10)
- Human Rights Law (10)
- Social and Behavioral Sciences (10)
- Torts (10)
- Consumer Protection Law (9)
- Labor and Employment Law (9)
- Law and Gender (9)
- Privacy Law (9)
- Institution
-
- University of Maryland Francis King Carey School of Law (32)
- Loyola University Chicago, School of Law (30)
- St. Mary's University (28)
- Case Western Reserve University School of Law (19)
- Saint Louis University School of Law (18)
-
- Himmelfarb Health Sciences Library, The George Washington University (17)
- Georgetown University Law Center (14)
- University of Miami Law School (12)
- Yeshiva University, Cardozo School of Law (12)
- Schulich School of Law, Dalhousie University (11)
- University of Georgia School of Law (11)
- Boston University School of Law (10)
- Maurer School of Law: Indiana University (10)
- University of Michigan Law School (9)
- UIC School of Law (7)
- American University Washington College of Law (6)
- BLR (5)
- Cleveland State University (5)
- Columbia Law School (5)
- Texas A&M University School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Vanderbilt University Law School (5)
- Brooklyn Law School (4)
- University of Oklahoma College of Law (4)
- University of Richmond (4)
- University of Washington School of Law (4)
- Washington and Lee University School of Law (4)
- Pace University (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Arkansas, Fayetteville (3)
- Keyword
-
- St. Mary’s Law Journal (18)
- St. Mary’s University School of Law (18)
- Public health (16)
- Health Law and Policy (12)
- Inc. (11)
-
- Ethics (9)
- Health care (9)
- Health insurance (9)
- Medical ethics (9)
- Medicare (9)
- 1963-2005 (8)
- Bioethics (8)
- Law (8)
- Schiavo (8)
- Terri (8)
- Abortion (7)
- Global health (7)
- Health (7)
- Health law (7)
- Federalism (6)
- Neuroimaging (6)
- Right to die (6)
- FMRI (5)
- Functional magnetic resonance imaging (5)
- Healthcare (5)
- Neuroscience (5)
- Privacy (5)
- Regulation (5)
- Tobacco (5)
- Health law and policy (4)
- Publication
-
- Faculty Scholarship (32)
- St. Mary's Law Journal (28)
- Annals of Health Law and Life Sciences (22)
- Health Matrix: The Journal of Law-Medicine (18)
- Journal of Health Care Law and Policy (17)
-
- National Health Policy Forum (16)
- University of Miami Law Review (12)
- Articles, Book Chapters, & Popular Press (11)
- Saint Louis University Journal of Health Law & Policy (11)
- Scholarly Works (11)
- All Faculty Scholarship (9)
- Articles by Maurer Faculty (9)
- Georgetown Law Faculty Publications and Other Works (9)
- Articles (7)
- UIC Law Review (7)
- Public Interest Law Reporter (6)
- Cardozo Law Review (5)
- ExpressO (5)
- Faculty Articles (5)
- Georgia Law Review (5)
- Journal of Law and Health (5)
- Scholarly Articles (5)
- Journal of Food Law & Policy (3)
- Michigan Law Review (3)
- O'Neill Institute Papers (3)
- Tobacco Regulation Review (3)
- Vanderbilt Journal of Transnational Law (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Campbell Law Review (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Publication Type
Articles 61 - 90 of 338
Full-Text Articles in Health Law and Policy
Pangloss, Patrick O. Gudridge
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
University of Miami Law Review
No abstract provided.
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
University of Miami Law Review
No abstract provided.
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
University of Miami Law Review
No abstract provided.
Schiavo: The Road Not Taken, Mary I. Coombs
Schiavo: The Road Not Taken, Mary I. Coombs
University of Miami Law Review
No abstract provided.
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Campbell Law Review
Part I of this Comment will provide an overview of the national perspective on these three types of prenatal negligence claims. Part II will discuss North Carolina's viewpoint and the evolution of its case law addressing prenatal negligence. Part III examines fundamental rights recognized by the United States Supreme Court and related North Carolina laws. Part IV considers the policy issues dominating the debate surrounding prenatal torts. Part V suggests North Carolina should protect the rights of expectant parents through legislation allowing medical malpractice claims for post-conception prenatal negligence.
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Campbell Law Review
This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the "Law of the Place." In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete "laboratory" of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs.
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
University of Miami Law Review
No abstract provided.
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
University of Miami Law Review
No abstract provided.
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
University of Miami Law Review
No abstract provided.
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
University of Miami Law Review
No abstract provided.
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
University of Miami Law Review
No abstract provided.
Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller
Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller
William & Mary Environmental Law and Policy Review
No abstract provided.
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
William & Mary Environmental Law and Policy Review
No abstract provided.
Health Law—The Arkansas Resident's Rights Statute And Civil Enforcement—Cutting Off Its Nose To Spite Its Face: How The Arkansas Resident's Right Statute Is Defeating Its Purpose Of Improving Quality Of Care To Nursing Home Residents By Crippling The Nursing Homes Themselves. Health Facilities Management Corp. V. Hughes, No. 05-90, 2006 Ark. Lexis 122 (Feb. 9, 2006)., Carol Elizabeth Nixon
University of Arkansas at Little Rock Law Review
Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …
Mission Creep: Public Health Surveillance And Medical Privacy, Wendy K. Mariner
Mission Creep: Public Health Surveillance And Medical Privacy, Wendy K. Mariner
Faculty Scholarship
The National Security Agency's domestic surveillance program has parallels in the growth of disease surveillance for public health purposes. This article explores whether laws requiring health providers to report to government names and identifiable information about patients with infectious or chronic diseases may be vulnerable to challenge as an invasion of privacy. A shift in the use of disease surveillance data from investigating disease outbreaks to data mining and analysis for research, budgeting, and policy planning, as well as bioterrorism, tests the boundaries of liberty and privacy. The Supreme Court has not reviewed a disease reporting law. Its few related …
Health Care Price Transparency And Price Competition, Mark Merlis
Health Care Price Transparency And Price Competition, Mark Merlis
National Health Policy Forum
Growing numbers of consumers are in health plans that give them incentives to be more cost-conscious. Yet complex pricing systems and limited information may make it hard to choose among providers and treatment options. This report examines steps that insurers and others have taken to make better price information available, possible government measures to further promote price transparency or to simplify price comparisons, and the likely effects on consumer behavior and provider competition.
Fairfax County's Commitment: A Housing And Health Continuum For Seniors, Judith D. Moore, Lisa Sprague
Fairfax County's Commitment: A Housing And Health Continuum For Seniors, Judith D. Moore, Lisa Sprague
National Health Policy Forum
This one-day site visit focused on the range of services made available to seniors by Fairfax County, Virginia, including senior centers, adult day health care, and assisted living and independent housing. Services to low-income residents were emphasized. Participants were introduced to the different agencies and funding streams involved and were able to observe how county officials have acted on a stated commitment to help seniors who wish to age in place, staying in the county and in their own homes rather than in a nursing home or other institution. The day included tours of two Fairfax County multiservice sites, in …
Keeping The Government Away From Medicaid Recipients' Pocketbook: Protecting Medicaid Recipients' Rights To Proceeds Of Third-Party Settlements In Arkansas Department Of Health & Human Services V. Ahlborn, Sean Sandison
Mercer Law Review
In Arkansas Department of Health & Human Services v. Ahlborn, the United States Supreme Court approached the contentious issue of whether Medicaid and state Medicaid agencies can recover expenses incurred on behalf of a Medicaid recipient from the entirety of the recipient's third-party settlement. Over the past decade, several states and the United States Department of Health and Human Services have reached opposite results on this question. In its unanimous opinion, the Court quelled the debate by limiting Medicaid and the corresponding state programs' recoveries from third-party settlements to the proceeds representing repayment of medical expenses, a move likely …
Pediatric Neuroimaging Ethics, Jocelyn Downie, Jennifer Marshall
Pediatric Neuroimaging Ethics, Jocelyn Downie, Jennifer Marshall
Articles, Book Chapters, & Popular Press
Neuroimaging has provided insight into numerous neurological disorders in children, such as epilepsy and cerebral palsy. Many clinicians and investigators believe that neuroimaging holds great promise, especially in the areas of behavioral and cognitive disorders. However, concerns about the risks of various neuroimaging modalities and the potential for misinterpretation of imaging results are mounting. Imaging evaluations also raise questions about stigmatization, allocation of resources, and confidentiality. Children are particularly vulnerable in this milieu and require special attention with regards to safety guidelines and modality adaptations. This article examines pediatric neuroimaging practice through an ethics lens. Most authors in the field …
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon
Richmond Public Interest Law Review
This article examines the regulatory system surrounding the post-mortem human tissue industry. The author begins by describing many valuable applications of human tissue donations and then how persons misuse and abuse such privileges. The author goes on to explain current regulatory systems and agencies which oversee the regulation, concluding the laws need reform of several issues.
Do Defendants Pay What Juries Award? Post-Verdict Haircuts In Texas Medical Malpractice Cases, 1988–2003, David A. Hyman, Bernard Black, Kathryn Zeiler, Charles Silver, William M. Sage
Do Defendants Pay What Juries Award? Post-Verdict Haircuts In Texas Medical Malpractice Cases, 1988–2003, David A. Hyman, Bernard Black, Kathryn Zeiler, Charles Silver, William M. Sage
Faculty Scholarship
Legal scholars, legislators, policy advocates, and the news media frequently use jury verdicts to draw conclusions about the performance of the tort system. However, actual payouts can differ greatly from verdicts. We report evidence on post-verdict payouts from the most comprehensive longitudinal study of matched jury verdicts and payouts. Using data on all insured medical malpractice claims in Texas from 1988–2003 in which the plaintiff received at least $25,000 (in 1988 dollars) following a jury trial, we find that most jury awards received “haircuts.” Seventy-five percent of plaintiffs received a payout less than the adjusted verdict (jury verdict plus prejudgment …
Why Are Demonstrations Of Comprehensive Malpractice Reform So (At All) Controversial, William M. Sage
Why Are Demonstrations Of Comprehensive Malpractice Reform So (At All) Controversial, William M. Sage
Faculty Scholarship
We are currently coming to the end of what I have described as the first malpractice crisis of the 21st century. Malpractice crises, which are defined by shrinking liability coverage and/or rising premiums, occur periodically. The insurance crisis that now seems to be ebbing was different in certain ways from its 20th century predecessors, but will almost certainly not be the last such period to arise. As interest in "solving" this crisis wanes for various reasons, we have to ask what we have learned from the last five years. In my opinion, this crisis has produced strong arguments for testing …
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
ExpressO
The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …
Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms, Judith F. Daar
Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms, Judith F. Daar
ExpressO
The use and success of assisted reproductive technologies (ART) over the past decade has contributed perceptibly to family formation nationwide. Today, 3 of every 100 children born owe their existence to some form of assisted conception. Despite, or perhaps because of, its technical successes, a growing body of evidence suggests that barriers to ART are being constructed to prevent procreation among select populations. The article’s theme is one of harm, specifically the harm that befalls patients, physicians, offspring and society when fertility treatments are denied on the basis of personal characteristics, including race, marital status and sexual orientation. While ART …
Brave New Babies, Lori B. Andrews
Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz
Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz
All Faculty Scholarship
This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review
No abstract provided.
Federalism And False Claims, Pamela H. Bucy