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

Health Law and Policy Commons™

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

2008

Discipline
Institution
Keyword
Publication
Publication Type

Articles 151 - 180 of 322

Full-Text Articles in Health Law and Policy

Tobacco Control And Snus: Time To Take A Stand, Lindsey C. Dastrup, Jacqueline M. Mcnamara Jan 2008

Tobacco Control And Snus: Time To Take A Stand, Lindsey C. Dastrup, Jacqueline M. Mcnamara

Journal of Health Care Law and Policy

No abstract provided.


Motorcycle Helmet Laws: The Facts, What Can Be Done To Jump-Start Helmet Use, And Ways To Cap Damages, Melissa Neiman Jan 2008

Motorcycle Helmet Laws: The Facts, What Can Be Done To Jump-Start Helmet Use, And Ways To Cap Damages, Melissa Neiman

Journal of Health Care Law and Policy

No abstract provided.


Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler Jan 2008

Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.


Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown Jan 2008

Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown

Journal of Health Care Law and Policy

No abstract provided.


Reexamining Student Privacy Laws In Response To The Virginia Tech Tragedy, Matthew Alex Ward Jan 2008

Reexamining Student Privacy Laws In Response To The Virginia Tech Tragedy, Matthew Alex Ward

Journal of Health Care Law and Policy

No abstract provided.


Rules For Donations To Tissue Banks: What Next?, George J. Annas Jan 2008

Rules For Donations To Tissue Banks: What Next?, George J. Annas

Faculty Scholarship

Michael Crichton's Next is a fictional creation of multiple catastrophes emanating from the real-life case of John Moore, in which the California Supreme Court ruled in 1990 that Moore did not own his cells after they were removed from his body. As human tissue has become commercially useful, and as tissue banks storing and providing samples for research have flourished, the question of who owns the tissue has become more vital. Next got mixed reviews, but even many scientists, such as Michael Goldman, who reviewed the book in Nature, agree with Crichton that it is imperative that we “establish clear …


Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld Jan 2008

Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld

Faculty Scholarship

The first two terms of the Roberts Court signal a willingness to revisit precedent, and the Court appears poised to reinterpret another area of jurisprudence: the private enforcement of conditions on federal spending against states through actions under 42 U.S.C. § 1983. The most recent pre-Roberts Court precedent is Gonzaga University v. Doe. Federal courts have inconsistently and confusingly applied the Gonzaga framework, but the Rehnquist Court would not revisit the rule. Last term, the Roberts Court granted a petition for certiorari that would have required reconsidering Gonzaga. Before it could be heard on the merits, the respondents mooted the …


Final Report Of The Experts Committee For Human Research Participant Protection In Canada, Jocelyn Downie Jan 2008

Final Report Of The Experts Committee For Human Research Participant Protection In Canada, Jocelyn Downie

Reports & Public Policy Documents

The Experts Committee for Human Research Participant Protection in Canada presents herewith its final report and recommendations concerning the development of a new comprehensive system in Canada. The final report is the product of some twenty months work. Beginning in September, 2006 and ending February, 2007 the Committee held monthly face-to-face meetings which it supplemented by conference calls and the circulation of draft texts by various members. During the course of its work, the Committee assessed the concerns that had been raised about the existing Canadian governance arrangements and then examined alternative models that might serve to deal effectively with …


Lessons From India In Organizational Innovation: A Tale Of Two Heart Hospitals, Barak D. Richman, Krishna Udayakumar, Will Mitchell, Kevin A. Schulman Jan 2008

Lessons From India In Organizational Innovation: A Tale Of Two Heart Hospitals, Barak D. Richman, Krishna Udayakumar, Will Mitchell, Kevin A. Schulman

Faculty Scholarship

Recent discussions in health reform circles have pinned great hopes on the prospect of innovation as the solution to the high-cost, inadequate-quality U.S. health system. But U.S. health care institutions--insurers, providers and specialists--have ceded leadership in innovation to Indian hospitals such as Care Hospital in Hyderabad and the Fortis Hospitals around New Delhi, which have U.S.-trained doctors and can perform open heart surgery for $6000 (compared to $100,000 in the United States). The Indian success is a window into America's stalemate with inflating costs and stagnant innovation.


The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez Jan 2008

The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.


International Outsourcing Plus Inexpensive, Quality Healthcare: Binding Arbitration Makes This Telemedical Dream A Reality, Peter Zawadski Jan 2008

International Outsourcing Plus Inexpensive, Quality Healthcare: Binding Arbitration Makes This Telemedical Dream A Reality, Peter Zawadski

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Electroconvulsive Therapy Baby Boomers May Be In For The Shock Of Their Lives, Helia Garrido Hull Jan 2008

Electroconvulsive Therapy Baby Boomers May Be In For The Shock Of Their Lives, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure?, Stacey A. Tovino Jan 2008

Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure?, Stacey A. Tovino

Scholarly Works

This article explores the ethical and legal implications of enrolling individuals with disorders of consciousness (DOC) in neuroimaging research studies. Many scientists have strongly emphasized the need for additional neuroimaging research into DOC, characterizing the conduct of such studies as morally imperative. On the other hand, institutional review boards charged with approving research protocols, scientific journals deciding whether to publish study results, and federal agencies that disburse grant money have limited the conduct, publication, and funding of consciousness investigations based on ethical and legal concerns. Following a detailed examination of the risks and benefits of neuroimaging research involving individuals with …


Predicting Probability: Regulating The Future Of Preimplantation Genetic Screening, Jaime S. King Jan 2008

Predicting Probability: Regulating The Future Of Preimplantation Genetic Screening, Jaime S. King

Faculty Scholarship

No abstract provided.


Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson Jan 2008

Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

Plea bargaining is such an essential component of the administration of justice that disposition of charges after plea discussions is not only an essential part of the process but a highly desirable part for many reasons. Even though 95% of felony criminal cases nationwide are resolved through plea bargaining, there are no specific ethical rules governing the practice. The exhortation in article 2.01 of the Texas Code of Criminal Procedure states it is the primary duty of all prosecuting attorneys to see that justice is done, rather than merely convicting. In order to determine the ethical boundaries of plea bargaining, …


A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer Jan 2008

A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer

St. Mary's Law Journal

Since close to half the country’s marriages end in divorce, marriage dissolution is quite a lucrative business for attorneys. Also, fewer people are entering marriage in the first place. Fewer marriages combined with more children born out of wedlock create multitudinous legal problems and family disputes centering around those children. In addition to initial divorce filings and suits affecting the parent-child relationship, dissolution of marriage cases often creates additional litigation down the road. As a solution to the problems caused by the expense and toil of this litigation, alternative dispute resolution (ADR) offers several options for family disputants. Two popular …


Keynote Speech On The Application Of Harm Reduction To Other Public Health Problems: What Is Similar Or Different About The Issue Of Tobacco?, Cheryl Healton Jan 2008

Keynote Speech On The Application Of Harm Reduction To Other Public Health Problems: What Is Similar Or Different About The Issue Of Tobacco?, Cheryl Healton

Journal of Health Care Law and Policy

No abstract provided.


The Administrative Data Component Of The Pre Paid Managed Care Evaluation: Year 11, Rose Murrin Mary, J. Constantine Robert Jan 2008

The Administrative Data Component Of The Pre Paid Managed Care Evaluation: Year 11, Rose Murrin Mary, J. Constantine Robert

Mental Health Law & Policy Faculty Publications

No abstract provided.


The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake Jan 2008

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake

St. Mary's Law Journal

Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …


Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte Jan 2008

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …


A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham Jan 2008

A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham

St. Mary's Law Journal

The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …


The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman Jan 2008

The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman

St. Mary's Law Journal

Abstract Forthcoming.


Table Of Contents Jan 2008

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2008

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann Jan 2008

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Could Tuskegee Happen Today?, Jerry Menikoff Jan 2008

Could Tuskegee Happen Today?, Jerry Menikoff

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Conscientious Objectors Behind The Counter: Statutory Defenses To Tort Liability For Failure To Dispense Contraceptives, Jennifer E. Spreng Jan 2008

Conscientious Objectors Behind The Counter: Statutory Defenses To Tort Liability For Failure To Dispense Contraceptives, Jennifer E. Spreng

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicare Advantage: What Are We Trying To Achieve Anyway?, Timothy D. Mcbride Jan 2008

Medicare Advantage: What Are We Trying To Achieve Anyway?, Timothy D. Mcbride

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Communication As Prevention To Tragedy: Ferpa In A Society Of School Violence, Megan M. Davoren Jan 2008

Communication As Prevention To Tragedy: Ferpa In A Society Of School Violence, Megan M. Davoren

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2008

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.