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

Health Law and Policy Commons™

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

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 211 - 240 of 324

Full-Text Articles in Health Law and Policy

Adjusting The Role Of Chiropractors In The United States: Why Narrowing Chiropractor Scope Of Practice Statutes Will Protect Patients, Peter Morrison Jan 2009

Adjusting The Role Of Chiropractors In The United States: Why Narrowing Chiropractor Scope Of Practice Statutes Will Protect Patients, Peter Morrison

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Law Of Doctoring: A Study Of The Codification Of Medical Professionalism, Andrew Fichter Jan 2009

The Law Of Doctoring: A Study Of The Codification Of Medical Professionalism, Andrew Fichter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Reform’S Newest Moment In Time, John D. Blum Jan 2009

Health Reform’S Newest Moment In Time, John D. Blum

Faculty Publications & Other Works

No abstract provided.


Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman Jan 2009

Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman

Buffalo Law Review

No abstract provided.


Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon Jan 2009

Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon

St. Mary's Law Journal

In 2003 and 2008, the Texas Rule of Appellate Procedure (TRAP) 47 was amended. TRAP 47 is the rule which governs the issuance, citation, and precedential value of unpublished and memorandum opinions. The 2003 amendment was designed to make the law more readily available by prohibiting the issuance of unpublished opinions in civil cases and authorizing memorandum opinions in place of unpublished opinions. Despite its intention, the 2003 amendment failed to make civil case law more readily available. This is because such new opinions are only available via electronic repository, such as Westlaw or Lexis. As a result, to completely …


Professional Malpractice In A World Of Amateurs., Thomas D. Morgan Jan 2009

Professional Malpractice In A World Of Amateurs., Thomas D. Morgan

St. Mary's Law Journal

Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …


Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz Jan 2009

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz

St. Mary's Law Journal

The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …


Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard Jan 2009

Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard

St. Mary's Law Journal

The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …


Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman Jan 2009

Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman

St. Mary's Law Journal

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …


Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon Jan 2009

Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon

St. Mary's Law Journal

In Sell v. United States, decided in 2003, the United States Supreme Court addressed the question of “whether the Constitution permits the Government to administer antipsychotic drugs involuntarily to a mentally ill criminal defendant – in order to render that defendant competent to stand trial for serious, but nonviolent crimes.” The Court concluded that the Constitution does permit doing so “in limited circumstances…upon satisfaction of conditions” that the Court delineated. This Article will first address the Court’s parameters for determining when the administration of antipsychotic medications on an involuntary basis is permissible. The remainder of the Article, however, will discuss …


The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn Jan 2009

The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn

St. Mary's Law Journal

The raid of the Yearning for Zion ranch exposed fundamental flaws in the operation of the Texas Department of Children and Family Services (the Department). In the raid, the Department took custody of 468 children without a court order and removed them from their homes. This is one of the most glaring examples of the Department’s disregard for the Texas Family Code. Subchapter B of section 263 of the Texas Family Code mandates for the creation and implementation of a comprehensive service plan whenever the Department removes a child from his home. The Department, however, failed to create service plans …


Volume 19 Issue 1 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2009

Volume 19 Issue 1 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Ghost In Our Genes: Legal And Ethical Implications Of Epigenetics, Mark A. Rothstein, Yu Cai, Gary E. Marchant Jan 2009

The Ghost In Our Genes: Legal And Ethical Implications Of Epigenetics, Mark A. Rothstein, Yu Cai, Gary E. Marchant

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Advancing Civil Rights, The Next Generation: The Genetic Information Nondiscrimination Act Of 2008 And Beyond, Morse Hyun-Myung Tan Jan 2009

Advancing Civil Rights, The Next Generation: The Genetic Information Nondiscrimination Act Of 2008 And Beyond, Morse Hyun-Myung Tan

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Proceedings: Newborn Screening For Nontreatable Disorders -- Introduction, Maxwell J. Mehlman Jan 2009

Proceedings: Newborn Screening For Nontreatable Disorders -- Introduction, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Blurred Distinction Between Treatable And Untreatable Conditions In Newborn Screening, Donald B. Bailey Jr. Jan 2009

The Blurred Distinction Between Treatable And Untreatable Conditions In Newborn Screening, Donald B. Bailey Jr.

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Systems To Determine Treatment Effectiveness In Newborn Screening, R. Rodney Howell Jan 2009

Systems To Determine Treatment Effectiveness In Newborn Screening, R. Rodney Howell

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Assessing The New Criteria For Newborn Screening, Jeffrey R. Botkin Jan 2009

Assessing The New Criteria For Newborn Screening, Jeffrey R. Botkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


On Treatability: Considerations Of Treatment In Context Of Newborn Screening, Marvin R. Natowicz, Shlomit Zuckerman Jan 2009

On Treatability: Considerations Of Treatment In Context Of Newborn Screening, Marvin R. Natowicz, Shlomit Zuckerman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Expanding Access To Investigational Drugs For Treatment Use: A Policy Analysis And Legislative Proposal, Austin Winniford Jan 2009

Expanding Access To Investigational Drugs For Treatment Use: A Policy Analysis And Legislative Proposal, Austin Winniford

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Assisted Outpatient Treatment In Ohio: Is Jason's Law Life-Saving Legislation Or A Rash Response?, Steven Strang Jan 2009

Assisted Outpatient Treatment In Ohio: Is Jason's Law Life-Saving Legislation Or A Rash Response?, Steven Strang

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 19 Issue 2 (2009) Jan 2009

Masthead, Volume 19 Issue 2 (2009)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 19 Issue 2 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2009

Volume 19 Issue 2 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medical Malpractice And New Devices: Defining An Elusive Standard Of Care, Michael D. Greenberg Jan 2009

Medical Malpractice And New Devices: Defining An Elusive Standard Of Care, Michael D. Greenberg

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Keeping Doctors Out Of The Interrogation Room: A New Ethical Obligation That Requires The Backing Of The Law, Ayham Bahnassi Jan 2009

Keeping Doctors Out Of The Interrogation Room: A New Ethical Obligation That Requires The Backing Of The Law, Ayham Bahnassi

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas Jan 2009

Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Redefining Motherhood: Discrimination In Legal Parenthood In Japan, Rachel Brehm King Jan 2009

Redefining Motherhood: Discrimination In Legal Parenthood In Japan, Rachel Brehm King

Washington International Law Journal

Due to Japan’s decreasing population numbers and low birth rate, the country’s legal forces and social norms put tremendous pressure on women to have children. To meet these expectations, Japanese women frequently turn to new forms of medical assistance called Assisted Reproductive Technology (“ART”) to increase their ability to become mothers. ART includes such procedures as artificial insemination, in vitro fertilization, and surrogacy. Although several of these methods are accepted by Japanese law and society, other forms of ART, including certain forms of artificial insemination and surrogacy, are strongly disapproved. Japan’s current legal framework prevents women from accessing the full …


Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino Jan 2009

Neuroscience And Health Law: An Integrative Approach?, Stacey A. Tovino

Faculty Articles

Clinicians and scientists use functional magnetic resonance imaging (fMRI) to map sensory, motor, and cognitive function and to study the neural correlates of a range of physical and mental conditions, behaviors, characteristics, and preferences. Due to its move outside the clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being examined within the overlapping fields of neuroethics and neurolaw. The early neuroethics and neurolaw scholarship focused heavily on the implications of fMRI for evidence law, criminal law, criminal procedure, and constitutional law. Little attention has been paid, however, to the implications of advances …


Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson Jan 2009

Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson

Cardozo Journal of Equal Rights & Social Justice

Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …


The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler Jan 2009

The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler

Cardozo Journal of Equal Rights & Social Justice

The note argues that litigation, particularly when focused on low-income urban minority youth, could serve as a strategic tool to address childhood obesity by reframing the issue and catalyzing policy and industry change. It critiques the Pelman v. McDonald's Corp. lawsuit for failing to address the socioeconomic and racial disparities underlying obesity rates, thereby missing an opportunity to advance meaningful solutions. The analysis suggests that public health litigation, when strategically framed, can complement broader advocacy efforts and push for environmental changes to combat the obesity epidemic.