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Articles 331 - 360 of 467
Full-Text Articles in Health Law and Policy
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy
Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger
Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger
Faculty Publications & Other Works
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Faculty Publications & Other Works
No abstract provided.
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler
Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler
Faculty Publications & Other Works
No abstract provided.
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer
Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer
Faculty Publications & Other Works
No abstract provided.
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick
Taming The Beast Of Health Care Costs: Why Medicare Reform Alone Is Not Enough, Susan A. Channick
Faculty Scholarship
The Patient Protection and Affordable Care Act' ("ACA") has, as its primary goal, universal access to health insurance for all American citizens and legal residents. When fully implemented, the ACA will provide insurance to an additional 32 million people who are currently uninsured and to many millions of others who are underinsured. While universal health insurance is certainly a public health goal that this country has sought for many decades, the additional lives that will be added to the insurance rolls as well as new minimum coverage requirements mandated by the ACA will create fiscal burdens for the already expensive …
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling
The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling
CMC Senior Theses
An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote …
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
CMC Senior Theses
The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This …
Rethinking The New Public Health, Lindsay F. Wiley
Rethinking The New Public Health, Lindsay F. Wiley
Washington and Lee Law Review
This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …
The Role Of Race In End-Of-Life Care, Barbara A. Noah
The Role Of Race In End-Of-Life Care, Barbara A. Noah
Faculty Scholarship
This essay focuses on one important aspect of racial disparities that has received comparatively little attention in the legal literature--the existence and causes of racial differences in end-of-life decision making and in the utilization of palliative and hospice care. African Americans and other racial minorities in the United States utilize palliative care and hospice less frequently than white Americans. These minority populations also tend to resist advance care planning and instead opt to receive more life-prolonging care at the end of life, even when quality of life and prognosis are poor. After a lifetime of limited access to health care …
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
St. Mary's Law Journal
Abstract Forthcoming.
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
St. Mary's Law Journal
Abstract Forthcoming.
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Richmond Public Interest Law Review
While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Public Interest Law Review
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Richmond Public Interest Law Review
coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …
Masthead, Volume 21 Issue 1 (2011)
Masthead, Volume 21 Issue 1 (2011)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
A Public Health Perspective On Health Care Reform, Micah L. Berman
A Public Health Perspective On Health Care Reform, Micah L. Berman
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao
The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker
Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label, Tamsen Valoir Phd, Shubha Ghosh
Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label, Tamsen Valoir Phd, Shubha Ghosh
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent, Hayley Cotter
Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent, Hayley Cotter
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 22 Issue 2 (2012)
Masthead, Volume 22 Issue 2 (2012)
Health Matrix: The Journal of Law-Medicine
No abstract provided.