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Articles 271 - 297 of 297
Full-Text Articles in Health Law and Policy
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson
Indiana Journal of Global Legal Studies
No abstract provided.
A National Bill Of Patients' Rights, George J. Annas
A National Bill Of Patients' Rights, George J. Annas
Faculty Scholarship
In one of the most enthusiastically received proposals in his January State of the Union address, President Bill Clinton called on Congress to enact a national bill of rights in health care. The President said, “You have the right to know all your medical options, not just the cheapest. You have the right to choose the doctor you want for the care you need. You have the right to emergency room care, wherever and whenever you need it. You have the right to keep your medical records confidential.”
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Faculty Publications
This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …
Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Partial-Birth Abortion, Congress, And The Constitution, George J. Annas
Partial-Birth Abortion, Congress, And The Constitution, George J. Annas
Faculty Scholarship
The political debate over abortion during the past 25 years has shifted among various dichotomous views of the world: life versus choice, fetus versus woman, fetus versus baby, constitutional right versus states' rights, government versus physician, physician and patient versus state legislature. Hundreds of statutes and almost two dozen Supreme Court decisions on abortion later, the core aspects of Roe v. Wade, 1 the most controversial health-related decision by the Court ever, remain substantially the same as they were in 1973. Attempts to overturn Roe in both the courtroom and the legislature have failed. Pregnant women still have a constitutional …
Combating Discrimination Against Aids Patients In Tanzania, Nicole Grimm
Combating Discrimination Against Aids Patients In Tanzania, Nicole Grimm
Human Rights Brief
No abstract provided.
Hiv/Aids And Human Rights In Mexico, Fernando González-Martín
Hiv/Aids And Human Rights In Mexico, Fernando González-Martín
Human Rights Brief
No abstract provided.
Women And Children First, George J. Annas
Women And Children First, George J. Annas
Faculty Scholarship
In the lore of the sea there are few events that have so exemplified heroism and self-sacrifice as the acts of the soldiers and sailors of the British ship Birkenhead when it sank in 1852. The soldiers of the 74th Highland Regiment stood at attention on deck (with the band playing) “while the women and children were saved and the captain very properly went down with his ship.” More than 450 lives were lost, and the phrase “women and children first” was introduced into the language as part of the “Birkenhead drill.” As Kipling put it in his poem …
Reframing The Debate On Health Care Reform By Replacing Our Metaphors, George J. Annas
Reframing The Debate On Health Care Reform By Replacing Our Metaphors, George J. Annas
Faculty Scholarship
Metaphors matter, as our sterile debate on the fi-nancing of health insurance demonstrates so well. In that debate the traditional metaphor of American medicine, the military metaphor, was displaced by the market metaphor in public discourse. Metaphors, which entice us to understand and experience “one kind of thing in terms of another . . . play a central role in the construction of social and political reality.” The market metaphor proved virtually irresistible in the public arena and led Congress to defer to market forces to “reform” the financing of health insurance in the United States.
Unblinded Mandatory Hiv Screening Of Newborns: Care Or Coercion?, Linda Farber Post
Unblinded Mandatory Hiv Screening Of Newborns: Care Or Coercion?, Linda Farber Post
Cardozo Law Review
The image of mother and child is perhaps the most universal symbol of love and protection. The concept of mother and sick child evokes instant compassion and the desire to do somethinganything-to help the mother help her baby. When the disease is both incurable and fatal, there is the expectation that the combined efforts of the state and the medical community will be mobilized to intervene on behalf of those who are afflicted. This Note looks at one such attempt and considers, not the good intentions that prompted it, but the legal ramifications of its implementation.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
Health Warnings, Smoking, And Cancer - The Cipollone Case, George J. Annas
Health Warnings, Smoking, And Cancer - The Cipollone Case, George J. Annas
Faculty Scholarship
The figures have become familiar. Tobacco use has been declared "the single most important preventable cause of [premature] death in the United States, accounting for one of every six deaths, or some 390,000 deaths annually. "The health goals of the nation for the year 2000 call for reducing the prevalence of cigarette smoking to 15 percent among adults (a 48 percent decrease from the current 29 percent) and reducing the rate of beginning smoking among teenagers to 15 percent (a 50 percent decrease from the current rate of 30 percent). The goal of reducing smoking in the United States is …
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
Effectiveness Of The Epa's Regulatory Enforcement: The Case Of Industrial Effluent Standards, W. Kip Viscusi, Wesley A. Magat
Effectiveness Of The Epa's Regulatory Enforcement: The Case Of Industrial Effluent Standards, W. Kip Viscusi, Wesley A. Magat
Vanderbilt Law School Faculty Publications
The EPA water pollution regulations-the focus of this study- represent an interesting departure from past patterns of regulatory failure. First, the nature of the regulations-discharge limits-relates directly to the policy objective of controlling pollution, and there is no potential for offsetting behavioral responses. If the pollution standards are binding and enforced, they should improve water quality. Second, the enforcement effort is so extensive that enforcement should affect firms' compliance. In the pulp and paper industry, which we will analyze, the EPA averages roughly one inspection annually per major pollution source. In addition, firms are required to file monthly discharge monitoring …
The Law And Economics Of Organ Procurement, Keith N. Hylton
The Law And Economics Of Organ Procurement, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the organ procurement system in the U.S. and examines proposals to alleviate the shortage of transplantable organs. The paper's principal conclusions are: (1) Although non-market solutions deserve the highest priority, demand increases fueled by improvements in transplant technology will probably make some market-based solution necessary in the future. (2) Quality deterioration and coercion will not necessarily be worrisome problems under a market-based procurement system.
Rationality Review And The Politics Of Public Health, Scott Burris
Rationality Review And The Politics Of Public Health, Scott Burris
Villanova Law Review (1956 - )
No abstract provided.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
Journal Articles
No abstract provided.
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Indiana Law Journal
No abstract provided.
Foreword: Health In The Workplace, Barbara J. Fick
Foreword: Health In The Workplace, Barbara J. Fick
Journal Articles
This article is a brief foreword to the 1987 Notre Dame Law Review Symposium Issue.
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
Articles & Book Chapters
The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Cardozo Law Review
No abstract provided.
Harris V. Mcrae, Lewis F. Powell Jr.
Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning
Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning
Washington and Lee Law Review
No abstract provided.
The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene
The Health Professions Educational Assistance Act Of 1976: A New Prescription?, John J. Greene
Fordham Urban Law Journal
The 1976 Health Professions Educational Assistance Act is a new congressional effort to promote the rational development, distribution, and utilization of the health professions through financial incentives. The Act represents a compromise solution to the issues affecting the quality, quantity and distribution of health manpower. It targets the four major problems of the current system: (1) the shortage of health professionals; (2) the geographic maldistribution of health manpower; (3) the specialty maldistribution of physicians and dentists; and (4) the influx of foreign medical graduates into the United States. This comment examines the effectiveness of past legislative responses to these issues …