Health Law and Policy Commons^™

Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger

In the Public Interest

No abstract provided.

Cancer: Does The American Health Empire Really Want A Cure?, David Sherman

In the Public Interest

No abstract provided.

H.L. V. Matheson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Case For Medical Licensure, George J. Annas

Faculty Scholarship

Locke et al. argue elsewhere in this issue that medical licensure should be abolished. Their reasoning is direct and seductive - but their free market cure is worse than the disease they describe. Their major premise, for example, is simply wrong: "Any governmental action that violates individual rights is improper." For this notion they cite the ultraconservative novelist Ayn Rand who talks about things that are "right" for humans to do. But there are two confusions: (I) rights do not exist in a vacuum; in an interdependent society the rights of individuals must sometimes be balanced against the rights of …

The Hill-Burton Act: A Basis For The Prevention Of Urban Hospital Relocation, Carla J. Smith

Indiana Law Journal

No abstract provided.

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

The Role Of Mental Health Professionals In The Criminal Process: The Case For Informed Speculation, Christopher Slobogin, Richard J. Bonnie

Vanderbilt Law School Faculty Publications

In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, we outlined the reasons why imprecision and speculation is and must be tolerated in doctrines of exculpation and mitigation. In Part II, we developed the case for evidentiary rules which permit "informed speculation" by qualified clinical experts so as to enable defendants to explore and present subjective defenses and assist triers of fact to assess the plausibility and significance of such claims. We recognize that many mental …

Predictions Of Dangerousness In Texas: Psychotherapists' Conflicting Duties, Their Potential Liability, And Possible Solutions., Marilyn Hammond

St. Mary's Law Journal

Abstract Forthcoming.

Resolving Doctor-Patient Conflicts, Bernard L. Diamond

Michigan Law Review

A review of Taking Care of Strangers: The Rule of Law in Doctor-Patient Relations by Robert A. Burt

How To Make The Massachusetts Patients' Bill Of Rights Work, George J. Annas

Faculty Scholarship

The movement for enhanced patients' rights is based on two premises: (I) citizens possess certain rights that are not automatically forfeited by entering into a relationship with a physician or health care facility; and (2) most physicians and health care facilities fail to recognize these rights, fall to provide for their protection or assertion, and limit their exercise without recourse.

The primary argument against patients' rights is that patients have "needs" and defining these needs in terms of rights leads to the creation of an unhealthy adversary relationship.' It is not, however, the creation of rights, but the disregard of …

Physicians Assistants; Series Ii; File 90, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Dubin V. Michael Reese Hospital And Medical Center - The Application Of Strict Liability To Hospital-Supplied X-Radiation Treatment, 13 J. Marshall L. Rev. 485 (1980), James L. Deano

UIC Law Review

No abstract provided.

Great Expectations Or Convoluted Realities: Artificial Insemination In Flux, George P. Smith Ii

Scholarly Articles

No abstract provided.

Labor Law - Presumption Against Rules Prohibiting Solicitation During Nonworking Time - Nlrb's Application Of Presumption In Hospital Patient Access Areas, Except For Immediate Patient Care Areas, Upheld As Valid, Roberta D. Pichini

Villanova Law Review (1956 - )

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Book Chapters

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.

Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii

Indiana Law Journal

No abstract provided.

Nysna Condition Of Nurses; Series Ii; File 80, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

International Year Of Disabled Persons: The Institution In England And Wales, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A notable characteristic of American federalism is that domestic policy has been substantially determined by the courts. The judiciary has introduced its own social morality to ensure reasonable access to services for minority groups.

The concept of judicial policy making has found no greater expression than in the field of mental retardation where the service provided has been largely mandated by judges.

Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin

University of Richmond Law Review

Since 1902 the continuing negligent treatment rule has been applied to medical malpractice claims to establish when the statute of limitations begins to run on a particular cause of action. The rule is typically used in cases where the parties have engaged in a course of dealing over a period of time and the wrong complained of has stretched over all or part of this period.

Relative Value Guides And The Sherman Antitrust Act, David R. Simonsen, Jr.

Vanderbilt Law Review

The skyrocketing costs of health care services for the American people constitute a crisis of national importance.' The seriousness of this crisis is reflected in the attention that antitrust enforcement agencies of the federal government are giving to the health care industry. The agencies are responding, at least in part, to the common perception that these skyrocketing costs result as much from the restrictive trade practices of the health care industry as from the growing use of sophisticated technology and inflation. Competition is viewed as an antidote to increasing prices and antitrust laws as the vehicle by which federal agencies …

The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas

Faculty Scholarship

In Herman Melville's novel Moby Dick Ishmael searches for knowledge in diverse ways; he views the world not only through his senses but symbolically and metaphorically. At one point, he is tied to the pagan harpooner Queequeg by a "monkey-rope," and it is his duty to use this rope to pull Queequeg free from the sharks surrounding the dead whale that Queequeg is butchering when Queequeg slips from his perch atop the whale. Should he fail, Queequeg's weight will pull them both into the shark-filled waters. Ishmael ponders: "I seemed distinctly to perceive that my own individuality was now merged …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

Due Process For Hill-Burton Assisted Facilities, Margaret L. Huddleston

Vanderbilt Law Review

The need to make health care available to all Americans does not justify the impairment of governmental contracts with Hill-Burton grantees. When substantial rights are greatly impaired by retroactive legislation, the need for a strong governmental justification becomes more acute. The impairment caused by the post-1947 Hill-Burton regulations, particularly the 1979 regulations, is neither reasonable nor necessary in light of the nature and extent to which they impair substantial private rights. The recent Hill-Burton regulations attempt to make health care more available to Americans,but the Government seeks to do this without additional financial expenditure on its part. Although the goal …

Harris V. Mcrae, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

New Developments In Nova Scotia Psychiatric Legislation, Lorne E. Rozovsky

Dalhousie Law Journal

Depsite advanced developments in the treatment of mental illness, Nova Scotia has until recently possessed some very archaic mental health legislation. The law treated the mentally ill patient differently depending on the institution in which he happened to be placed regardless of his diagnosis. Patients in general hospitals for psychiatric disorders fell within the jurisdiction of the Public Hospitals Act, and were treated no differently than physically ill patients. 1 Patients who were sent to the Nova Scotia Hospital, a psychiatric institution owned by the province fell within the Nova Scotia Hospital Act.2 It contained provisions on compulsory and voluntary …

Regulation Of The Medical Profession In Nova Scotia, Duncan Beveridge

Dalhousie Law Journal

Consumerism has experienced fantastic growth over the last decade and as a result its influence is felt in almost every decision making process. Consumer groups have operated as potent pressure groups and have encouraged the reform of laws to protect the "little man".' Federal and provincial legislative bodies have reacted and attempted to protect the consuming public from unfair or unconscionable business practices and established agencies to do research and co-ordinate consumer concerns. Until recently, consumers have fixed their attention on business and have largely ignored services, particularly those provided by self-governing professions such as the medical profession. The historical …

The Politics Of Cancer, Michigan Law Review

Michigan Law Review

A Review of The Politics of Cancer by Samuel S. Epstein

Council - Nursing Practioners; Series Ii; File 35, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.