Health Law and Policy Commons^™

Supplying Organs For Transplantation, Jesse Dukeminier Jr

Michigan Law Review

The possibility that a market for organs will develop arises as a result of recent scientific successes in interchanging human parts and the consequent imbalance that has arisen between the quantity of organs supplied and the quantity demanded. Currently, and in the foreseeable future, unless our laws are changed, the quantity supplied will not equal the quantity demanded at a zero price. When useful items are in short supply in a market economy monetary inducements to increase the supply are commonly offered. The question then arises whether society should permit such inducements in order to ensure a satisfactory supply of …

For Unto Us A Child Is Born, Legally, George P. Smith Ii

Scholarly Articles

Both courts and legislatures have been loath to establish law in the field of human artificial insemination.

As a result, the danger of criminal prosecution and the uncertainties of a legal vacuum face couples who must turn to artificial insemination to create a family. But the dark corner may have been turned, for one court decision and recent statutes in two states offer hope.

The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson

University of Michigan Journal of Law Reform

Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate …

Constitutional Reflections On Abortion Reform, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner

University of Richmond Law Review

Medical malpractice and malpractice lawsuits are on the rise. Perhaps the main reason is that less than 300,000 active doctors are caring for over 200 million Americans-about one doctor for every 700 citizens. This is a dangerous shortage of doctors-a pressure cooker of overworked physicians, high caseloads, short-cut precautions, and substandard treatment.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser

University of Michigan Journal of Law Reform

The enactment of the Massachusetts compulsory no-fault insurance bill, and Senator Phillip Hart's recent introduction of national no-fault insurance legislation, indicate the serious consideration no-fault insurance is receiving as a method of reforming the existing auto accident compensation system. The current tort system of recovery of auto accident medical expenses is inefficient, and, in many cases, does not adequately compensate the injured parties. Compulsory no-fault insurance is well suited to remedy these deficiencies. Under a no-fault insurance plan, benefits would be paid without regard to the question of fault; consequently, every accident victim would receive compensation without first having to …

Abortion And Legal Rationality, John M. Finnis

Journal Articles

This article concerns the legitimacy of various legal schemes for dealing with abortion. Legitimacy in one sense is secured simply by complying with the formal criteria for valid law-making: enactment within power and in due form. But jurists have learned (or re-learned) that more can be said about legitimacy, without betraying the purity of their discipline by moralizing and advocacy. From this development in jurisprudential thought emerges the range of questions and criteria deployed in the present study.

Barriers To Attainment Of Health Care In West Central Maine : A Critique By The Poor, Health Facilities Planning Council

Maine Collection

Barriers to Attainment of Health Care in West Central Maine : A Critique by the Poor

"Conducted by the Health Facilities Planning Council, 11 Parkwood Drive, Augusta, Maine under contract to Maine Department of Health and Welfare, June, 1969."

Contents: Foreword / Table of Contents / Introduction / Map / Franklin County / Housing / Dental Rot / Franklin County Memorial Hospital / Family Planning / RN's / State Public Health Nurses / Unmet Health Needs / The Last Outpost / Home Visit in Farmington Falls / Home Visit in Industry / Home Visit in Rangeley Area / Conversations on …

A Proposed Cure For The Intervention Blues, Lawrence E. Hard

University of Michigan Journal of Law Reform

This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.

The Community Development Coporation, Robert L. Schwartz, Raymond G. Sanchez

Faculty Scholarship

Review of Community Development Corporation (CDC) Model, its role as a community action agency, and the Community Self-Determination Act of 1968.

Euthanasia Legislation: Some Non-Religious Objections, Yale Kamisar

Book Chapters

A book by Glanville Williams, The Sanctity of Life and the Criminal Law,1 once again brought to the fore the controversial topic of euthanasia, more popularly known as 'mercy-killing'. In keep_ ing with the trend of the e.uthanasia movement over the past generation, Williams concentrates his efforts for reform on the voluntary type of euthanasia, for example the cancer victim begging for death, as opposed to the involuntary variety -- that is, the case of the congenital idiot, the permanently insane, or the senile

When a legal scholar of Williams's stature joins the ranks of such formidable law thinkers as …

Organ Transplantation With An Incompetent Donor: Kentucky Resolves The Dilemma Of Strunk V. Strunk, Joe C. Savage

Kentucky Law Journal

No abstract provided.

Artificial Insemination: No Longer A Quagmire, George P. Smith Ii

Scholarly Articles

With the recent decision in People v. Sorenson, a significant departure in ritualistic thinking in the area of domestic relations was signaled when it was determined that if a consenting husband allows an act of artificial insemination to be performed on his wife, and the positive result of the act is a child, the husband is-accordingly-liable for the child's support. No social stigma of illegitimacy will be imprinted on the child and no question of adultery can be raised as to the wife and donor or doctor.

Fluoridation For Your Community And Your State (1969), American Dental Association, Donald R. Mcneil Phd

Patient Dental Health Education Materials 1929-1981

No abstract provided.

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

Hospital Emergency Service And The Open Door, Leonard S. Powers

Michigan Law Review

This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.

Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin

Michigan Law Review

Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Scholarly Articles

Although written forty-four years ago, this article provides a foundational analysis of the then-nascent beginnings of the legalization of artificial insemination from the judicial posture taken by the state of California to the legislative stance of Oklahoma. Analyzing the consequences of artificial insemination by a donor (A.I.D.) and by a woman’s husband (A.I.H.), the consequences of these procedures on family law — and especially illegitimacy — inheritance, and adultery, are studied and evaluated.

In order to provide some degree of stability and predictability to this obviously contentious area within Law, Science, and Medicine, this article urges measured experimentation in genetics …

Physicians And Surgeons--Right To Practice In Hospital--Public-Private Hospital Distinction, Benjamin L. Dickinson

Kentucky Law Journal

No abstract provided.

Abortion Legislation: The Need For Reform, Law Review Staff

Vanderbilt Law Review

Widespread national publicity and recent state legislative activity have focused a significant degree of national concern on a serious problem of public health and morals--the question of abortion.Surveys indicate that between 1,000,000 and 1,500,000 abortions take place annually--or, one abortion for every four to five pregnancies. The so-called "back-street abortionists," whether amateur or professional, each year cause the death of 5,000 to 10,000 women who are forced to seek their services. Because of the highly controversial nature of abortion, statutes attempting to deal with the problem stubbornly resist amendment despite widespread disregard of their provisions. Many hospitals permit abortions under …

Compulsory Medical Treatment And The Free Exercise Of Religion

Indiana Law Journal

No abstract provided.

Private Etsel’S Million Dollar Accident, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Compulsory Community Care For The Mentally Ill, Beatrice K. Bleicher

Cleveland State Law Review

At the present time, the benefits of community care are limited to voluntary patients, but they should be extended to involuntary patients as well. This paper discusses the need for compulsory community care and the steps taken to meet this need in a few states and in Britain. Finally, it proposes legislation which could cope with the problems of providing community care for the civilly committed.

Fluoridation Facts: Answers To Criticisms Of Fluoridation (1967), American Dental Association

Patient Dental Health Education Materials 1929-1981

No abstract provided.

Abortion, The Law And Human Life, Thomas L. Shaffer

Journal Articles

The issue in abortion "reform" is whether existing criminal sanctions against doctors and pregnant women should be abolished or liberalized. From one point of view this is the question presented in any discussion of the criminal law—whether people should be put in jail for doing something. From another viewpoint, it is the question presented in any discussion of existing law—whether the reformers, who presumably have the burden of proof, have made a case. The controversy will be especially interesting to Indiana lawyers, who last winter saw an abortion-reform proposal pass both houses of the General Assembly and then die (abort?) …

Note, Medical And Dental X-Rays--A Time For Re-Evaluation And State Action, James H. Seckinger

Journal Articles

In 1956, the National Academy of Sciences in a report on "The Biological Effects of Atomic Radiation" warned the public of the serious consequences that may flow from any type of radiation exposure. The report set forth the relationship between low-level exposure, that type of exposure which is present in the medical and dental use of X-rays, and long-range biological effects. Because of the possibility of such long-range effects, the Academy recommended that the medical authorities take prompt action to eliminate all unnecessary radiation in the use of X-rays.

Despite the strong language used by the Academy, and the lapse …

Contraception. John T. Noonan, Jr., F. William Burke

Washington and Lee Law Review

No abstract provided.

Charitable Immunity: A Diminishing Doctrine

Washington and Lee Law Review

No abstract provided.