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Articles 361 - 390 of 416
Full-Text Articles in Medical Jurisprudence
Advance Medical Directives In West Virginia, Part One, Irene M. Keely
Advance Medical Directives In West Virginia, Part One, Irene M. Keely
West Virginia Law Review
No abstract provided.
The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro
The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro
UIC Law Review
No abstract provided.
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Scholarly Works
The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …
Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline
Campbell Law Review
As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal
Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal
Brigham Young University Journal of Public Law
No abstract provided.
Discrimination: The Difference With Aids, Raymond C. O'Brien
Discrimination: The Difference With Aids, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Articles & Chapters
No abstract provided.
Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher
Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher
UIC Law Review
No abstract provided.
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
UIC Law Review
No abstract provided.
Unborn Child: Can You Be Protected?, Heather M. White
Unborn Child: Can You Be Protected?, Heather M. White
University of Richmond Law Review
Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
University of Baltimore Law Review
A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …
Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz
University of Baltimore Law Review
No abstract provided.
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
University of Richmond Law Review
Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
The Third Circuit's Virtual Abrogation Of The Pennsylvania Abortion Control Act Of 1982 - Outmoded Standards Threaten The Abortion Right, Randall J. Zakreski
The Third Circuit's Virtual Abrogation Of The Pennsylvania Abortion Control Act Of 1982 - Outmoded Standards Threaten The Abortion Right, Randall J. Zakreski
Villanova Law Review (1956 - )
No abstract provided.
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Cornell Law Faculty Publications
Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain (“brain death”). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents …
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
University of Richmond Law Review
The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.
Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie
Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie
BYU Law Review
No abstract provided.
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
UIC Law Review
No abstract provided.
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
Cornell Law Faculty Publications
The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.
Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford
Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman
The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman
Florida State University Law Review
No abstract provided.
On The Report And Recommendations Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research - Research On The Fetus - Introduction, Robert A. Destro
Villanova Law Review (1956 - )
No abstract provided.