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Articles 31 - 44 of 44
Full-Text Articles in Medical Jurisprudence
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
Loyola University Chicago Law Journal
No abstract provided.
The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty
The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty
Loyola University Chicago Law Journal
No abstract provided.
Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski
Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski
Loyola University Chicago Law Journal
No abstract provided.
Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard
Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard
Loyola University Chicago Law Journal
No abstract provided.
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Law Faculty Articles and Essays
When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …
Private Utilization Review, Marvis J. Oehm
Private Utilization Review, Marvis J. Oehm
Seattle University Law Review
This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.
Final Frontier: Life, Death And Law, Yale Kamisar
Final Frontier: Life, Death And Law, Yale Kamisar
Book Chapters
[T]o call Nancy Cruzan's case a matter of the right to die seems strained, if not contrived. The situation is a tragic one. Cruzan has been in a persistent vegetative state since 1983, when, at the age of 25, she was in a severe car accident. Although she is able to breathe on her own, she receives all her nutrition and fluids through a feeding tube inserted into her stomach. When her parents sought to halt this life support, they were rebuffed, first by officials of the Missouri state hospital where Cruzan is a patient and ultimately by the Missouri …
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 …
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
Journal of Law and Health
This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption …
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Seattle University Law Review
This Article will explore, from a legal perspective, the dynamics of the changing relationships between hospitals and their medical staffs. Specifically, the Article will discuss hospital strategies for maximizing the efficiency of their medical staff operations. In this regard, the discussion will encompass two general areas: (1) the use of agreements and policies that restrict access to medical staff membership; and, (2) the development of economic criteria to assess physicians for appointment and reappointment to medical staffs. Both of these general areas of discussion entail significant legal issues that have never been extensively explored and hold the potential to reshape …
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 …
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
LLM Theses and Essays
Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.