Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (31)
- Bioethics and Medical Ethics (13)
- Medicine and Health Sciences (13)
- Legal Ethics and Professional Responsibility (6)
- Criminal Law (5)
-
- Law and Psychology (5)
- Life Sciences (5)
- Family Law (4)
- Genetics and Genomics (4)
- Criminal Procedure (3)
- Law and Society (3)
- Social and Behavioral Sciences (3)
- Torts (3)
- Elder Law (2)
- Genetics (2)
- Human Rights Law (2)
- Law and Gender (2)
- Legal Education (2)
- Privacy Law (2)
- Social Welfare Law (2)
- African Studies (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Evidence (1)
- Health Services Research (1)
- International and Area Studies (1)
- Institution
-
- Maurer School of Law: Indiana University (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Oklahoma College of Law (5)
- Cleveland State University (4)
- University of Michigan Law School (4)
-
- Pepperdine University (3)
- University of Baltimore Law (3)
- Cornell University Law School (2)
- Duke Law (2)
- Mitchell Hamline School of Law (2)
- University of Missouri School of Law (2)
- Western New England University (2)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- National Law School of India University (1)
- Old Dominion University (1)
- SJ Quinney College of Law, University of Utah (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Miami Law School (1)
- University of Richmond (1)
- University of Tennessee College of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Scholarly Works (7)
- Faculty Scholarship (6)
- Articles by Maurer Faculty (5)
- Faculty Articles (5)
- Articles (4)
-
- Journal of Law and Health (4)
- All Faculty Scholarship (3)
- Faculty Publications (2)
- Pepperdine Law Review (2)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- IUSTITIA (1)
- Law Faculty Publications (1)
- Michigan Journal of Gender & Law (1)
- Mitchell Hamline Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Psychology Faculty Publications (1)
- SAIPAR Case Review (1)
- University of Miami Law Review (1)
- Utah Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- West Virginia Law Review (1)
- Publication Type
Articles 31 - 54 of 54
Full-Text Articles in Medical Jurisprudence
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Scholarly Works
The use of restraint and seclusion in the American psychiatric setting has a rich history—rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, “tranquilizer chairs,” “maniac beds,” chains, shackles, and “quiet rooms” deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without imposing holds …
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Scholarly Works
Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …
Functional Neuroimaging And The Law: Trends And Directions For Future Scholarship, Stacey A. Tovino
Functional Neuroimaging And The Law: Trends And Directions For Future Scholarship, Stacey A. Tovino
Faculty Articles
Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation, and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of burgeoning neurotransdiscipline scholarship; that is, scholarship at the interface of law and functional magnetic resonance imaging.
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Faculty Articles
The use of restraint and seclusion in the American psychiatric setting has a rich history - rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, "tranquilizer chairs," "maniac beds," chains, shackles, and "quiet rooms" deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without …
Functional Neuroimaging Information: A Case For Neuro Exceptionalism, Stacey A. Tovino
Functional Neuroimaging Information: A Case For Neuro Exceptionalism, Stacey A. Tovino
Faculty Articles
Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade's most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including schizophrenia, addiction, racial evaluation, deception, cooperation, and sexual preferences. Now poised to move outside the research context, functional neuroimaging raises a number of confidentiality, privacy, and identity issues. In this Article, I examine whether special, or heightened, confidentiality, privacy, and informed …
Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino
Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino
Scholarly Works
The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …
Use And Disclosure Of Protected Health Information For Research Under The Hippa Privacy Rule, The: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino
Scholarly Works
This article offers a legal and ethical analysis of the requirements of federal privacy regulations (herein after the “Privacy Rules”) relating to the use and disclosure of individually identifiable health information for research activities. Section II of this article provides a legal summary of the Privacy Rules’ complex research provisions. Sections III and IV of this article analyze the Privacy Rules’ research provisions from a legal and ethical perspective. Specifically, Section III addresses whether the Privacy Rules promote autonomy by analyzing certain of the legal rights attributed to individuals who are the subjects of health information including: (1) the general …
A Healer Or An Executioner: The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin
A Healer Or An Executioner: The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin
All Faculty Scholarship
This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …
Cases And Guidelines In Genetics, Roger B. Dworkin
Cases And Guidelines In Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Exploitation Of The Elite: A Case For Physician Unionization, Dionne L. Koller
Exploitation Of The Elite: A Case For Physician Unionization, Dionne L. Koller
All Faculty Scholarship
Our intuition tells us that physicians are elites, and therefore they cannot be exploited. Relying on this intuition, we adopt policies which attempt to provide a health care system that gives first-quality care, at the lowest prices, delivered through a “free-market” system. As the key gatekeepers to health care, physicians are thus caught in the middle. Top-notch American health care costs money and for-profit MCOs must watch their bottom line. Rationing, therefore, is key. The issue is, assuming we have decided that free-market health care is the solution, how much should physicians have to sacrifice in the name of the …
Caretakers And Collaborators, Maxwell Gregg Bloche
Caretakers And Collaborators, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
A chilling subplot in the twentieth-century saga of state-sponsored mass murder, torture, and other atrocities was the widespread incidence of medical complicity. Nazi doctors’ human “experiments” and assistance in genocidal killing are the most oft-cited exemplar, but wartime Japanese physicians’ human vivisection and other grotesque practices rivaled the Nazi medical horrors. Measured by these standards, Soviet psychiatrists’ role in repressing dissent, Latin American and Turkish military doctors’ complicity in torture, and even the South African medical profession’s systematic involvement in apartheid may seem, to some, almost prosaic. Yet these and other reported cases of medical complicity in human rights abuse …
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp
Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp
West Virginia Law Review
No abstract provided.
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Journal of Law and Health
The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …
Bioethics With A Human Face, Carl E. Schneider
Bioethics With A Human Face, Carl E. Schneider
Articles
This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns
Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns
Articles by Maurer Faculty
No abstract provided.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
Physicians And Maternal-Fetal Conflicts: Duties, Rights And Responsibilities, James J. Nocon
Physicians And Maternal-Fetal Conflicts: Duties, Rights And Responsibilities, James J. Nocon
Journal of Law and Health
The physician-patient relationship is substantially influenced by issues involving ethics, morality, law, and politics. Throughout this article, the nexus between law and medicine will be emphasized. Perhaps the most important of these associations is the relationship between principles, duties and rights. Justice Holmes aptly stated that since no rights were absolute, they were poor tools for analysis in any case because they were not truly fundamental considerations. "Duties precede rights logically and chronologically." Holmes eventually came to view "duties" as derivative notions and thought that it was essential to understand the principles at work, not the moral sounding labels attached …
A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters
A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters
Journal of Law and Health
This article initially demonstrates the falsity of each of these assumptions. Policy alternatives are then proposed to govern donor recruitment and the activities of organ procurement and distribution. These alternatives are consistent with the correct assumption on the issues mentioned, and appear to be politically feasible in the light of available empirical evidence.
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Informed Consent And Medical Experimentation, George H. Martin Jr.
Informed Consent And Medical Experimentation, George H. Martin Jr.
IUSTITIA
Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …