Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (1315)
- Torts (542)
- Constitutional Law (417)
- Science and Technology Law (375)
- Legislation (368)
-
- Law and Society (355)
- Food and Drug Law (349)
- State and Local Government Law (329)
- Law and Gender (327)
- Criminal Law (317)
- Evidence (304)
- Litigation (295)
- Law and Psychology (293)
- Family Law (291)
- Civil Rights and Discrimination (284)
- Courts (283)
- Legal Ethics and Professional Responsibility (278)
- Privacy Law (275)
- Human Rights Law (273)
- Insurance Law (273)
- Intellectual Property Law (268)
- Jurisprudence (266)
- Comparative and Foreign Law (263)
- Disability Law (257)
- Administrative Law (249)
- Criminal Procedure (244)
- Dispute Resolution and Arbitration (244)
- Juvenile Law (242)
- Institution
-
- Cleveland State University (249)
- Seattle University School of Law (216)
- University of Michigan Law School (194)
- Yeshiva University, Cardozo School of Law (188)
- UIC School of Law (155)
-
- Loyola University Chicago, School of Law (116)
- Maurer School of Law: Indiana University (106)
- Vanderbilt University Law School (98)
- Schulich School of Law, Dalhousie University (69)
- Pepperdine University (68)
- West Virginia University (65)
- Mitchell Hamline School of Law (62)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (58)
- Villanova University Charles Widger School of Law (50)
- Washington and Lee University School of Law (47)
- Brigham Young University Law School (43)
- University of Richmond (41)
- Boston University School of Law (40)
- BLR (37)
- The University of Akron (36)
- University of Washington School of Law (36)
- Chicago-Kent College of Law (33)
- University of Oklahoma College of Law (31)
- Cornell University Law School (29)
- Georgetown University Law Center (29)
- New York Law School (28)
- University of Georgia School of Law (28)
- University of Maine School of Law (28)
- University of San Diego (28)
- Brooklyn Law School (27)
- Keyword
-
- Medical malpractice (198)
- Abortion (102)
- Medical Jurisprudence (86)
- Malpractice (68)
- Informed consent (59)
-
- Physicians (59)
- Health Law and Policy (56)
- Negligence (55)
- Medical ethics (54)
- Health care (49)
- Doctors (47)
- Right to die (46)
- Bioethics (43)
- Euthanasia (43)
- Torts (43)
- Assisted suicide (39)
- Constitutional Law (38)
- Ethics (36)
- Liability (35)
- Law (34)
- Privacy (33)
- Legislation (32)
- Medicine (32)
- Regulation (31)
- Mental health (30)
- Healthcare (28)
- Public health (28)
- Health law (27)
- Litigation (27)
- Medical (27)
- Publication Year
- Publication
-
- Seattle University Law Review (211)
- Faculty Scholarship (184)
- Cleveland State Law Review (175)
- UIC Law Review (113)
- Michigan Law Review (107)
-
- Articles (74)
- Loyola University Chicago Law Journal (68)
- Scholarly Works (66)
- West Virginia Law Review (65)
- Indiana Law Journal (64)
- Articles, Book Chapters, & Popular Press (62)
- Cardozo Journal of Equal Rights & Social Justice (57)
- Journal of Law and Health (57)
- Vanderbilt Law Review (56)
- Cardozo Law Review (52)
- Pepperdine Law Review (46)
- Villanova Law Review (1956 - ) (41)
- Washington and Lee Law Review (41)
- University of Richmond Law Review (37)
- Faculty Articles (36)
- Akron Law Review (35)
- All Faculty Scholarship (35)
- ExpressO (33)
- Vanderbilt Law School Faculty Publications (31)
- Chicago-Kent Law Review (30)
- Washington Law Review (30)
- BYU Law Review (28)
- Public Interest Law Reporter (28)
- Cornell Law Faculty Publications (25)
- UIC Law Open Access Faculty Scholarship (25)
- Publication Type
Articles 1501 - 1530 of 2913
Full-Text Articles in Medical Jurisprudence
Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman
Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article explores the relationship between technological innovation and health inequity. It examines in particular the relationship between the vaccine against human papillomavirus (HPV) infection, the cause of cervical cancer, and inequity in cervical cancer incidence and mortality. In Canada, screening programs have drastically reduced the incidence of cervical cancer, but their benefits have been unequally distributed. Prevention efforts have disproportionately failed women of disadvantaged social groups. Technological innovation alone will not remedy this inequity. The HPV vaccine merely expands the available means for reducing or increasing health inequity depending on its implementation. For this reason, the article looks beyond …
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Articles, Book Chapters, & Popular Press
In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …
Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy
Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy
Articles, Book Chapters, & Popular Press
Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, "security of the person". However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion …
Prenatal Management Of Anencephaly, Rebecca Cook, Joanna Erdman, Martin Hevia, Bernard Dickens
Prenatal Management Of Anencephaly, Rebecca Cook, Joanna Erdman, Martin Hevia, Bernard Dickens
Articles, Book Chapters, & Popular Press
About a third of anencephalic fetuses are born alive, but they are not conscious or viable, and soon die. This neural tube defect can be limited by dietary consumption of foliates, and detected prenatally by ultrasound and other means. Many laws permit abortion, on this indication or on the effects of pregnancy and prospects of delivery on a woman's physical or mental health. However, abortion is limited under some legal systems, particularly in South America. To avoid criminal liability, physicians will not terminate pregnancies, by induced birth or abortion, without prior judicial approval. Argentinian courts have developed means to resolve …
The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts
The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts
Vanderbilt Law School Faculty Publications
Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient gets the information she needs to meaningfully consent to medical procedures. Coming of age in the 1970s alongside other important rights movements, informed consent purported to solve medicine's paternalism: doctors too often dictating treatments rather than discussing options. Combating medical paternalism seems a worthwhile goal, given abuses in the past century, but moreover to improve everyday physician-patient encounters. …
Recognizing Our Dangerous Gifts: Applying The Social Model To Individuals With Mental Illness, Rachel Anderson-Watts
Recognizing Our Dangerous Gifts: Applying The Social Model To Individuals With Mental Illness, Rachel Anderson-Watts
Vanderbilt Law School Faculty Publications
Our society and laws allow a space for a multitude of identities and forms of expression. Many kinds of differences are legally protected in various ways, such as differences in race, religion, and gender. Sometimes protection takes the form of requiring social institutions to adapt to the unique needs of certain individuals or groups. Rights for disabled individuals, as exemplified by the Americans with Disabilities Act, rest on the principle that impairment disables because the world is structured around an incompatible model of human ability; not because of a fundamental deficit within the individual. This conception, termed the social model …
In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker
In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker
Michigan Law Review
It has now been ten years since the Supreme Court handed down Glucksberg and Quill, rulings on laws that forbid "assisted suicide." In that time, normative and legal developments in the fields of law, medicine, and psychology have changed the landscape of the discourse on the choice of a mentally competent, terminally ill individual to choose to self-administer medications to bring about a peaceful death. Although the Court rejected petitioners' claims that state laws denying them the ability to end their terminal illnesses through self-administered medication violated the Constitution, it left states with the opportunity to experiment with legislation …
Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley
Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley
Michigan Law Review
This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector …
Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler
Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler
Cardozo Journal of Equal Rights & Social Justice
The article argues that eugenic ideologies did not disappear from American law after World War II but instead evolved and were repackaged in response to shifting political and social norms. While the association with Nazi practices led to the decline of overtly coercive eugenic laws, eugenic principles persisted through new strategies, such as voluntary sterilization and population control initiatives. The article contends that the concept of reproductive choice became a key tool for redefining eugenic goals, allowing them to influence law and policy in more subtle ways.
The Law School Clinic As A Partner In A Medical-Legal Partnership, Jane R. Wettach
The Law School Clinic As A Partner In A Medical-Legal Partnership, Jane R. Wettach
Faculty Scholarship
No abstract provided.
Can Glucksberg Survive Lawrence? Another Look At The End Of Life And Personal Autonomy, Yale Kamisar
Can Glucksberg Survive Lawrence? Another Look At The End Of Life And Personal Autonomy, Yale Kamisar
Articles
In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide ("PAS") in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding that a state cannot make consensual homosexual conduct a crime, is not easy to reconcile with Glucksberg. Lawrence certainly takes a much more expansive view of substantive due process than did Glucksberg. It is conceivable that the five Justices who made up the Lawrence majority-all of whom still sit on the Court-might overrule Glucksberg. For various reasons, …
Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love
Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love
Articles
No abstract provided.
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Faculty Publications
The Americans with Disabilities Act (ADA), enacted by Congress seventeen years ago, offered disabled people a hope of equality and access that has not been fulfilled. 1 Court decisions halt an overwhelming majority of claims, particularly in the employment context, at the summary judgment stage. 2 A key mechanism for fencing out disabled people's claims is the pernicious requirement, based upon the very construction of disability that the ADA's proponents aimed to dispel, that medical evidence is required as a threshold matter to demonstrate that the plaintiff is entitled to seek protection under the statute. 3 The medical evidence requirement …
Health Care Law, Sean P. Byrne, Paul Walkinshaw
Health Care Law, Sean P. Byrne, Paul Walkinshaw
University of Richmond Law Review
Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Cardozo Law Review
No abstract provided.
A Final Plea For "Death With Dignity": A Proposal For The Modification And Approval Of The Assisted Dying For The Terminally Ill Bill In The United Kingdom, Lindsay Pfeffer
Cardozo Journal of International and Comparative Law
Increasing respect for personal autonomy in health-related decision-making, major alterations in the assisted suicide laws of other European countries (especially Switzerland and the Netherlands), and the rising popularity of Swiss suicide clinics have introduced the need for the British legislature to reevaluate the United Kingdom's stance on assisted suicide and to adjust medical practices to contemporary social needs. The introduction and obstruction of a bill in the House of Lords for the legalization of physician-assisted suicide for terminally ill individuals has provoked opposition from the British medical community and serious concern on behalf of members of the government regarding the …
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy
Indiana Law Journal
Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …
Challenging The Constitutionality Of Montana's Statute Limiting Medical Malpractice Non-Economic Damages, Alexander Blewett Iv
Challenging The Constitutionality Of Montana's Statute Limiting Medical Malpractice Non-Economic Damages, Alexander Blewett Iv
Montana Law Review
Challenging Montana's Limits
The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu
The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu
Washington International Law Journal
The issue of whether or not no-fault liability under the Consumer Protection Law (“CPL”) applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted medical care as “services” under Article 7 of the CPL. Under this interpretation, patient services must meet “reasonably expected safety standards,” while health care providers are subject to no-fault liability. This interpretation was strenuously opposed by the medical profession and invoked much debate over its validity in the legal field. After the Bo-Li case, the lower courts expressed different views on …
An Empirical Assessment Of Early Offer Reform For Medical Malpractice, W. Kip Viscusi, Jeffrey O`Connell, Joni Hersch
An Empirical Assessment Of Early Offer Reform For Medical Malpractice, W. Kip Viscusi, Jeffrey O`Connell, Joni Hersch
Vanderbilt Law School Faculty Publications
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and …
An Empirical Assessment Of Early Offer Reform For Medical Malpractice, Joni Hersch, W. Kip Viscusi, Jeffrey O'Connell
An Empirical Assessment Of Early Offer Reform For Medical Malpractice, Joni Hersch, W. Kip Viscusi, Jeffrey O'Connell
Vanderbilt Law School Faculty Publications
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and …
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Recognizing The Larger Sacrifice: Easing The Burdens Borne By Living Organ Donors Through Federal Tax Deductions, M. Lane Molen
Recognizing The Larger Sacrifice: Easing The Burdens Borne By Living Organ Donors Through Federal Tax Deductions, M. Lane Molen
Brigham Young University Journal of Public Law
No abstract provided.
Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone
Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone
Cardozo Law Review
No abstract provided.
Pangloss, Patrick O. Gudridge
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
University of Miami Law Review
No abstract provided.
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
University of Miami Law Review
No abstract provided.
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
University of Miami Law Review
No abstract provided.
Schiavo: The Road Not Taken, Mary I. Coombs
Schiavo: The Road Not Taken, Mary I. Coombs
University of Miami Law Review
No abstract provided.