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 1831 - 1860 of 2913
Full-Text Articles in Medical Jurisprudence
Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr.
Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr.
Public Interest Law Reporter
No abstract provided.
Controversy In The Deaf Community, Molly Mack
Controversy In The Deaf Community, Molly Mack
Public Interest Law Reporter
No abstract provided.
Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia
Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia
Journal of Law and Health
This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …
Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein
Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein
Vanderbilt Law Review
The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations. Those who have experienced the full thrust of the power of government when leveled against them know that the only protection the citizen has is in the requirement for a fair trial. [I]nvoluntary medication with antipsychotic drugs poses a serious threat to a defendant's right to a fair trial. On July 24, 1998, Russell Weston shot and killed two police officers, and wounded a third, near a security checkpoint in the United States …
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Cornell Law Faculty Publications
The completion of a rough draft of the Human Genome presents both tremendous potential for improvements in health care delivery and challenges to providing appropriate incentives that will bring forth new treatments while protecting individuals and groups from genetic discrimination. As "genetics" becomes an integral part of health care delivery, there are no existing coherent legal doctrines for balancing the risks and benefits of this technological and scientific achievement. Developing a coherent legal approach to these risks and benefits requires a reexamination of the purposes of the liability doctrines that govern the management of disease processes. At the moment, a …
Industry And The Academy: Conflicts Of Interest In Contemporary Health Research, Jocelyn Downie
Industry And The Academy: Conflicts Of Interest In Contemporary Health Research, Jocelyn Downie
Articles, Book Chapters, & Popular Press
The case of Dr. Nancy Olivieri, the Hospital for Sick Children (HSC), the University of Toronto, and Apotex Inc. (hereinafter the "Olivieri case") is critically important to an understanding of the issues central to contemporary health research and the safety of research participants. First, the case illustrates the huge stakes in such research – not only billions of dollars, but the health of Canadians. Second, the case played out at a crucial time in the history of the regulation of health research. Like other recent high-profile cases, it challenged the ways in which research is governed at the local and …
Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche
Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author argues in this Comment that disingenuity as first resort is an unwise approach to the conflict between our ex ante and our later, illness-endangered selves. Not only does rationing by tacit deceit raise a host of moral problems, it will not work, over the long haul, because markets reward deceit's unmasking. The honesty about clinical limit-setting that some bioethicists urge may not be fully within our reach. But more candor is possible than we now achieve, and the more conscious we are about decisions to impose limits, the more inclined we will be to accept them without experiencing …
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin
Journal Articles
The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver
You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver
Washington and Lee Law Review
No abstract provided.
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew
Indiana Law Journal
No abstract provided.
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Cardozo Law Review
No abstract provided.
Experts, Carl E. Schneider
Experts, Carl E. Schneider
Articles
George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …
E-Health: The Medical Frontier--Preface, Brian J. Caveney
E-Health: The Medical Frontier--Preface, Brian J. Caveney
West Virginia Law Review
No abstract provided.
Cybermedicine And Virtual Pharmacies, Ronald L. Scott
Cybermedicine And Virtual Pharmacies, Ronald L. Scott
West Virginia Law Review
No abstract provided.
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Indiana Law Journal
No abstract provided.
Attitudes Of Risk Management Professionals Toward Disclosure Of Medical Mistakes, Kathleen Ruroede
Attitudes Of Risk Management Professionals Toward Disclosure Of Medical Mistakes, Kathleen Ruroede
RISK: Health, Safety & Environment (1990-2002)
The author reports on health care organization risk managers' attitudes toward disclosure of medical mistakes.
Constitutional Issues Raised By States' Exclusion Of Fertility Drugs From Medicaid Coverage In Light Of Mandated Coverage Of Viagra, Erin L. Connolly
Constitutional Issues Raised By States' Exclusion Of Fertility Drugs From Medicaid Coverage In Light Of Mandated Coverage Of Viagra, Erin L. Connolly
Vanderbilt Law Review
On July 2, 1998, officials at the Health Care Financing Administration ("HCFA"), the federal agency responsible for administering the Medicaid program,' mandated that state Medicaid pro- grams provide coverage for the impotency drug Viagra. The HCFA's announcement has proven very controversial, encountering resistance from many states who view the mandate as financially impairing their ability to provide other Medicaid services. Mandated Medicaid coverage of Viagra is also curious, considering that the Medicaid statute specifically permits states to exclude fertility drugs, a category of drugs into which Viagra falls, from coverage under state Medicaid programs. Moreover, most states do in fact …
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
BYU Law Review
No abstract provided.
Jones V. Chicago Hmo: The Illinois Supreme Court Gives The Hmo Industry A Rude Awakening, Maura F. Forde
Jones V. Chicago Hmo: The Illinois Supreme Court Gives The Hmo Industry A Rude Awakening, Maura F. Forde
Loyola University Chicago Law Journal
No abstract provided.
Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo
UIC John Marshall Journal of Information Technology & Privacy Law
"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …
Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis
UIC John Marshall Journal of Information Technology & Privacy Law
Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
UIC John Marshall Journal of Information Technology & Privacy Law
In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost
Scholarly Articles
In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.
In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …
Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks
Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks
UIC Law Review
No abstract provided.
Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis
UIC Law Review
No abstract provided.
Lessons Taught By Miss Evers' Boys: The Inadequacy Of Benevolence And The Need For Legal Protection Of Human Subjects In Medical Research , Donald H.J. Hermann
Lessons Taught By Miss Evers' Boys: The Inadequacy Of Benevolence And The Need For Legal Protection Of Human Subjects In Medical Research , Donald H.J. Hermann
Journal of Law and Health
The Tuskegee study is perhaps the most notorious example of abuse in medical research in the United States. It is significant that the project was not ended until twenty-five years after the adoption of the Nuremberg Code of 1948, the first article of which establishes its principle that human subjects should not be experimented on without their consent. Continuing concern about the ethics of medical and scientific research have been fueled by finding about other research abuse such as the radiation experiments in the 1940's and 1950's that involved subjects being injected with plutonium without their knowledge and feeding radioactive …
Setting Limits: Medical Technology And The Law, George P. Smith Ii
Setting Limits: Medical Technology And The Law, George P. Smith Ii
Scholarly Articles
The allocation and rationing of health care resources is, no doubt, one of the most pressing issues confronting contemporary society. These issues considered from a micro and a macro level of economic analysis are linked inextricably to utilitarianism which, in turn, relies upon a cost-benefit analysis which balances reasonable individual needs against the availability of medical resources within the larger community. From an ethical viewpoint, the cost-benefit approach to the distribution of health care resources is impractical because it seeks to reduce (or convert) all health benefits to dollar amounts, thereby seeking very awkwardly to convert quality of life benefits …
Comment: Surgically Implanted Medical Device Liability: Will The New Restatement Help The Unraveling Shield Created By Medtronic, Inc. V. Lohr?, Donna M. Senft
Comment: Surgically Implanted Medical Device Liability: Will The New Restatement Help The Unraveling Shield Created By Medtronic, Inc. V. Lohr?, Donna M. Senft
University of Baltimore Law Review
No abstract provided.