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Medical Jurisprudence Commons™

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Articles 1861 - 1890 of 2913

Full-Text Articles in Medical Jurisprudence

Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek Jan 2001

Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek

Loyola University Chicago Law Journal

No abstract provided.

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Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman Jan 2001

Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman

UIC Law Review

No abstract provided.

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Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn Jan 2001

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

Georgetown Law Faculty Publications and Other Works

The debate over human embryonic stem cell research-scientific and clinical prospects as well as ethical implications-became front-page news only after two teams of university researchers reported in November 1998 that they had isolated and cultured human pluripotent stem cells. The discovery caused a flurry of excitement among patients and researchers and drew attention from President Clinton, who instructed the National Bioethics Advisory Commission (NBAC) to "conduct a thorough review of the issues associated with. .. human stem cell research, balancing all medical and ethical issues.”

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One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago Jan 2001

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.

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Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit Jan 2001

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.

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Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller Jan 2001

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.

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Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin Jan 2001

Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

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Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie Jan 2001

Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, we provide some background on the history of newborn screening and the legal context within which questions regarding consent must be answered, and then turn to the various arguments that can be made for and against the current approach to parental consent to genetic and metabolic tests administered as part of provincial/territorial newborn screening programs. In the end, we conclude that either practice should be changed to align it with current law such that explicit parental consent is sought for the established tests, or that advocates for maintaining current practices should lobby for legislation permitting newborn screening …

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Exploitation Of The Elite: A Case For Physician Unionization, Dionne L. Koller Jan 2001

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 …

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Caretakers And Collaborators, Maxwell Gregg Bloche Jan 2001

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 …

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Slouching Toward Managed Care Liability: Reflections On Doctrinal Boundaries, Paradigm Shifts, And Incremental Reform, Wendy K. Mariner Jan 2001

Slouching Toward Managed Care Liability: Reflections On Doctrinal Boundaries, Paradigm Shifts, And Incremental Reform, Wendy K. Mariner

Faculty Scholarship

Following the seemingly endless debate over managed care liability, I cannot suppress thoughts of Yeats’s poem, “The Second Coming.” It is not the wellknown phrase, “Things fall apart; the centre cannot hold,” that comes to mind; although that could describe the feeling of a health-care system unraveling. The poem’s depiction of lost innocence — “The best lack all conviction, while the worst/Are full of passionate intensity” — does not allude to the legislature, the industry, the public, or the medical or legal profession. What resonates is the poem’s evocation of humanity’s cyclical history of expectation and disappointment, with ideas as …

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The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas Jan 2001

The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas

Faculty Scholarship

The subject is law at the beginning and end of life. Most of my work is in the area of general health law: law and medicine, public health law, and health and human rights. But this is my favorite subject area, and I expect you to ask me the hardest questions you can. I am not saying I can answer them, but if I cannot that is my fault, not yours. I am going to make a pretty broad argument today about law and medicine; specifically about how new medical technology and medical practice standards have eclipsed religion (and sometimes …

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Slouching Toward Barbarism--The Quest To Limit Partial Birth Abortion After Stenberg V. Carhart, Todd Goudy Dec 2000

Slouching Toward Barbarism--The Quest To Limit Partial Birth Abortion After Stenberg V. Carhart, Todd Goudy

West Virginia Law Review

No abstract provided.

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Health Care Law: Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr. Oct 2000

Health Care Law: Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.

Faculty Publications

Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine.The three Missouri health care law cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of general …

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Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack Oct 2000

Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack

Osgoode Hall Law Journal

Euthanasia and assisted suicide are highly controversial subjects that have drawn much attention in Canada over the last two decades. This paper outlines how the Netherlands, the United States, Australia, and Canada have approached the practices. Jurisprudence, public opinion polls, legislative developments, and the positions of medical organizations and their members are included in the analysis. A number of arguments for and against the continued prohibition of the practices in Canada are evaluated. As well, information regarding the extent to which euthanasia and assisted suicide are performed in these countries is assessed. It will be shown that Canadians currently enjoy …

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Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe Sep 2000

Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe

West Virginia Law Review

No abstract provided.

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What Recourse?—Liability For Managed Care Decisions And The Employee Retirement Income Security Act, Wendy K. Mariner Aug 2000

What Recourse?—Liability For Managed Care Decisions And The Employee Retirement Income Security Act, Wendy K. Mariner

Faculty Scholarship

Should managed-care organizations be accountable to patients injured by the company's negligence or wrongdoing? The general rule is that all organizations, including managed-care organizations, are legally liable for causing personal injury as a result of their own negligence or the negligence of their employees or agents.1-4 However, as most observers of the U.S. health care system know by now, there is an exception to this basic legal rule of accountability. The Employee Retirement Income Security Act of 1974 (ERISA) has been interpreted to grant health benefit plans provided by employers or unions (and the managed-care organizations that sell or …

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Trends. Problems In Cultural Transplants: From Aviation To Medicine, Ibpp Editor Jun 2000

Trends. Problems In Cultural Transplants: From Aviation To Medicine, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the issues with transferring aviation security to medical cultures.

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Establishing The Standard For A Physician's Patient Diagnosis Using Scientific Evidence: Dealing With The Split Of Authority Amongst The Circuit Courts Of Appeal, Jack E. Karns May 2000

Establishing The Standard For A Physician's Patient Diagnosis Using Scientific Evidence: Dealing With The Split Of Authority Amongst The Circuit Courts Of Appeal, Jack E. Karns

Brigham Young University Journal of Public Law

No abstract provided.

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Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter Jan 2000

Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter

Loyola University Chicago Law Journal

No abstract provided.

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Genetic Research: Are More Limitations Needed In The Field, Kristie Sosnowski Jan 2000

Genetic Research: Are More Limitations Needed In The Field, Kristie Sosnowski

Journal of Law and Health

This Note will focus on the medical achievements that have been made, in large part, because of advances in genetic research. Specifically, this Note will focus on the genetic advances associated with the Human Genome Project, Gene Therapy, Genetic Testing, and Human Embryonic Stem Cell Research. The last year of the twentieth century brought scientists one step closer to the successful completion of the Human Genome Project. The Human Genome Project is a government-funded project with the underlying goal of sequencing and mapping the entire human genome. Scientists believe that the completion of this project will aid them in answering …

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Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson Jan 2000

Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson

UIC Law Review

No abstract provided.

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Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere Jan 2000

Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

No abstract provided.

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An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond Jan 2000

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

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Inverting The Viability Test For Abortion Law, Bruce Ching Jan 2000

Inverting The Viability Test For Abortion Law, Bruce Ching

Journal Articles

The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.

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The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer Jan 2000

The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer

Seattle University Law Review

In the American legal system, the myths surrounding judicial decision-making may pose significant impediments to achieving therapeutic jurisprudence. Courts, we are taught, are confined to the preexisting law, applying it to the conflict as the law itself requires that the conflict be framed. This is, in many ways that matter, a belief system that is not conducive to the therapeutic jurisprudence way.

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The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers Jan 2000

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional …

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Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok Jan 2000

Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok

Seattle University Law Review

This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum …

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Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider Jan 2000

Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider

Book Chapters

Throughout most of American history no one would have supposed biomedical policy could or should be made through constitutional adjudication. No one would have thought that the Constitution spoke to biomedical issues, that those issues were questions of federal policy, or that judges were competent to handle them. Today, however, the resurgence of substantive due process has swollen the scope of the Fourteenth Amendment, the distinction between federal and state spheres is tattered, and few statutes escape judicial vetting. Furthermore, Abraham Lincoln's wish that the Constitution should "become the political religion of the nation" has been granted. "We now reverently …

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The Road To Glucksberg, Carl E. Scheider Jan 2000

The Road To Glucksberg, Carl E. Scheider

Book Chapters

No abstract provided.

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