Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (1314)
- Torts (541)
- 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 (303)
- 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 (243)
- 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 (73)
- 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 961 - 990 of 2912
Full-Text Articles in Medical Jurisprudence
“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman
“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman
Pepperdine Law Review
This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of no-fault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART) …
Montana Expands Psychotherapists Privilege, Matching Federal Rules, Cynthia Ford
Montana Expands Psychotherapists Privilege, Matching Federal Rules, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime, Jacob Radecki
The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime, Jacob Radecki
Chicago-Kent Law Review
Egg “donation” is a burgeoning industry in the United States. Fertility clinics capitalize on financially needy college students by advertising substantial financial benefits; particularly gifted women may receive thousands of dollars for selling their eggs. Rosy advertisements portray a well-paying procedure that also helps bring a child to a loving parent. Yet these descriptions mask significant potential harms. With respect to known problems, hormone regimens may cause ovarian hyper-stimulation syndrome, which in the most severe cases can lead to infertility. In terms of unknown risks, anecdotal evidence suggests that the long-term side effects of egg extraction may include cancer. The …
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights, Hannah Schwager
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights, Hannah Schwager
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Keeping The Gates Open For Human Embryonic Stem Cell Research, Ren-How Harn
Keeping The Gates Open For Human Embryonic Stem Cell Research, Ren-How Harn
Cardozo Public Law, Policy & Ethics Journal
Human embryonic stem cell research represents an area of scientific progress that promises to deliver on the wonders mankind has thus far only seen in science fiction movies. However, ethical and legal concerns threaten to stifle research in an area often regarded as the holy grail of regenerative medicine. This Note analyzes the question in patent law of whether human embryonic stem cells constitute patentable subject matter under 35 U.S.C. §101 from a legal and policy perspective after the 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad. The issue has generated recent interest and debate with …
Rac: A Program In Distress, Mary Squire
Piercing The Veil: The Limits Of Brain Death As A Legal Fiction, Seema K. Shah
Piercing The Veil: The Limits Of Brain Death As A Legal Fiction, Seema K. Shah
University of Michigan Journal of Law Reform
Brain death is different from the traditional, biological conception of death. Although there is no possibility of a meaningful recovery, considerable scientific evidence shows that neurological and other functions persist in patients accurately diagnosed as brain dead. Elsewhere with others, I have argued that brain death should be understood as an unacknowledged status legal fiction. A legal fiction arises when the law treats something as true, though it is known to be false or not known to be true, for a particular legal purpose (like the fiction that corporations are persons). Moving towards greater transparency, it is legally and ethically …
Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag
Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag
Cardozo Law Review
Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …
When Should Physicians Be Liable For Innovation?, Anna B. Laakmann
When Should Physicians Be Liable For Innovation?, Anna B. Laakmann
Cardozo Law Review
Uncertainty pervades medicine. It is particularly acute when a physician deliberately deviates from generally accepted practices in an attempt to improve patient care. Unlike innovative drug and device manufacturers, treating physicians are not subject to mandatory ex ante public regulation. The question of how to constrain physician behavior thus largely falls to the tort system. Innovation by definition involves a departure from custom, so adherence to customary standards of care essentially requires physicians to solely bear the liability costs of innovative treatment. This regime, of course, protects patients from unnecessary risks associated with untested therapies, but may also unduly deter …
Managing The Multiple Layers Of Physician Oversight, Rick D. Barton
Managing The Multiple Layers Of Physician Oversight, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Health Injustice And Justice In Health: The Role Of Law And Public Policy In Generating, Perpetuating, And Responding To Racial And Ethnic Health Disparities Before And After The Affordable Care Act, Daryll C. Dykes
William Mitchell Law Review
No abstract provided.
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan
William Mitchell Law Review
No abstract provided.
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons
UIC Law Review
With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and mapped …
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Journal of Law and Health
On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each stage of …
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Do Physicians Respond To Liability Standards?, Michael D. Frakes, Matthew Frank, Seth Seabury
Do Physicians Respond To Liability Standards?, Michael D. Frakes, Matthew Frank, Seth Seabury
Faculty Scholarship
In this paper, we explore the sensitivity in the clinical decisions of physicians to the standards of care expected of them under the law, drawing on the abandonment by states over time of rules holding physicians to standards determined by local customs and the contemporaneous adoption of national-standard rules. Using data on broad rates of surgical interventions at the county-by-year level from the Area Resource File, we find that local surgery rates converge towards national surgery rates upon the adoption of national-standard rules. Moreover, we find that these effects are more pronounced among rural counties.
Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen
Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Denying Death, Teneille R. Brown
Denying Death, Teneille R. Brown
Utah Law Faculty Scholarship
Terminal cancer patients are being kept in the dark about the purpose of their care. Several studies show that these patients undergo expensive and painful interventions because they are holding out hope for a cure, even when their physicians know that a cure is very unlikely. The current Medicare reimbursement system encourages this false hope by incentivizing physicians to medicate and operate on patients, rather than to talk about whether or why to do these things. Our culture also encourages this false hope by treating cancer as a war that must be won. As a result, patients are admitted to …
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown
Utah Law Faculty Scholarship
Given its importance to the law, it is regrettable that judges and lawyers do not fully understand how the DSM is constructed, and the bedrock of values on which it rests. As evidence of this, lawyers and judges often refer to the DSM as the “psychiatric bible.” This language is both fascinating and perplexing. This Article will attempt to correct the notion that the DSM is a legal “psychiatric bible” by explaining how it is created and used by the medical field. It will also provide a few reasons why the law may have come to view it as a …
The Global Economic Cost Of Cancer: Improving Outcomes And Cost By Reducing International Barriers To Care, Alexandra Gross
The Global Economic Cost Of Cancer: Improving Outcomes And Cost By Reducing International Barriers To Care, Alexandra Gross
Loyola University Chicago International Law Review
No abstract provided.
Reclaiming Mediation's Future: Re-Focusing On Party Self-Determination, Robert A. Baruch Bush, Joseph P. Folger
Reclaiming Mediation's Future: Re-Focusing On Party Self-Determination, Robert A. Baruch Bush, Joseph P. Folger
Cardozo Journal of Conflict Resolution
The premise of the Symposium that occasioned this Issue was that mediation is presently underutilized almost everywhere, and that the reason for this phenomenon is that the public simply doesn't grasp the great value of the process due to inadequate outreach and education efforts about mediation as an alternative to the legal system. Some suggest that greater use of mandatory mediation policies is called for as a response, rather than continuing the fruitless effort to explain mediation's value to an apparently unreceptive public. We disagree about both the cause and the solution for lack of public interest in mediation. We …
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Faculty Articles
Grateful patient fundraising, defined as the solicitation of philanthropic donations by health care providers from current and former patients, raises a number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstanding issues raised by physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic …
The Dsm-5: Implications For Health Law, Stacey A. Tovino
The Dsm-5: Implications For Health Law, Stacey A. Tovino
Faculty Articles
In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders ("DSM-5"). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …
Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer
Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer
Kentucky Law Journal
No abstract provided.
Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss
Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss
University of Colorado Law Review
As part of a decades-long national trend towards privatization, local governments have turned to private contractors to provide health care in American prisons and jails. Ostensibly, the driving force behind this phenomenon is a desire to cut costs in an era of expanding prison health care expenditures and contracting governmental revenue streams. Local government officials build the cost-cutting incentive directly into their contracts via fixed-rate payment structures and cost-sharing provisions for off-site emergency treatment. While these contracts encourage cost-reduction, they simultaneously discourage proper oversight; their indemnification clauses render local governments largely immune from financial consequences when contractors deny emergency care …