Planning For Alzheimer's Disease With Mental Health Advance Directives,
2010
Seattle University School of Law
Planning For Alzheimer's Disease With Mental Health Advance Directives, Lisa Ellen Brodoff
Faculty Articles
Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer's disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer's disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer's disease and those with the disease in their families. The MHAD is designed to aid caregivers and …
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk,
2010
Osgoode Hall Law School of York University
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant
Articles & Book Chapters
No abstract provided.
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa,
2010
University of Richmond
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Richmond Public Interest Law Review
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …
What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy,
2010
University of Richmond
What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford
Richmond Public Interest Law Review
In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …
Medical Rights For Same-Sex Couples And Rainbow Families,
2010
University of Richmond
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Richmond Public Interest Law Review
The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …
Legal Preparedness For Pandemic Influenza: Is Virginia Ready,
2010
University of Richmond
Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam
Richmond Public Interest Law Review
We cannot look at the legal issues of pandemic influenza in a vacuum. This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing for a pandemic. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during …
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates,
2010
University of Richmond
Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther
Richmond Public Interest Law Review
In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia,
2010
University of Richmond
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Public Interest Law Review
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids,
2010
Georgetown University Law Center
"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids, Lisa M. Keels
University of Baltimore Law Review
No abstract provided.
Comments: Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law,
2010
University of Baltimore School of Law
Comments: Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law, Allison M. Busby
University of Baltimore Law Review
No abstract provided.
Recalibrating The Legal Risks Of Cross-Border Health Care,
2010
Southern Methodist University, Dedman School of Law
Recalibrating The Legal Risks Of Cross-Border Health Care, Nathan Cortez
Faculty Journal Articles and Book Chapters
The nascent scholarship surrounding "medical tourism" assumes, without much scrutiny, that foreign jurisdictions provide few legal remedies to patients, instead focusing on whether U.S. patients can sue in U.S. courts. This article tests that assumption by examining whether patients might recover adequate compensation not only in the United States, but in four common destinations: India, Thailand, Singapore, and Mexico. I analyze how each jurisdiction handles medical malpractice complaints and discuss the unique obstacles patients might face when navigating each of these systems. I conclude that U.S. patients will struggle to recover remotely adequate compensation in each of these jurisdictions. This …
Mirror Neurons, The New Neuroscience, And The Law: Some Preliminary Observations, 39 Sw. L. Rev. 499 (2010),
2010
The John Marshall Law School, Chicago
Mirror Neurons, The New Neuroscience, And The Law: Some Preliminary Observations, 39 Sw. L. Rev. 499 (2010), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?,
2010
University of Oklahoma College of Law
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino
Faculty Articles
In its broadest sense, this Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recognition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and …
Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate,
2010
Faulkner University Jones School of Law
Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker
Journal of Law and Health
This paper attempts a view of the contemporary health care debate in America through the prism of Biblical scripture and proposes that people of faith should recognize the current state of the American health care system as a moral crisis of justice and charity. First, I provide a survey of the current state of American health care for the uninsured, describing the demographic and economic circumstances of the uninsured and the resources available to them when they need medical care. Second, I ask whether, in light of scripture, this state of affairs presents a moral question that should drive our …
Lines Of Communication: Advances In Stem Cell Policy,
2010
Cleveland-Marshall College of Law
Lines Of Communication: Advances In Stem Cell Policy, Dena Davis, Debra Grega
Journal of Law and Health
This is a transcription of the Journal of Law and Health's Speaker Series event held on November 17, 2009 at the Joseph W. Bartunek III Moot Court Room, Cleveland-Marshall College of Law. The speakers discussed stem cell policy, ethics, oversight, funding restrictions and research restrictions.
What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football,
2010
Cleveland State University
What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl
Journal of Law and Health
In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes …
Book Review,
2010
Cleveland-Marshall College of Law Library
Book Review, Laura Ray
Journal of Law and Health
Reviewing Real Collaboration: What it Takes for Global Health to Succeed, Mark L. Rosenberg, Elisabeth S. Hayes, Margaret H. McIntyre, and Nancy Neill, California/ Milbank Books on Health and the Public; no. 20. Berkeley: University of California Press; New York: Milbank Memorial Fund, c2010.
Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn,
2010
Cleveland State University
Not Of Woman Born: How Ectogenesis Will Change The Way We View Viability, Birth, And The Status Of The Unborn, Eric Steiger
Journal of Law and Health
Over seventy-five years ago, Aldous Huxley envisioned a future in which the creation of human individuals is not left to chance and sweaty biology, but is a feat of engineering individuals to established specifications. Huxley described a process by which human ova are fertilized in-vitro, then "budded" through an imaginary technique into multiple copies, and finally into identical twins in incubators, entirely absent of a mother's womb. While many of Huxley's predictions about the future have come to pass, such as helicopters, the assembly line, and indeed, in-vitro fertilization, the prospect of ectogenesis, of gestating a child completely outside of …
Encouraging The Use Of Community Involvement And Restorative Practices As Treatment For Trauma With Black Juvenile Offenders,
2010
Loyola University Chicago, School of Law
Encouraging The Use Of Community Involvement And Restorative Practices As Treatment For Trauma With Black Juvenile Offenders, Uduakobong Ikpe, Kendell L. Coker
Public Interest Law Reporter
No abstract provided.
Children Are Not Little Adults: Developmental Differences And The Juvenile Justice System,
2010
Loyola University Chicago, School of Law
Children Are Not Little Adults: Developmental Differences And The Juvenile Justice System, Linda M.B. Uttal, David H. Uttal
Public Interest Law Reporter
No abstract provided.
