The Past And Future Of Deinstitutionalization Litigation,
2012
University of Michigan Law School
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
Cardozo Law Review
Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …
Scholastic Steroids: Is Generation Rx Cognitively Cheating? ,
2012
Pepperdine University
Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton
Pepperdine Law Review
No abstract provided.
A Secure Medical Communication System For Android Smartphones,
2012
Cleveland State University
A Secure Medical Communication System For Android Smartphones, Ben Andow
Undergraduate Research Posters 2012
The use of smartphones within the medical field can be beneficial in numerous ways. Communication protocols and access controls ensure that the application prototype is compliant with HIPPA regulations.
Defensive Medicine And Obstetric Practices,
2012
Cornell Law School
Defensive Medicine And Obstetric Practices, Michael Frakes
Cornell Law Faculty Publications
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence,
2012
Dalhousie University Schulich School of Law
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split,
2012
American University Washington College of Law
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
Legislation and Policy Brief
The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights,
2012
University of San Diego
Pliva Shields Big Pharma From Billions, Cuts Consumers' Rights, Dana Taschner
San Diego Law Review
This Article explores the emergence of the LRA test, as well as its dangers, and explains how an equivalent norm underlies recent monopolization cases. The Author concludes that the law should not require business practices to maximize social welfare to pass muster under the antitrust laws. As tools of public policy directed at unilateral market behavior, antitrust and regulation have long played distinct, though complementary, roles. Natural-monopoly regulation has as its immodest goal the maximization of consumer welfare by simultaneously imposing universal service obligations and spurring the efficiencies associated with competition through the imposition of various behavioral constraints. That such …
The Informational And Institutional Theories Of Off-Label Promotion,
2012
University of San Diego
The Informational And Institutional Theories Of Off-Label Promotion, Miguel A. Lopez
San Diego Law Review
This Article contends that there are two distinct theories of the offense of off-label promotion—the informational theory and the institutional theory. One is concerned with controlling the flow of medical knowledge and the other is concerned with protecting regulatory legitimacy. Different kinds of evidence are key under each theory. I argue that although the Federal Food, Drug, and Cosmetic Act (FD&C Act) and its accompanying regulations emphasize the informational theory, federal prosecutors rely more heavily on the legal arguments that underpin the institutional theory of enforcement. A corollary to this contention is that the informational theory of off-label promotion does …
An Artist's Theory Of Money,
2012
Yeshiva University, Cardozo School of Law
An Artist's Theory Of Money, Franz Kaltenbeck
Cardozo Law Review
In the eighties, the German-Swiss artist Dieter Roth (1930-1998) formulated a theory of money which throws a cruel light on one of the most important instruments of social exchange. That money often comes from dirty business is a commonplace even if it cannot be denied as a fact. But the artist went beyond this observation. Far from being a "beautiful soul," Dieter Roth developed the idea that it belongs to the essence of money to have dark and criminal origins which arise from the same sources as our fears. Money, he said, is a kind of sedative, used to "conjure …
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability,
2012
Pepperdine University
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
The Ftca, Veterans, And Future Medical Expenses,
2012
University of San Diego
The Ftca, Veterans, And Future Medical Expenses, R. J. Pinto
San Diego Law Review
In this comment the author aims to expose the jurisprudential flaws in a particular area of the law and advocate, as his prescription a refocused jurisprudence. Part II describes how courts have historically come to the conclusion that veterans suing under the FTCA should be awarded future medical expenses despite their entitlement to VA medical care. Part III address a threshold issue: the extent to which courts using this framework have overcompensated veterans. Part IV addresses why overcompensating veterans under the FTCA matters on a policy level. Part V exposes the problems with the court's jurisprudence and provides a solution …
Reply To Critics Of The Heartbeat Bill,
2012
Cleveland State University, Cleveland-Marshall College of Law
Reply To Critics Of The Heartbeat Bill, David Forte
Law Faculty Articles and Essays
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent,
2012
Pepperdine University
Two Kinds Of Statistics, The Kind You Look Up And The Kind You Make Up: A Critical Analysis Of Comparative Provider Statistics And The Doctrine Of Informed Consent, Jennifer Wolfberg
Pepperdine Law Review
No abstract provided.
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation,
2012
Pepperdine University
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Pepperdine Law Review
No abstract provided.
Toward A Theory Of Medical Malpractice,
2012
Brooklyn Law School
Toward A Theory Of Medical Malpractice, Alex Stein
Faculty Scholarship
No abstract provided.
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains,
2012
American University Washington College of Law
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Legislation and Policy Brief
Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …
Mold Is Gold: But, Will It Be The Next Asbestos?,
2012
Pepperdine University
Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner
Pepperdine Law Review
No abstract provided.
Fetal Pain Legislation: Is It Viable?,
2012
Pepperdine University
Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett
Pepperdine Law Review
Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?,
2012
Pepperdine University
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Pepperdine Law Review
No abstract provided.
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?,
2012
Pepperdine University
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
Pepperdine Law Review
More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …
