Journal of Law and Health articles from March 22 1996

Journal of Law and Health archives from March 22 1996

Is law the prescription that can cure medicine?(1996 Baker-Hostetler Lecture)
March 22, 1996... It is a pleasure and a privilege to have this opportunity for endless learning in an environment so rich and so different from my own. I am grateful to Mr. Drinko, to the firm he represents, to Dean Steinglass, and to the faculty of the...

Ancient answers to modern questions: death, dying, and organ transplants - a Jewish law perspective.
March 22, 1996... I. INTRODUCTION III. DEFINING DEATH III. ORGAN TRANSPLANTS IV. "CHOOSE LIFE"--MEDICAL DIRECTIVES, EUTHANASIA, SUICIDE A. Suicide B. The DNR Conundrum C. Euthanasia D. Assisted Suicide V. CONCLUSION I. INTRODUCTION...

Therapists' liability to the falsely accused for inducing illusory memories of childhood sexual abuse - current remedies and a proposed statute.
March 22, 1996... A father hired a private investigator after his [adult] daughter reportedly uncovered a repressed memory and accused him of incest. The investigator [visited] the therapist complaining [of] nightmares and trouble sleeping. On the third visit,...

Essay: the challenge of providing adequate housing for the elderly ... along with everyone else.
March 22, 1996... With the "graying" of the baby-boomer generation, the United States is on the verge of an unprecedented demographic revolution that will see the proportion of elderly increase to twenty percent of our population by the year 2050.(2) This...

Joining a 'cult': religious choice or psychological aberration?
March 22, 1996... I. Introduction II. What Is A "Cult"? III. The Civil Liberties Issues IV. Medicalizing A Political Issue V. The Conversion Phenomenon VI. Conclusion I. Introduction America has always been fertile ground for a multiplicity of...

Responsibilities of employers toward mentally disabled persons under the Americans with Disabilities Act.
March 22, 1996... I. MENTAL ILLNESS IN GENERAL II. THE LEGAL DEFINITION OF MENTAL DISABILITY III. WHEN MUST AN EMPLOYER BE ON NOTICE OF A MENTAL DISABILITY? IV. ESSENTIAL JOB FUNCTIONS V. REASONABLE ACCOMMODATION VI. OTHERWISE QUALIFIED VII. DIRECT THREAT OF HARM...

A framework for analysis of ERISA preemption in suits against health plans and a call for reform.
March 22, 1996... A FRAMEWORK FOR ANALYSIS OF ERISA PREEMPTION IN SUITS AGAINST HEALTH PLANS AND A CALL FOR REFORM SUSAN O. SCHEUTZOW(1) I. Introduction II. Overview of Risk and the Structure of Health Plans III. "Management if Care" and Types of Managed...

State lawsuits may proceed against medical device manufacturers.(Case Note)
March 22, 1996... I. INTRODUCTION II. MEDICAL DEVICE AMENDMENTS III. PREEMPTION IV. FACTS OF LOHR A. District Court B. Eleventh Circuit Court of Appeals C. Supreme Court 1. Negligent Design Claims Under Section 510(k) 2....

Intercountry adoption: a need for mandatory medical screening.
March 22, 1996... I. Introduction II. Principle Types of Adoption III. Adopting in a Foreign Country-Recognition IV. Intercountry Adoption Occurring in the United States V. Different Parties to the Intercountry Adoption VI. Health Problems Associated With...

Mandating coverage for maternity length of stays: certain problems with the good idea.
March 22, 1996... I. INTRODUCTION II. STATE LEGISLATION REGULATING MATERNITY STAY COVERAGE A. Ohio's Maternity Length-of-Stay Law B. Maternity Standards Implemented in Cleveland III. NATIONAL LEGISLATION-THE FEDERAL ROLE IN HEALTH CARE IV....

Ridicule or recourse: parents falsely accused of past sexual abuse fight back.
March 22, 1996... I. Introduction II. Psychotherapy: Can These Memories be Trusted? III. Third Party Causes of Action Against Psychotherapists A. Malpractice and Negligence B. Infliction of Emotional Distress C. Defamation ...