American Journal of Law & Medicine

Articles from Vol. 29, No. 2/3, 2003

Achieving Equality: Healthcare Governance in Transition
I. INTRODUCTIONHealthcare is not immune to the deeply rooted inequalities in American society. To this day, racial and ethnic differences exist in the quality and outcomes of healthcare that cannot be attributed to socioeconomic or other healthcare access...
Clinical Uncertainty and Healthcare Disparities
I. INTRODUCTIONThe Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: "Racial and ethnic disparities in healthcare exist and, because they are associated with worse outcomes in many...
Dying Children and Medical Research: Access to Clinical Trials as Benefit and Burden
I. INTRODUCTIONThere is perhaps no greater tragedy in a parent's life than learning that one's child is terminally ill. Today, more than at any time in the past, when conventional treatment fails, dying children are given access to experimental treatment....
Equitable Health Systems: Cultural and Structural Issues for Latino Elders
I. INTRODUCTIONThis Article examines the extent to which the U.S. healthcare system is equitable for older Latinos, using the World Health Organization (WHO) and the related Organization for Economic Cooperation and Development (OECD) criteria on health...
ERISA Preemption: Second Circuit Ruling Delivers Potential Blow to HMOs-Cicio V. Does
ERISA Preemption: Second Circuit Ruling Delivers Potential Blow to HMOs-Cicio v. Does1-The U.S. Court of Appeals for the Second Circuit held that an HMO may not claim that the Employment Retirement Income Security Act (ERISA)2 preempts an allegedly flawed...
Foreword: Envisioning Health Disparities
I. INTRODUCTIONNo one approves of it. Our laws prohibit it. Yet racism will not go away. We continue to demonstrate that a colorblind society is just a society where color lurks in the blind spot. Disparities in healthcare offer a telling illustration...
Health Disparities and the Law: Wrongs in Search of a Right
Healthy People 2010 provides our Nation with the wide range of public health opportunities that exist in the first decade of the 21st century. With 467 objectives in 28 focus areas, Healthy People 2010 will be a tremendously valuable asset . . . . Healthy...
Medical Care as a Public Accommodation: Moving the Discussion to Race
I. INTRODUCTIONThis Article explores the concept of public accommodation in a civil rights context and presents an argument for revising the Civil Rights Act of 1964 (Act)1 to extend public accommodation obligations to private healthcare providers and...
Minority Children in Pediatric Research
I. INTRODUCTIONMedical research is heavily funded: the National Institutes of Health had a budget of over $20 billion in 2001, and even more money was spent by the pharmaceutical industry on research.1 Children's health issues, however, receive only...
No Room at the Inn: How the Federal Medicaid Program Created Inequities in Psychiatric Hospital Access for the Indigent Mentally Ill
I. INTRODUCTIONGet off [public transportation] at San Francisco's Powell Street station and you enter an open-air asylum. A woman crouches on the sidewalk, screaming obscenities. A man stumbles in circles, haunted by demonic voices. Hands reach out and...
Parity and Difference: The Value of Parity Legislation for the Seriously Mentally Ill
I. INTRODUCTIONMental illness affects the health status of about one in five Americans each year. More than five percent of adult Americans have a "serious" mental illness-an illness that interferes with social functioning.1 About two and one-half percent...
Spiritual Healing, Sick Kids and the Law: Inequities in the American Healthcare System
I. INTRODUCTIONMain Street in Sarasota, Florida. A high-tech medical arts building rises from the east end, the county's historic three-story courthouse is two blocks to the west and sandwiched in between is the First Church of Christ, Scientist. A verse...
Supreme Court: Abortion Protesters Not in Violation of RICO-Scheidler V. National Organization for Women, Inc
Supreme Court: Abortion Protesters Not in Violation of RICO-Scheidler v. National Organization for Women, Inc.1-The U.S. Supreme Court held "that petitioners did not commit extortion because they did not 'obtain' property from respondents as required...
The Participation of Underrepresented Minorities in Clinical Research
I. INTRODUCTIONThe past decade witnessed unprecedented growth in medical research involving human subjects,1 promising the development of new treatments that extend and improve the quality of life, as well as prevent disease. Recent biomedical breakthroughs...
Uncovering the Rationale for Requiring Infertility in Surrogacy Arrangements
I. INTRODUCTIONAnyone who reads numerous statutes is frequently left scratching his or her head: is this provision a deliberate, rational requirement or filler thrown in for no apparent reason? One puzzling requirement peppering state surrogacy statutes...