Journal of Law and Health

Professional journal covering law and health.

Articles from Vol. 11, No. 1-2, Spring-Summer

A Framework for Analysis of ERISA Preemption in Suits against Health Plans and a Call for Reform
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 Care Liability...
Ancient Answers to Modern Questions: Death, Dying, and Organ Transplants - a Jewish Law Perspective
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 Medical advances...
Essay: The Challenge of Providing Adequate Housing for the Elderly ... along with Everyone Else
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 fundamental...
Intercountry Adoption: A Need for Mandatory Medical Screening
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 Intercountry...
Is Law the Prescription That Can Cure Medicine?
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 Cleveland-Marshall...
Joining a 'Cult': Religious Choice or Psychological Aberration?
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 religious groups,...
Mandating Coverage for Maternity Length of Stays: Certain Problems with the Good Idea
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. HOW THE REGULATIONS...
Responsibilities of Employers toward Mentally Disabled Persons under the Americans with Disabilities Act
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 VIII....
Ridicule or Recourse: Parents Falsely Accused of Past Sexual Abuse Fight Back
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 D. Loss of...
State Lawsuits May Proceed against Medical Device Manufacturers
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. "Requirement" Under Section...
Therapists' Liability to the Falsely Accused for Inducing Illusory Memories of Childhood Sexual Abuse - Current Remedies and a Proposed Statute
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, the...