American Journal of Law & Medicine

Articles from Vol. 29, No. 1, 2003

An Inquiry into Unionizing Home Healthcare Workers: Benefits for Workers and Patients
I. INTRODUCTIONSusan Carter has not been feeling well for days.1 She would like to see a doctor about her chest pain and wheezing, but Susan knows that missing work will leave her client without a replacement and, worse, she could be fired. Susan is...
Can Same-Sex Partners Consent to Organ Donation?
I. INTRODUCTIONAs more same-sex couples enter into civil unions and domestic partnerships, the courts and other institutions are beginning to consider the implications of these partnerships in several areas of the law. A Georgia appeals court, for example,...
HIPAA: Regulation of Theft from Healthcare Programs Is within Congress's Commerce Clause Authority-United States V. Whited
311 F.3d 259 (3d Cir. 2002).Wrongful Birth: Utah Statute Banning Wrongful Birth Claims Does Not Violate Due Process or Equal Protection-Wood v. University of Utah Medical Center, No. 20000827, 2002 WL 31895671 (Utah Dec. 31, 2002).HIPAA: Regulation of...
Medical Center
Wrongful Birth: Utah Statute Banning Wrongful Birth Claims Does Not Violate Due Process or Equal Protection-Wood v. University of Utah Medical Center1-The Supreme Court of Utah held that Utah's Wrongful Life Act,2 which bars tort claims for wrongful...
Terminal Sedation: Palliative Care for Intractable Pain, Post Glucksberg and Quill
I. INTRODUCTIONIn 1997, the U.S. Supreme Court tacitly endorsed terminal sedation as an alternative to physician-assisted suicide, thus intensifying a debate in the legal and medical communities as to the propriety of terminal sedation and setting the...
The Maine Rx Prescription Drug Plan and the Dormant Commerce Clause Doctrine: The Case of the Missing Link[age]
I. INTRODUCTIONIn the 2002 Term, the U.S. Supreme Court will hear the case of Pharmaceutical Research and Manufacturers of America (PhRMA) v. Concannon,1 in which PhRMA, the plaintiff-appellant, will argue that the State of Maine's program to supply...
What Makes Genetic Discrimination Exceptional?
I. INTRODUCTIONRecent advances in understanding the genetic basis of disease has inspired hope but also fear. While establishing a link between a person's genetic makeup and a propensity to disease may lead to better treatment, many scientists, physicians...
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