Journal of Law and Health

Professional journal covering law and health.

Articles from Vol. 14, No. 1, Spring

Beyond Washington V. Glucksberg: Oregon's Death with Dignity Act Analyzed from Medical and Constitutional Perspectives
INTRODUCTION Physician-assisted suicide. An oxymoron. The concept goes against the grain. It runs counter to thousands of years of understanding of the physician's role, embodied in the timeless credo: "Do no harm."(2) It runs counter to themes...
COBRA Continuation Coverage and the Plain Reading of the Statute: Geissal V. Moore Medical Corporation
I. INTRODUCTION In 1986 Congress passed the Consolidated Omnibus Budget Reconciliation Act (COBRA).(2) This legislation amended the Employee Retirement Income Security Act (ERISA)(3) by requiring employers to offer group health insurance coverage...
Director's Duty of Care to Monitor Information Systems in HMOs: Some Lessons from the Oxford Health Plan
INTRODUCTION Directors of "for profit" and "nonprofit" health maintenance organizations (HMOs), like all corporate directors, are subject to the duty of care in their oversight of the business. This duty extends over business performance as well...
ERISA Preemption: Will the Elimination of the ERISA Preemption Clause Help or Harm America's Ability to Death with Its Pending Health Care Crisis?
I. INTRODUCTION Many health experts argue that "the American health system is a work in progress; it can and ... will get better."(2) Unfortunately, for individuals like Barbara Garvey, the health care system had not progressed fast enough to save...
Misconceptions and Misleading Information Prevail - Less Regulation Does Not Mean Less Danger to Consumers: Dangerous Herbal Weight Loss Products
I. INTRODUCTION "Instead of walking down the aisle before a bride. I walked behind a casket," wept Mary Jo Linnen, mother of a thirty-year-old woman who died in February 1997 of a heart and lung disorder after taking the prescription "drug cocktail,"...
Mr. Peanut Goes to Court: Accommodating an Individual's Peanut Allergy in Schools and Day Care Centers under the Americans with Disabilities Act
I. INTRODUCTION Recently, the Department of Transportation, "DOT," declared peanut allergy a "disability" under the Air Carrier Access Act,(1) a 1986 law that guarantees disabled passengers access to airliners, and which can be considered the air...

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