bluuebunny/crossref_metadata_2025_split huggingface dataset:
Antitrust Implications of Health Planning: National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City
Authors: Chase Judy B. 
Published: February 2021

AbstractIn National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City, the United States Supreme Court held that there is no blanket exemption from antitrust laws for health planning activities.‘The Court also held that no specific immunity can be granted where the challenged health planning activity is not undertaken pursuant to a federal regulatory scheme. This Comment reviews the Court’s decision and concludes that the Court correctly determined that the challenged activities did not qualify for an exemption. The Comment also examines the implications of the Court's statement that, where Congress has manifested a belief that competition is ineffective in the health care industry, application of the antitrust laws should be modified. The Comment recommends that an intermediate review standard such as the “presumptive, incentive modifying approach” should be used by future courts in deciding whether the ineffectiveness of competition in a given area of health planning activity warrants immunity from antitrust scrutiny.
Gestational Burdens and Fetal Status: Justifying Roe v. Wade
Authors: Robertson John A. 
Published: February 2021

Roe v. Wade is a landmark case for women and for reproductive rights. By permitting abortion, Roe v. Wade gives women some control over the timing of pregnancy and childrearing, and has reinforced the movement of women into the labor force. Nevertheless, it is a hotly contested decision. The most fervent critics decry its substantive position on fetal status, likening it to Dred Scott and Nazi atrocities. Others classify it as an arbitrary infliction of judicial will unfit to be called law.Roe v. Wade, however, is not as radical a departure from the main currents of constitutional precedent as charged. Its premises about procreative choice stem from the Court's decisions in Griswold v. Connecticut and Eisenstadt v. Baird? Its evaluation of fetal status is not markedly different from common law positions. Nor has Roe v. Wade's recognition of procreative liberty greatly expanded the list of nonprocreative rights, as many persons had hoped or feared.
Justice Blackmun: A Survey of his Decisions in Psychiatry and Law
Authors: Stone Alan A. 
Published: February 2021

I propose to survey briefly 16 of the Supreme Court's “Law and Psychiatry” decisions in the decade and a half from 1972 through 1986. I shall emphasize Justice Harry Blackmun's role in these decisions, his votes and his opinions.Justice Blackmun's changing “social vision” on the court has been much discussed. It has even been examined quantitatively in a Harvard Law Review student note. This note measured his shift over time from voting with Burger and Rehnquist to voting with Brennan and Marshall. The lines of this graph cross in 1981, and 16 cases I have selected confirm this change. The 16 law and psychiatry cases are listed in Chart 1 below in chronological order. There were 8 cases before 1981 in which Justice Blackmun consistently voted with Burger and Rehnquist. There were 8 cases after 1981 in which Justice Blackmun consistently voted with Brennan and Marshall.
The Empirical Jurisprudence of the United States Supreme Court
Authors: Appelbaum Paul S. 
Published: February 2021

The age of empirical jurisprudence appears to be upon us. At both trial and appellate levels, empirical data are playing ever more prominent roles in civil and criminal adjudication. Expert witnesses were once confined to a narrow class of forensic scientists. Today psychologists, sociologists, statisticians, and other empirical researchers regularly testify in court. Lawyers aware of the value of using empirical argument hire expert witnesses to discuss and dispute vast bodies of data often generated precisely for the purpose of influencing legal decision-makers.Courts are continually being asked to settle broad issues of social policy, many of which turn on empirical analyses of the effects of actual and proposed statutes, regulations, and judicially-generated rules. As a result, the use of data-oriented arguments continues to grow. Scholars are looking for change in the traditional structures for regulating the introduction of data into evidence, and have proposed innovative procedures that recognize the potential contributions of empirical results.
Baby Doe, Congress and the States: Challenging the Federal Treatment Standard for Impaired Infants
Authors: Newman Stephen A. 
Published: February 2021

In its amendments to the Child Abuse Prevention and Treatment Act, Congress set forth a strict standard for treatment of impaired infants. The statute, shaped by right-to-life groups and certain medical organizations, calls for aggressive treatment in virtually all cases, regardless of the degree of suffering imposed and the burdens and risks involved. The federal rule evidences deep distrust of parental decisionmaking, relegating most parents to a nonparticipatory bystander role.Congress did not make its rule binding on the states. Rather, it conditioned the receipt of federal funds upon incorporation of the rule into each state's law. Most states have accepted the condition, largely through rulemaking by state child abuse agencies.This article challenges the authority of state administrators to promulgate these rules, and argues that state constitutions, little mentioned in the Baby Doe debate thus far, may prohibit many states from adopting the federal standard. Ordering medical interventions that perpetuate extreme conditions of physical and mental devastation, subjecting infants to grave suffering for uncertain benefits, and depriving parents of virtually all decisionmaking power violates the norm of governments constitutionally committed to individual liberty, human dignity and family autonomy. A constitutionally sound approach to this issue would permit careful, ethical deliberation, attention to the individual circumstances of each infant Doe and a reasonable degree of parental control.
Nurse Practitioner Challenges to the Orthodox Structure of Health Care Delivery: Regulation and Restraints on Trade
Authors: Kelly Karla 
Published: February 2021

AbstractUntil recently, physicians have been the primary health care providers in the United States. In response to the rising health care costs and public demand of the past decade, allied health care providers have challenged this orthodox structure of health care delivery. Among these allied health care providers are nurse practitioners, who have attempted to expand traditional roles of the registered nurse.This article focuses on the legal issues raised by several major obstacles to the expansion of nurse practitioner services: licensing restrictions, third party reimbursement policies, and denial of access to medical facilities and physician back-up services. The successful judicial challenges to discriminatory practices against other allied health care providers will be explored as a solution to the nurse practitioners’ dilemma.
Jefferson v. Griffin Spalding County Hospital Authority:Court-Ordered Surgery to Protect the Life of an Unborn Child
Authors: Finamore Eric P. 
Published: February 2021

AbstractInJefferson v. Griffin Spalding County Hospital Authority, the Supreme Court of Georgia affirmed a lower court order requiring a pregnant woman to submit to a cesarian section and other medical procedures necessary to save her unborn child’s life. The court found that the state’s interest in protecting the viable fetus outweighed the pregnant mother’s right to religious practice, right to refuse medical treatment, and parental autonomy.Jeffersonappears to stand for the proposition that fetuses have rights that attach at viability and that mothers have a corresponding duty to ensure live births. The decision foreshadows substantial conflict between fetal and maternal rights.
Freestanding Emergency Centers: Regulation and Reimbursement
Authors: Katzman Mitchell 
Published: February 2021

AbstractThe freestanding emergency center, which combines the functions of a doctor's office and a hospital emergency room, has emerged as a new provider of health care. These centers have generated considerable controversy over their role in the health care market. Proponents argue that freestanding emergency centers reduce costs by providing care in a more efficient manner and cause other health care providers such as hospital emergency rooms to reduce costs and improve service. Opponents argue that the centers create an additional layer of health care which duplicates existing services and increases total health care costs. This Note examines the controversial issues of licensure, regulation and reimbursement. The Note concludes that freestanding emergency centers can help to reduce health care costs and discusses the steps that should be taken to aid centers in achieving this goal.
Electronic Fetal Monitoring: Physician Liability and Informed Consent
Authors: Gilfix Myra Gerson 
Published: February 2021

AbstractElectronic fetal monitoring (EFM) has been criticized as ineffective, unsafe and costly. Despite existing controversy regarding the risks involved in using EFM, this monitoring procedure continues to be widely employed. In many jurisdictions, in fact, the use of EFM during labor may be considered the customary practice. This Article analyzes the medical and legal issues arising from a physician's use of or failure to use EFM. The Author argues that EFM subjects the mother and the fetus to risks which may be avoided if auscultation, a less intrusive monitoring technique, is employed. The ‘customary practice’ standard of care, the ordinary negligence standard of care, and the ‘best judgment’ and ‘duty to keep abreast’ standards of care are compared and applied to the physician's decision to use EFM. The Author contends that physicians who employ auscultation may not be liable for failing to use EFM; however, physicians who use EFM despite the evidence of its risks may be liable for failing to ‘keep abreast’ or to use their ‘best judgment’ or for negligence. Finally, the Author contends that both physicians and their patients are best protected when the physician elicits the mother's informed consent to employ a particular monitoring technique during labor.
The Future of Public Health Law
Authors: Gostin Lawrence O. 
Published: February 2021

AbstractDevelopments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decisionmaking criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This Article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria denning “public health necessity” to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and storage of public health information; (4) empower public health officials to select from a graded series of less restrictive alternatives in dealing with public health problems.
Conferring a Federal Property Right in Genetic Material: Stepping into the Future with the Genetic Privacy Act
Authors: Lin Michael M.J. 
Published: February 2021

“A wise man can hear profit in the wind.”—Pel, quoting the Ferengi Rules of AcquisitionThe expansive biotechnology field includes many facets of medical research, from drug discovery and design, to gene therapy and the diagnosis of genetic diseases, to the use of deoxyribonucleic acid (DNA) evidence to identify individuals and genetic characteristics. The biotechnology industry requires a readily available supply of biological raw materials; much of current research is founded on cells, tissues, organs, fetal tissues and placentas, and other samples derived from human donors. However, this growing need for raw materials presents many economic, social, and ethical issues to society, researchers, and the existing legal regime. Furthermore, because courts and legislatures fail to provide a clear national rule regarding biological materials, the resulting legal uncertainties chill research and investment. Although very few cases address property rights in a person’s organs, tissues, and genetic material, the issues of autonomy and privacy involved evoke analogies to deep-seated issues such as slavery, the freezing of embryos, and abortion.
An Analysis of Genetic Discrimination Legislation Proposed by the 105th Congress
Authors: Colby Jeremy A. 
Published: February 2021

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness … it was the spring of hope, it was the winter of despair … we were all going direct to Heaven, we were all going direct the other way.—Charles DickensThe Human Genome Project (HGP) provides information about the human genome that will forever alter society and the way we view ourselves. The genetic age offers great potential, including a future where gene and germ-cell therapy may virtually eliminate genetic disease. However, genetic information may also result in a world characterized by genetic discrimination and genetic determinism. Although genetic information will be used to develop revolutionary treatments, such as gene therapy and other molecular medicine, it will also bring genetic discrimination and heretofore unrealized invasions into the privacy of our genetic codes.
No Longer Disabled: The Legal Impact of the New Social Construction of HIV
Authors: Parmet Wendy E. , Jackson Daniel J. 
Published: February 2021

The second social construction of HIV disease has begun. In the first fifteen years of the HIV epidemic, many viewed the disease “as the modern plague.” Now, as the epidemic matures and new “miracle treatments" are heralded, the disease is beginning to conjure a very different set of images. Where once AIDS was dreaded as the inexplicable cataclysm of the end of the millennium, now, as the virus appears amenable to treatment, we are beginning to see the disease as something both preventable and controllable, no longer beyond human direction. And, where the disease was once synonymous with death, disability, and decline, we now witness stories of miracle recoveries and long-term survival. In the minds of many, the terminal disease has become the chronic disease; the dreaded plague has become but another social problem.In most respects, the new social construction of HIV, emerging from the advent of potentially effective medical interventions, is a positive development.
Narrowing Provider Choice: Any Willing Provider Laws After New York Blue Cross v. Travelers
Authors: McCarthy Dianne 
Published: February 2021

Two competing public policies, an individual’s right to choice of medical provider and the need to reduce health care costs, have collided as the federal government and the states implement health care reform. During his first year in office, President William J. Clinton focused on health care reform; however, Clinton was unsuccessful in implementing his “Health Security Act" and national debate dissolved into partisan bickering. With the failure to establish a coherent national policy on health care, the states and private and public health care entities are reshaping the market. Simultaneously, the courts and administrative agencies entertain public policy arguments favoring choice or cost reductions.Fee-for-service (FFS) medical care allows individuals to receive medical care from their provider of choice. Under the FFS model, individuals chose their health care provider, receive care, and the provider bills an indemnity insurance plan on the basis of service provided. The emergence of managed care organizations (MCOs) narrowed and, in some cases, eliminated this right to choose one’s health care provider.
Developing Issues Under the Massachusetts ‘Physician Profile’ Act
Authors: Donohue Jeffrey P. 
Published: February 2021

Massachusetts recently became the first state in the United States to publish physician malpractice histories and hospital disciplinary records. On August 9, 1996, Governor William F. Weld signed the Physician Profile Act (Profile Act or Act) into law, making “profiles” of the Commonwealth’s approximately twentyseven thousand doctors available to the public. Under the Act, the Massachusetts Board of Registration in Medicine (Board) provides information on physicians’ insurance plans, specialties, training, honors, and malpractice histories over a toll-free telephone number, through the Internet and on CD-ROM.The Act developed partially as a legislative response to a series of Boston Globe articles appearing in late 1994 which savaged the Board. Spotlighting a number of high-profile iatrogenic incidents, this highly charged series of articles, accompanied by a blistering editorial, alleged that some patients suffered substandard medical care at the hands of physicians who had been sued repeatedly for malpractice but never disciplined by the Board.
Iceland's Health Sector Database: A Significant Head Start in the Search for the Biological Grail or an Irreversible Error?
Authors: Jónatansson Hróbjartur 
Published: February 2021

AbstractIn December 1998, Iceland's Parliament, the Althing, passed the Act on a Health Sector Database (the Database Act or Act), a highly controversial law authorizing the development of a Health Sector Database (the Database) to collect genetic and medical information already contained in various locations around Iceland as part of Iceland's national health system. As a result of the Database Act, Iceland is the only country in the world with laws authorizing collection and storage of the genetic heritage of an entire population by a private biotechnology corporation with rights to exploit the data as a commercial commodity. Many databases now exist in Iceland as individual and segregated entities that contain detailed medical information about every Icelandic person, both living and dead, dating back to 1915 when the recording commenced.
Trav'lin’ Light: Early Retirees and the Availability of Post-Retirement Health Benefits
Authors: Russel Tamara E. 
Published: February 2021

George Eastman may not have been a father, but to the residents of Rochester, New York, the principal founder of Eastman Kodak was a doting uncle. In addition to donating millions of dollars to Rochester-area schools and hospitals, Eastman reportedly paid to remove the tonsils of every child in town. Even after his death in 1932, his company looked after of its employees and retirees. For example, Kodak refused to use its size to negotiate for cheaper medical care for its Rochester employees. If it had, most small businesses in the area would have likely faced higher insurance rates and the prospect of eliminating health benefits for their employees entirely. Only about seven percent of Rochester residents do not have health insurance today, compared with fifteen percent nationally.That may change, however. Faced with growing foreign competition and demands for higher returns, last summer Kodak threatened to desert its long-standing approach to buying insurance and encouraged its 44,000 retirees to join a health plan that excluded two high-priced hospitals.
The Role of Stare Decisis in the Reconsideration of Roe v. Wade
Authors: Blaustein Albert P. , Grant Edward R. , Lohr Ann-Louise , Todd Kevin J. 
Published: February 2021

Webster v. Reproductive Health Services represented the first occasion in which a state, defending a challenge to its abortion laws, called for the Supreme Court to reconsider Roe v. Wade. This opportunity presented a two-fold challenge to those engaged in seeking the reversal of Roe through the courts. First was to persuade the Court that Roe had been erroneously decided. Second was to overcome the defense of Roe premised upon stare decisis.Two briefs, representing separate groups of Members of Congress and Senators as amici, were filed on behalf of the appellants, each addressed to one of these challenges.
Judicial Standard of Review and Webster
Authors: Bopp James , Coleson Richard E. 
Published: February 2021

The necessary first step in the judicial review of any state statute is to determine the appropriate standard of review. Without resolution of this threshold issue, the court would be uncertain what constitutional analysis to employ, whether a low level of scrutiny, strict scrutiny or some intermediate standard.Thus, in Webster v. Reproductive Health Services, the Court should not merely assume, without confronting, the continued viability of Roe v. Wade. Failure to reexamine Roe would depart from precedents of the Court and lead to untoward results.In determining the standard of review to be applied to the Missouri statute at issue in Webster, the Court should be guided by the analysis of Bowers v. Hardwick, and find that there is no constitutional right to abortion. Thus, the standard of review to be employed in Webster is the rational basis test. Under this test, the Missouri statute should be upheld.
Evaluating physicians’ perspectives on the efficiency and effectiveness of the electronic prescribing system
Authors: Raeesi Ahmad , Abbasi Reza , Khajouei Reza 
Published: February 2021

Abstract

Background
The implementation of the electronic prescribing system follows certain objectives, and users’ perspectives can contribute to understanding the efficiency and effectiveness of this system. This study aimed to evaluate physicians’ perspectives on the efficiency and effectiveness of the electronic prescribing system.

Methods
This study was conducted on all physicians using the electronic prescribing system in clinics and hospitals affiliated with the treatment deputy of the Social Security Organization (SSO) in Sistan and Baluchistan Province in Iran. Data were collected using a self-administered questionnaire containing three sections: (i) Six items related to demographic data and clinical experience, (ii) Specific questions based on a five-point Likert scale-related physicians’ perspectives about efficiency (19 questions) and effectiveness (13 questions), and (iii) Open-ended questions about the positive and negative aspects of using the electronic prescribing system.

Results
The mean and standard deviation of the efficiency and effectiveness of the electronic prescribing system were 3.68 ± 0.67 and 3.84 ± 0.65, respectively. Patient safety had the highest mean score among all dimensions (4.0 ± 0.64). Most participants (n = 55, 79%) considered the efficiency and effectiveness of this system high. More than 90 percent of the physicians (n = 63) believed that the electronic prescribing system enables a better medication prescription by providing alerts and access to patients’ medication history.

Conclusion
The findings showed that most physicians believed that the electronic prescribing system of Iran's SSO has high efficiency and effectiveness. In particular, physicians believed that using this system improves patient safety and reduces costs.