bluuebunny/crossref_metadata_2025_split huggingface dataset:
Computer-Assisted Research into Cross-Disciplinary Subjects
Authors: Johnson Sandra H. 
Published: June 2007

Every lawyer and law teacher is familiar with the basic developments in computer-assisted legal research that have changed at least the method of legal research. Computer-assisted research has gone far beyond LEXIS and Westlaw (computerized collections of state and federal legislation and decisions, as well as other legal material) in areas that are of critical importance to effective research for the teacher of health law. The nature of health law research has special, although perhaps not unique, characteristics that are particularly benefited by computer assistance.Research in health law, especially policy-oriented research, rarely relies entirely on case law. Rather, its reach extends to interdisciplinary or cross-disciplinary research, comparative research, and the popular, as well as the scholarly, view. While health law teachers develop the ability to keep abreast of the rapid changes in case law and federal statutes and regulations, it is more difficult to keep pace with legislative developments on a state-bystate basis.
The Impact of Broadened Civil Commitment Laws on Length of Stay in a State Mental Hospital
Authors: Pierce Glenn L. , Fisher William H. , Durham Mary L. 
Published: June 2007

In the 1950s and 1960s considerable attention was focused on the deleterious effects of prolonged hospitalization for mental illness. Sociologists such as Goffman and clinicians such as Wing identified the psychosocial and clinical processes that led patients to become increasingly dependent on the routine of the hospital and progressively less able to live in the community. Along with this concern came growing criticism of the legal processes by which individuals were committed to and retained in state hospitals and of the procedural protections afforded them.Landmark court decisions such as Lessard v. Schmidt led to sweeping changes in commitment laws across the nation during the 1970s. California's Lanterman-Petris-Short Act served as a model for the laws of many states by narrowing the substantive grounds for commitment and imposing procedural safeguards on the commitment process.
An Essay on Commitment and the Emergency Room: Implications for the Delivery of Mental Health Services
Authors: Churgin Michael J. 
Published: June 2007

The civil commitment hearing, accompanied by the panoply of due process rights, is important. However, it is what happens when an individual first enters the mental health delivery system that is of fundamental significance. It is then that decisions on hospitalization, treatment, and disposition are made. The commitment hearing represents not the beginning of a process but, rather, the middle stage or the final chapter. This essay reports the results of an observational study of the functioning of nine emergency rooms or crisis units, with particular emphasis on implications for the civil commitment process.Every U.S. statute concerning commitment, as well as the English and Canadian statutes I have reviewed, reads as though the individual being considered for commitment is at liberty pending a hearing. Each jurisdiction also has a statute to take care of emergency situations.
3. Experimenting and the New Biology: “A Consummation Devoutly to Be Wished”
Authors: Scott Russell 
Published: June 2007

The rapid pace of medical innovation has raised the question: Can existing institutions, such as law reform commissions and other official bodies, and existing techniques, such as traditional legislation, deal effectively with the regulatory problems of today's world?The New Biology has exhibited the capacity to arouse storms of public debate and to paralyze politicians or impel them towards unwise legislation. Examples of new and problematic technologies are the treatment of grossly defective newborn babies, live organ transplantation, cloning, the diagnosis of brain death, and, perhaps most important of all, manipulation of genes. But if there is one procedure that typifies the extreme reactions roused by the New Biology, it is in vitro fertilization (IVF), the technique whereby human eggs are fertilized outside the human body.At the epicenter of the storm over IVF is the public debate concerning laboratory research and experiment on fertilized human eggs.
The Ethics of Embryo Research: Not as Easy as It Sounds
Authors: Annas George J. 
Published: June 2007

Mark Twain once said of Wagner's music, “It's not as bad as it sounds.” Likewise, it may be said of Peter Singer and Helga Kuhse's stroll through the issues involving embryo research: “It's not as easy as it sounds.”Today it seems clear that Aldous Huxley's version of a Brave New World is much closer to the mark than George Orwell's 1984. We will not have to be dragged into a technologically dominated future by a totalitarian government; we will go willingly, cheering almost any change as “better” and accepting science as always “improving” on nature. This childlike faith in science is at the heart of Prof. Singer and Dr. Kuhse's hymn to embryo research. They seem to believe that embryo research will not only lead to the prevention and cure of genetic disorders but also to a cure for cancer, and cultured tissues for transplantation. Even if one accepts this rosy view, the acquisition of important scientific knowledge is only a necessary, not a sufficient justification for experimentation.
1. Legal and Ethical Problems in Decisions for Death
Authors: Capron Alexander Morgan 
Published: June 2007

What has happened to death? Why is this subject—virtually taboo in social and even in medical conversations a few decades ago—now so much a matter of debate in public policy settings, especially the courts? Four factors are primarily responsible, in my view. The first two—changes in the locale of death and development of ever more sophisticated forms of life-support—are by now familiar. Of growing significance are two further factors: increased fear of liability and the polarization of decisions about life-support as those decisions get swept up (at least in the United States) in the ferocious battles between freedom-of-choice and right-to-life supporters.This paper attempts to analyze these four factors and, I hope, to uncover some of the confusion they have produced. I will then argue that despite consistent judicial endorsement of the right of competent adults to decide what medical care they wish to receive—even if they decide to forgo life-sustaining treatment, that is, to die—legal (like medical) attitudes are in fact ambivalent.
2. The Case for Active Voluntary Euthanasia
Authors: Kuhse Helga 
Published: June 2007

I want to begin by making the fundamental point that the question is not whether decisions to end human lives ought to be made but, rather, who makes these decisions, and on the basis of what principles or values. For the fact is that such decisions are already being made, and inevitably must be made, in modern hospitals.For almost any life-threatening condition, modern medical technology can now delay the moment of death. Death will often not occur until and unless the decision has been made to withhold or withdraw life-sustaining treatment. In other words, when and how a patient dies is increasingly the outcome of a deliberate human decision. Such decisions—not to resuscitate a terminally ill patient, not to continue to sustain the life of a permanently comatose patient. or to withhold antibiotics from the deaf and blind octogenarian—are all instances of the intentional termination of life and, if done for the patient's sake, are cases of passive euthanasia.
1. The Mental Health Act 1983 (England and Wales): Legal Safeguards in Limbo
Authors: Peay Jill 
Published: June 2007

Is it possible to have an effective legal safeguard within an inherently therapeutic context? This is the issue underlying a significant contrast in the way that similar provisions of the Mental Health Act 1983 (England and Wales) have been interpreted and applied in two different settings: in the purely legal setting of the High Court and by a judicial body in a hospital setting, namely, the Mental Health Review Tribunal.Before dealing explicitly with the legal framework adopted by the 1983 act, I will briefly set out the kinds of strategies the law can employ to regulate behavior. One technique used in some areas of the law is to draw up an exhaustive list of rules and principles in an attempt to determine the outcome of cases. In this respect the law is concerned to achieve substantive justice; little discretion is vested in decision- makers. Alternatively, the law may confer complete discretion on decision-makers, and insist merely that the rules of natural justice be complied with in the process of making decisions.
2. The Impact of the Canadian Charter of Rights and Freedoms upon Canadian Mental Health Law: The Dawn of a New Era or Business as Usual?
Authors: Gordon Robert M. , Verdun-Jones Simon N. 
Published: June 2007

Canadian mental health law has traditionally held many themes in common with the mental health law of other Commonwealth countries such as Britain, Australia, and New Zealand. Until recently, this body of law bore only a passing resemblance to the system of mental health law that has emerged in the United States.The existence of an entrenched Bill of Rights in the United States has meant that many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed the burgeoning of an exciting body of case law establishing a number of critical rights for a constituency that had hitherto been powerless and tragically neglected. While many of the rights established in the so-called landmark cases were subsequently limited in their scope or were just not affirmed by the appellate courts, the widespread use of constitutional challenges by mental health advocates wrought wholesale changes in both federal and state legislation and permanently altered the balance of power between mental health professionals and their patients.
Intravenous Drug Abusers and HIV Infections: A Consequence of Their Actions
Authors: Ginzburg Harold M. 
Published: June 2007

This paper presents the available epidemiological data on human immunodeficiency virus (HIV) infection and AIDS among intravenous (IV) drug abusers, reviews HIV disease among intravenous drug abusers, and focuses on initial research findings that indicate intravenous drug abusers not only are educable but may indeed be altering their lifestyles as a direct consequence of their fear of HIV infection.Although the initial clinical cases of AIDS were described in 1981, among gay men living in Los Angels, only a short time elapsed before IV drug abusers who shared their drug paraphernalia were identified as another risk group. A reasonable hypothesis, based on reports from the New York metropolitan area, is that there has been a relative increase in the percent of AIDS cases among IV drug abusers as compared to homosexuals. This may be explained by the transition group of sexually active homosexual men who also used intravenous drugs and thereby spread HIV from the gay community to IV drug abusers. In support of this hypothesis, the Centers for Disease Control (CDC) estimates that 8 percent of all reported AIDS cases from New York City have both risk factors.
Intrauterine Devices: Malpractice and Product Liability
Authors: Thornton Guerry R. 
Published: June 2007

The use of a mechanical device is an ancient and crude form of contraception. Desert dwellers in ancient Africa placed stones in the uteruses of their camels to prevent conception during long treks across the Sahara. The metal intrauterine devices (IUDs) used in the late 1800s caused severe pelvic infections that, in the absence of antibiotics, often proved fatal. The first stainless steel and polyethelene IUDs were developed around 1960, and these attained a relatively reliable degree of safety. New compositions and materials decreased the risk of infection, and innovative devices could be inserted without dilating the cervix.As mechanical means of contraception grew in popularity, pharmaceutical companies began to fight for a competitive edge, each touting the design or materials of its product as safer and niore efficient. By the mid-l970s, it is estimated, more than 15 million IUDs had been distributed throughout the world, many in developing nations.
Do-Not-Resuscitate Orders for the Incompetent Patient in the Absence of Family Consent
Authors: Brennan Troyen A. 
Published: June 2007

Advances in medical technology have a habit of raising new, and usually unexpected, ethical and legal questions. Such questions arise when patients or physicians, for a variety of reasons, defer cardiopulmonary resuscitation (CPR) or other treatment with so-called no-code or do-not-resuscitate (DNR) orders. When all parties to the DNR order, including physicians, patient, and family, agree that it is appropriate in a given case, there is rarely controversy. However, when one party dissents from a no-code status, most commentators agree, grave moral, social, and legal questions are raised.The most troublesome issues concerning DNR orders arise when physicians and family disagree about the appropriateness of such an order in the case of a mentally incompetent patient. These episodes not only raise complex legal issues but also go to the heart of, and challenge, modern medical ethics and the relationship of doctor to patient.
Tort Reform from Within
Authors: Gershonowitz Aaron 
Published: June 2007

Most legislative proposals to solve the so-called malpractice crisis have been viewed by lawyers as attacks on lawyers and the legal system. Consequently, little thought has been given to whether we can find support for these proposals within the tort system. What I would like to suggest is that some of these proposals, including the increasingly popular cap on recovery for pain and suffering, are supported by the way the tort system has begun to look at injuries with several causes.Initially, the legal system refused to recognize that the damages resulting from an injury could be apportioned among the various causes. Although we always recognized that every event has several causes, the law placed responsibility on “the proximate cause,” often the cause closest to the injury.One of the first steps toward division of damages among causes was the replacement of contributory negligence with comparative negligence. Contributory negligence provided that if defendant and plaintiff were both negligent causes of the injury, plaintiff collected nothing.
Getting to Market: The Scientific and Legal Climate for Developing an AIDS Vaccine
Authors: Mariner Wendy K. , Gallo Robert C. 
Published: June 2007

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease. Identification of the causal agent—the retrovirus called HTLV-IIII, LAV, or generically, HIV (human immunodeficiency virus)—has provided the direction and limited the options for containing the disease.Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure-to HIV will result in infection or disease, prudence dictates that all exposures be considered potentially infectious and, ultimately, disease-producing until more is known. Public education or, more specifically, behavior modification, intended to reduce or eliminate unsafe sexual contact and the sharing of syringes and needles by users of illicit intravenous (IV) drugs, is perhaps the only effective means of prevention that currently exists.
Withholding and Withdrawing Treatment: The Role of the Criminal Law
Authors: Glantz Leonard H. 
Published: June 2007

Doctors or hospitals facing the issue of withholding or withdrawing treatment from patients voice a number of concerns, some factually based and some less so. One important concern is the possibility that such behavior will lead to an indictment for murder. How realistic is this fear? This article will review the U.S. cases involving withholding or withdrawing treatment, as they pertain to the issue of criminal liability.The criminal law, in general, has not been used as a tool to regulate medical practice. While criminal actions against medical professionals are not unknown, few such actions arise dircctly from the practice of medicine. A physician charged with Medicaid fraud, sexually molesting patients, or prescribing drugs for non-therapeutic purposes has not been charged with a crime that involves scrutinizing the standard of care he or she uses in practicing medicine. For example, by definition, there is no medical standard for the non-therapeutic use of prescription drugs.
An Essay on Surrogacy and Feminist Thought
Authors: Mahoney Joan 
Published: June 2007

Surrogacy is not an easy issue for feminists. On one hand, it raises concerns about exploitation; one is faced with images of poor women being enlisted to produce babies for wealthy men and their wives, either because of fertility problems or because pregnancy is simply too inconvenient for those women who can afford to hire someone to do it for them. On the other hand, there is the specter of the state passing laws, once again, that tell women what they can and cannot do with their bodies. If we believe, as many of us do, that the state has no right to prohibit a woman from selling the sexual use of her body, doesn't the also have the right to sell the reproductive use? And if many of us, doctors, lawyers, law professors, have been willing to employ other women, less privileged women, to take care of our children after they are born, what is so different in moving the date back a bit and hiring them to carry our childrenbeforebirth as well?Assuming that surrogacy is not legally prohibited, does that mean that surrogacy contracts must be enforced? If we find something abhorrent in the idea of babies being taken from their mothers arms because, after all, a contract is a contract, we might argue that the contracts can be legal but unenforceable.
Surrogacy: A Preferred Treatment for Infertility?
Authors: Taub Nadine 
Published: June 2007

No matter what one's position, Baby M is a difficult case. Once a child of contract parenthood has come into being, sorting out the competing claims that changed intentions produce is inevitably a troubling process. Even when taken in the abstract, surrogacy arrangements raise disturbing questions: Can we expand the available options for forming families without risking sex, race, and class exploitation? Can we address the pain experienced by those unable to conceive and bear children without commodifying human life? Whatever our views of surrogacy, we cannot hope to resolve the dilemmas it poses without acknowledging and seeking to address the pain of infertility.Given what we know about infertility, is commercial surrogacy—however troublesome—an appropriate response? Even with only partial information before us, the answer would seem to be a fairly clear no. Surrogacy is at best an after-the-fact accommodation to the problem of infertility, available only to those with substantial financial resources.
Prevention and Torts: The Role of Litigation in Injury Control
Authors: Teret Stephen P. , Jacobs Michael 
Published: June 2007

Those who study, teach, and practice in the field of injury epidemiology and prevention often compare injuries to diseases; to do so enhances the understanding that injuries, like diseases, have etiologic agents that act within particular environments to affect predictable hosts. It is important to stress the scientific underpinnings of injury control, so that injuries will not continue to be seen as randomly occurring events that strike the unlucky, who have little or no preventive opportunity available to them. Those within the field argue that injury prevention, like disease prevention, when approached with the proper scientific method, holds the prospect of saving thousands of lives per year in the United States.The comparison of injuries to diseases, however, can distract attention from some crucial aspects of injury prevention. Infectious disease control is the story of man's battle with living organisms that often do their damage to hosts at the cellular or sub-cellular level. The pathways of those diseases can be difficult to discern, and some mysteries are yet to be solved. Injuries, on the other hand, do their initial damage on a more visible level. Their etiologic events are often apparent, and do not require epidemiologic or biochemical detective work for an understanding of the causes of injury.
Deterring Death in the Workplace: The Prosecutor's Perspective
Authors: Reiner Ira , Chatten-Brown Jan 
Published: June 2007

In 1970, when Congress was debating the Occupational Safety and Health Act, it was argued that:
The problem of assuring safe and healthful workplaces for our working men and women ranks in importance with any that engages the national attengion today …Congress cited some grim statistics necessitating vigorous action:
… 14,500 persons are killed annually as a result of industrial accidents … more than in the Vietnam war. By the lowest count, 2.2 million persons are disabled on the job each year, resulting in the loss of 2 15 million man days of work …The human tragedy associated with the loss of lives, adverse health impacts, and serious injuries were the focus of legislative hearings, but Congess also addressed the economic impact of industrial deaths and disability.
Over $1.5 billion is wasted in loss of wages, and the annual loss to the gross national product is estimated to be over $8 billion.
Injury, Community and the Republic
Authors: Beauchamp Dan E. 
Published: June 2007

Injury and its prevention, like other areas of public health regulation, pose a number of interesting challenges to the theory of democratic self government. To understand these challenges, a good starting point is the Great Society era, when in a brief ten year period, major new agencies were created to promote safety in the workplace, the marketplace, and on our nation's highways—agencies like the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA).The theory of injury that lay behind the new agencies was in sharp contrast to injury policy as pursued up to that time. The new public health and safety agencies were based on the idea that injury must be approached as an environment, not an individual, problem. The most articulate advocate of this view was William Haddon, Jr., the physician and injury researcher who became President Johnson's first head of NHTSA. Haddon argued for well over a decade for abandoning the view of injury as “accidents,” unpredictable and inevitable “acts of God.”