Health Law and Bioethics

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Physicians and Safe Harbor Legal Immunity, Annals of Health Law -- forthcoming (2011)

Professor Sandra Johnson has identified what she calls physician’s “bad law” claims. In some circumstances,...

 
Introduction: Caring for the Seriously Ill, Cost and Public Policy (with Robert M. Arnold and Amber E. Barnato), The Journal of Law, Medicine & Ethics (2011)
 
The Best Interest Standard: Both Guide and Limit to Medical Decision Making on Behalf of Incapacitated Patients, The Journal of Clinical Ethics (2011)

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has...

 

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Resolving Medical Futility Disputes (with Donna Casey), DNA Reporter (2011)
 

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Comparing the FHCDA to Surrogate Decision Making Laws in Other States, Health Law Journal (2011)

This is my invited contribution to a special symposium issue of the New York State...

 
Legal Briefing: Healthcare Ethics Committees, The Journal of Clinical Ethics (2011)

This article covers recent legal developments involving institutional healthcare ethics committees. This topic has been...

 

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Conscientious Objection by Health Care Providers, Lahey Clinic Medical Ethics Journal (2011)

Conscience clauses are state and federal statutes and regulations that protect the rights of health...

 

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Health Law and the Elderly: Managing Risk at the End of Life: An Introduction to the Symposium, Widener Law Review (2011)

Americans are engaged in an earnest and profound debate about how to best manage legal...

 
The Law's Impact on the Resolution of End-Of-Life Conflicts in the Intensive Care Unit, Critical Care Medicine (2011)
 

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Voluntarily Stopping Eating and Drinking: A Legal Treatment Option at the End of Life (with Lindsey E. Anderson), Widener Law Review (2011)

Despite the growing sophistication of palliative medicine, many individuals continue to suffer at the end...

 

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MOLST: A Cure for the Common Advance Directive (with Moonyeen Klopfenstein), DNA Reporter (2010)
 
Legal Briefing: Organ Donation, Journal of Clinical Ethics (2010)

This issue’s “Legal Briefing” column covers legal developments pertaining to organ donation and allocation. This...

 
Legal Briefing: Conscience Clauses and Conscientious Refusal, The Journal of Clinical Ethics (2010)

This issue’s “Legal Briefing” column covers legal developments pertaining to conscience clauses and conscientious refusal....

 

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The Topography and Geography of U.S. Health Care Regulation, The Journal of Law, Medicine & Ethics (2010)

This is a book review of Health Care Regulation in America: Complexity, Confrontation, and Compromise...

 
Legal Briefing: Informed Consent, The Journal of Clinical Ethics (2010)

This issue’s “Legal Briefing” column covers legal developments pertaining to informed consent. Not only has...

 
Legal Update, The Journal of Clinical Ethics (2010)
 
The Case of Samuel Golubchuk: The Dangers of Judicial Deference and Medical Self-Regulation, American Journal of Bioethics (2010)
 

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Bioethics Backlash: Implications of the Retreat from Autonomy for the Communication of Scientific Health Information (2010)

The doctrine of informed consent requires that the medical community communicate scientific health information to...

 
Legal Briefing: Crisis Standards of Care and Legal Protections during Disasters and Emergencies (with Mitchell F. Palazzo), The Journal of Clinical Ethics (2010)

This article outlines current safe harbors in the law for healthcare practitioners who work in...

 

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Resolving Conflicts with Surrogate Decision Makers, Chest (2010)
 
Restricting CPR to Patients Who Provide Informed Consent Will Not Permit Physicians to Unilaterally Refuse Requested CPR, The American Journal of Bioethics (2010)
 

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Reuniting Human Rights and Bioethics to Address End-of-Life Medical Futility Disputes (2010)

The fields of bioethics and human rights should be reunited and harmonized. Each can benefit...

 

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Surrogate Selection: An Increasingly Viable, but Limited, Solution to Intractable Futility Disputes, Saint Louis University Journal of Health Law & Policy (2010)
 
Tort Liability and the IRB, Accountability in Research -- Forthcoming (2010)
 

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A Conversation About End-of-Life Decisionmaking (with Alicia Ouellette, Timothy Quill, Robert Swidler, and Nancy Dubler), NYSBA Health Law Journal (2009)
 

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Unilateral Refusal of Treatment and Patient Abandonment: Betancourt v. Trinitas Hospital, Brief of Amicus Curiae, Law Professor Thaddeus Mason Pope (2009)

Betancourt v. Tinitas Hospital is now pending before the Appellate Division of the New Jersey...

 

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2008-2009 National Health Law Moot Court Competition, Journal of Legal Medicine (2009)

The problem involves a private hospital’s use of a hypothetical state statute that establishes an...

 

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Controversies Abound in End-of-Life Decisions, American Journal of Critical Care (2009)
 
Foreword, Peaceful Transitions: An Ironclad Strategy to Die How and When YOU Want (2009)
 
Legal Briefing: Advance Care Planning, The Journal of Clinical Ethics (2009)

The “Legal Briefing” column in this issue of The Journal of Clinical Ethics covers legal...

 
Legal Briefing: Medical Futility and Assisted Suicide, The Journal of Clinical Ethics (2009)

This column is the successor of the Legal Trends column published in this journal since...

 
Legal Update, The Journal of Clinical Ethics (2009)
 
Legal Update, The Journal of Clinical Ethics (2009)
 
Medical Futility Statutes: Can They Be Resuscitated?, The Many Ways We Talk about Death in Contemporary Society: Interdisciplinary Studies in Portrayal and Classification (2009)
 

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Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Campbell Law Review (2009)

2.6 million Americans die each year. A majority of these deaths occur in a healthcare...

 

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Futility: The Limits of Mediation (with Ellen A. Waldman), Chest (2008)
 

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Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, Marquette Elder's Advisor (2008)

Over the past twenty-five years, a significant number of surrogate decision makers have demanded that...

 
Multi-Institutional Hospital Ethics Committees: For Rural Hospitals, and Urban Ones Too, American Journal of Bioethics (2008)
 

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EMTALA: Its Application to Newborn Infants, ABA Health eSource (2008)

The application of the Emergency Medical Treatment and Labor Act (EMTALA) to extremely premature newborn...

 

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DNAR as Default Status: Desirable in Principle, Difficult in Practice, American Journal of Critical Care (2008)
 
The Language of Living Wills, Canadian Medical Association Journal (2008)
 
Medical Futility, Mid-Atlantic Ethics Committee Newsletter (2007)
 

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Mediation at the End of Life: Getting Beyond the Limits of the Talking Cure (with Ellen A. Waldman), Ohio State Journal on Dispute Resolution (2007)

Mediation has been touted as the magic band-aid to solve end-of-life conflicts. When families and...

 

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Medical Futility Statutes: No Safe Harbor to Unilaterally Refuse Life-Sustaining Treatment, Tennessee Law Review (2007)

Over the past fifteen years, a majority of states have enacted medical futility statutes that...

 
Law Probably Won’t Provide Safe Harbor to Hospitals, Patriot News (Harrisburg, PA) (2006)
 

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The Maladaptation of Miranda to Advance Directives: A Critique of the Implementation of the Patient Self Determination Act, Health Matrix (1999)

In this Article, Thaddeus Pope argues that the Patient Self Determination Act (PSDA) is a...

 

Public Health Law

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The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention, Prevention vs. Treatment: Philosophical, Empirical and Cultural Reflections (2011)

United States law has long emphasized treatment over prevention. Only over the past decade have...

 

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The Topography and Geography of U.S. Health Care Regulation, The Journal of Law, Medicine & Ethics (2010)

This is a book review of Health Care Regulation in America: Complexity, Confrontation, and Compromise...

 
Editorial, U.S. Can Learn From China’s Reform Efforts, News Journal (Wilmington, DE) (2010)
 

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Bioethics Backlash: Implications of the Retreat from Autonomy for the Communication of Scientific Health Information (2010)

The doctrine of informed consent requires that the medical community communicate scientific health information to...

 

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Reuniting Human Rights and Bioethics to Address End-of-Life Medical Futility Disputes (2010)

The fields of bioethics and human rights should be reunited and harmonized. Each can benefit...

 

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Is Public Health Paternalism Really Never Justified? A Response to Joel Feinberg, Oklahoma City University Law Review (2005)

In the preeminent scholarly legal treatise on paternalism, The Moral Limits of the Criminal Law:...

 
Bartender Wrong to Refuse Service, Las Vegas Sun (2000)
 

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Balancing Public Health Against Individual Liberty: The Ethics of Smoking Regulations, University of Pittsburgh Law Review (2000)

Ten years ago, philosopher Robert E. Goodin published "No Smoking: The Ethical Issues." Goodin argued...

 
It’s Not About Smokers’ Choices, Washington Post (1999)
 

Torts

Tort Liability and the IRB, Accountability in Research -- Forthcoming (2010)
 

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Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, Marquette Elder's Advisor (2008)

Over the past twenty-five years, a significant number of surrogate decision makers have demanded that...

 
Legal Issues (The Right to Privacy and Lawsuits) (with Paul F. Rothstein), Airline Passenger Security: New Technologies and Implementation (1996)
 

Jurisprudence

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Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism, UMKC Law Review (2005)

Restricting a person's substantially voluntary, self-regarding conduct primarily for the sake of that person is...

 

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Counting the Dragon’s Teeth and Claws: The Definition of Hard Paternalism, Georgia State University Law Review (2004)

In his classic 1897 essay, The Path of the Law, Oliver Wendell Holmes Jr. warned...

 
Social Contract Theory, Slavery, and the Antebellum Courts (with Anita L. Allen), A Companion to African American Philosophy (2003)
 
Nevada Court Abandoned Its Duty in Death Case: Allowing Execution Runs Counter to An International Treaty We Signed, Las Vegas Review Journal (1998)