HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Wednesday, May 17, 2006

Blog Roundup

What's cooking on other blogs of note:

New lethal injection challenge

A Tennessee death row inmate, Sedley Alley, on Tuesday asked the Supreme Court to block his scheduled execution for 1 a.m. Wednesday, as he raised a challenge to the chemical protocol used in Tennessee for executions.  The case of Alley v. Little (05-10959) [link] thus becomes the second of two cases from Tennessee on that issue. The other case, Abdur'Rahman v. Bredesen (05-1036) [link] is scheduled for consideration by the Court at its private Conference on Thursday, according to the Court's electronic docket. The two cases illustrate anew the increasingly complex puzzle the Court faces amid the increasing number of challenges to lethal injection execution methods, and a rising number of cases over the procedural issue of how inmates may pursue such challenges.

These cases are undoubtedly of greater interest to the criminal defense bar than the health care bar, but I can't help but believe that their resolution will involve much medical testimony based upon medical scholarship, and if the Court eventually holds that lethal injections as currently practiced violate the 8th Amendment, doctors will become much more involved in the design and possibly the implementation of whatever system is adopted by the states, no matter what the AMA says.

  • From the AJOB blog, news of a conference on vaccine distribution and pediatric ethics:

The brand new Treuman Katz Center for Pediatric Bioethics, soon to be directed by Benjamin Wilfond, who is certain to rise to that occasion and create an entirely new kind of research and service institution, is holding a great conference on vaccines and kids, with a broad focus on all of the questions related to the ethics of the use and distribution and scarcity and side effects of vaccines. This is the program and the cost isn't awful, though good luck with cheap airfare to Seattle in July.

  • Another post from the AJOB blog originally misreported the gist of an editorial from the NY Post, which we can read for ourselves: NY is decades behind the rest of the country in providing legal authorization for family members to make end-of-life decisions for incompetent patients (as has been noted here before), and now the liberals (pro-choice and gay rights groups) are lining up to torpedo the bill:

ALBANY - In a classic case of Albany gridlock, lawmakers fixated on abortion and gay rights are blocking a bill that would rescue thousands of elderly and disabled New Yorkers from legal limbo. Legislation first proposed 13 years ago would give family members and close friends the right to make medical decisions for patients who are too sick to speak for themselves. Today, in many cases, family members have no such control, leaving the fate of their loved ones in the hands of strangers with medical degrees. Fixing this glitch should be a no-brainer. Forty-eight other states managed to do it with little fuss.

But Albany is where no-brainers go to die, because lawmakers here are all too willing to put their narrow agendas ahead of the greater good. In this case, a measure that's vitally important to patients and families across the state is being held hostage by pro-choice and gay rights purists in the Assembly.

The bill says nothing about abortion or gay relationships. But it includes a line saying family members of an incapacitated pregnant woman should, in thinking about her best interests, "consider the impact of treatment decisions on the fetus." And - unpardonable sin No. 2 - it fails to specify that same-sex partners should have the same rights as husbands and wives.


May 17, 2006 | Permalink | Comments (0) | TrackBack (0)

Sunday, May 14, 2006

Law Review Update

A bunch of new articles (including one by our own Betsy Malloy), courtesy of the Marian Gould Gallagher Library at the University of Washington law school, which provided the links to Lexis [L] and WestLaw [W]:

Calabresi, Steven G. The Terri Schiavo case: in defense of the special law enacted by Congress and President Bush. 100 Nw. U. L. Rev. 151-170 (2006). [L][W]

Cleary, Melinda. Mothering under the microscope: gender bias in law and medicine and the problem of Munchausen Syndrome by Proxy. 7 T.M. Cooley J. Prac. & Clinical L. 183-250 (2005). [L][W]

Doherty, Joan M. Comment. Form over substance: the inadequacy of informed consent and ethical review for Thai injection drug users enrolled in HIV vaccine trials. 15 Pac. Rim L. & Pol'y J. 101-135 (2006). [L][W]

Fisher, Lauren E. Comment. The use of tandem mass spectrometry in newborn screening: Australia's experience and its implications for United States policy. 15 Pac. Rim L. & Pol'y J. 137-167 (2006). [L][W]

Heller, Erin. Comment. The fated Legal Birth Definition Act: fought for the sake of fighting. 83 U. Det. Mercy L. Rev. 115-135 (2006). [L][W]

Hull, Helia Garrido. Induced autism: the legal and ethical implications of inoculating vaccine manufacturers from liability. 34 Cap. U. L. Rev. 1-50 (2005). [L][W]

Lugosi, Charles I. When abortion was a crime: a historical perspective. 83 U. Det. Mercy L. Rev. 51-69 (2006). [L][W]

Maio, Monica. Statute note. Labor pains: the undue burden of forcing a woman to carry a non-viable fetus to term. 7 J.L. & Fam. Stud. 459-474 (2005). [L][W]

Shapo, Helene S. Assisted reproduction and the law: disharmony on a divisive social issue. 100 Nw. U. L. Rev. 465-479 (2006). [L][W]

Shrake, Patrick A. Comment. Griswold at 40: the state's compelling interest in banning contraceptives. 2 U. St. Thomas L.J. 475-507 (2005). [L][W]

Weber, Sarah A. Comment. Dismantling the dictated moral code: modifying Louisiana's in vitro fertilization statutes to protect patients' procreative liberty. 51 Loy. L. Rev. 549-601 (2005). [L][W]

Symposium: Can the Seamless Garment Be Sewn? The Future of Pro-Life Progressivism. Foreword by Thomas C. Berg; keynote address by Rev. Jim Wallis; articles by John L. Carr, Sidney Callahan, Susan Frelich Appleton, Kevin E. Schmieing, Helen M. Alvare, John P. O'Callaghan, Kevin Doyle, Mark A. Sargent and Ted G. Jelen; closing address by James L. Oberstar. 2 U. St. Thomas L.J. 235-424 (2005). [L][W]

Fabros, Stacey L. Statute note. A cry for health: state and federal measures in the battle against childhood obesity. 7 J.L. & Fam. Stud. 447-457 (2005). [L][W]

Fronapfel, Rhianna M. Comment. AIDS prevention and the right to health under international law: Burma as the hard case. 15 Pac. Rim L. & Pol'y J. 169-198 (2006). [L][W]

Kolitch, Shawn. Comment. The environmental and public health impacts of U.S. patent law: making the case for incorporating a precautionary principle. 36 Envtl. L. 221-256 (2006). [L][W]

Annapolen, Cori S. Student article. Maternal smoking during pregnancy: legal responses to the public health crisis. 12 Va. J. Soc. Pol'y & L. 744-778 (2005). [L][W]

Aparisi Miralles, Angela. The globalization of bioethics: the task of international commissions. 37 Geo. J. Int'l L. 141-151 (2005). [L][W]

Bartels, Jennifer. Note. The application of antitrust and fraud-and-abuse law to specialty hospitals. 2006 Colum. Bus. L. Rev. 215-242. [L][W]

Chandis, Vanessa. Comment. Addressing a dire situation: a multi-faceted approach to the kidney shortage. 27 U. Pa. J. Int'l Econ. L. 205-272 (2006). [L][W]

Deb, Gitanjali. Endocrine disruptors: a case study on atrazine. 24 Temp. J. Sci. Tech. & Envtl. L. 397-418 (2005). [L][W]

Ikemoto, Lisa C. In the shadow of race: Women of Color in health disparities policy. 39 U.C. Davis L. Rev. 1023-1059 (2006). [L][W]

Ko, Grace. Note. Partial preemption under the Health Insurance Portability and Accountability Act. 79 S. Cal. L. Rev. 497-535 (2006). [L][W]

Little, J. Alex. Note. The ANGEL Act: a proposal to encourage organ donation after death. 3 Geo. J.L. & Pub. Pol'y 685-709 (2005). [L][W]

Lund, Jamie. Comment. ERISA enforcement of the HIPAA privacy rules. 72 U. Chi. L. Rev. 1413-1443 (2005). [L][W]

Markmann, Alicia M. Comment. Organ donation--increasing donations while honoring our longstanding values. 24 Temp. J. Sci. Tech. & Envtl. L. 499-518 (2005). [L][W]

Therapeutic Approaches to Conflict Resolution in Health Care Settings. Foreword by Charity Scott; articles by Coby J. Anderson, Linda L. D'Antonio, Ansley Boyd Barton, Debra Gerardi, R.N., Dale C. Hetzler, Marc R. Lebed, M.D., John J. McCauley, Virginia L. Morrison, Linda Morton, Ellwood F. Oakley, III, Jennifer K. Robbennolt and Edwart A. Dauer. 21 Ga. St. U. L. Rev. 797-1054 (2005). [L][W]

Ballantyne, MaryJoy. Note. One man's trash is another man's treasure: increasing patient autonomy through a limited self-intellectual property right. 3 Geo. J.L. & Pub. Pol'y 567-599 (2005). [L][W]

Barnes, J. Kelly. Comment. Telemedicine: a conflict of laws problem waiting to happen--how will interstate and international claims be decided? 28 Hous. J. Int'l L. 491-529 (2006). [L][W]

King, Joseph H. The standard of care for residents and other medical school graduates in training. 55 Am. U. L. Rev. 683-751 (2006). [L][W]

Krier, Cameron. Comment. One step forward, two steps back: the impact of Aetna Health Inc. v. Davila on ERISA and patients' rights. (Aetna Health Inc. v. Davila, 124 S. Ct. 2488, 2004.) 38 Tex. Tech L. Rev. 127-158 (2005). [L][W]

Cohen, Beverly. The controversy over hospital charges to the uninsured--no villains, no heroes. 51 Vill. L. Rev. 95-148 (2006). [L][W]

Malloy, S. Elizabeth Wilborn. Physician restrictive covenants: the neglect of incumbent patient interests. 41 Wake Forest L. Rev. 189-236 (2006). [L][W]

Wiggins, Kenneth R. Note. Medicaid and the enforceable right to receive medical assistance: the need for a definition of "medical assistance". 47 Wm. & Mary L. Rev. 1487-1512 (2006). [L][W]

2004 John Marshall International Moot Court Competition in Information Technology and Privacy Law. Bench Memorandum by Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis, Brief for Petitioner by Ryan Dry, Angela Hamilton, Jason Newman; and Brief for the Respondent by Ashley S. Kamphaus, Michelle M. Prince and Jon Paul Carroll. 23 J. Marshall J. Computer & Info. L. 563-658 (2005). [L][W]

Allen, Michael P. Congress and Terri Schiavo: a primer on the American constitutional order? 108 W. Va. L. Rev. 309-360 (2005). [L][W]

Edwards, Amanda. Recent development. Medical malpractice non-economic damages caps. 43 Harv. J. on Legis. 213-230 (2006). [L][W]

[Assisted Reproductive Technologies.] Articles by Judith F. Daar, Mary Crossley, Marcia C. Inborn and Elizabeth S. Ginsburg, M.D. 9 J. Gender Race & Just. 241-334 (2005). [L][W]

I'll try to keep closer watch on these articles, and list them more frequently, in the future.  [tm]

May 14, 2006 | Permalink | Comments (0) | TrackBack (0)