38 results match your criteria California Law Review[Journal]

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Redressing wounds: finding a legal framework to remedy racial disparities in medical care.

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Calif Law Rev 2002 Dec;90(6):2047-100

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December 2002
3 Reads

A population at risk: civil commitment of substance abusers after Kansas v. Hendricks.

Calif Law Rev 2002 Jan;90(1):111-63

School of Law, University of California, Berkeley, CA, USA.

In its 1997 decision, Kansas v. Hendricks, the U.S. Read More

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January 2002
2 Reads

Private nurses and playboy bunnies: explaining permissible sex discrimination.

Calif Law Rev 2004 Jan;92(1):147-213

Northwestern University School of Law, USA.

Discrimination on the basis of sex in employment is illegal--usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customer, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation for their customers, courts sometimes do allow employers to discriminate. Courts say that they allow sex discrimination in employment when it is necessary to preserve the "essence of the business. Read More

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January 2004
1 Read

The invention of health law.

Authors:
M Gregg Bloche

Calif Law Rev 2003 Mar;91(2):247-322

By default, the courts are inventing health law. The law governing the American health system arises from an unruly mix of statutes, regulations, and judge-crafted doctrines conceived, in the main, without medical care in mind. Courts are ill-equipped to put order to this chaos, and until recently they have been disinclined to try. Read More

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Redressing wounds: finding a legal framework to remedy racial disparities in medical care.

Authors:
Michael S Shin

Calif Law Rev 2002 Dec;90(6):2049-100

In recent years, numerous medical studies and reports have documented startling disparities between the health status of African Americans and White Americans. The literature is replete with evidence that one of the main causes of these racial disparities is the different treatment of patients of different racial groups. This Comment addresses the possibility that implicit cognitive bias, in the form of implicit attitudes and stereotypes, significantly contributes to these racial disparities in medical treatment. Read More

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December 2002
2 Reads

Why courts cannot deny ADA protection to plaintiffs who do not use available mitigating measures for their impairments.

Authors:
Sarah Shaw

Calif Law Rev 2002 Dec;90(6):1981-2046

Congress intended the Americans with Disabilities Act ("ADA") to provide strong standards for addressing and eliminating discrimination against individuals with disabilities. Many commentators have concluded, however, that the federal courts are undermining the goals of the ADA by too narrowly construing membership in the statute's protected class. One example of this trend is courts' hostile treatment of ADA plaintiffs who do not use medications or devices that might alleviate their impairments ("nonmitigating plaintiffs"). Read More

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December 2002
3 Reads

Who should pay for bad genes?

Authors:
Eric Rakowski

Calif Law Rev 2002 Oct;90(5):1345-414

School of Law, University of California, Berkeley (Boalt Hall), USA.

Parents have long been able to influence the genetic composition of their children through their choice of a reproductive partner, if only very approximately. They are, however, increasingly able to determine the genetic make-up of their children in other, more precise ways, such as by selecting a particular gamete or embryo or by genetically modifying an embryo prior to artificial implantation. This Article discusses parents' obligations to their children and other members of the community stemming from their children's genes. Read More

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October 2002
2 Reads

Good cop, bad cop: federal prosecution of state-legalized medical marijuana use after United States v. Lopez.

Authors:
A E Newbern

Calif Law Rev 2000 Oct;88(5):1575-634

University of California, Berkeley, USA.

The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. Read More

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October 2000

Domestic AIDS vaccine trials: addressing the potential for social harm to the subjects of human experiments.

Authors:
P A Leider

Calif Law Rev 2000 ;88:1185-232

In 1998, the FDA approved the first large-scale human trials of a candidate AIDS vaccine in our nation's history. While the legal issues raised by these trials are manifold, the academic literature has focused almost exclusively on the potential for mass tort liability and the resulting hesitancy of biotech and pharmaceutical firms to enter the field. This Comment argues that another issue of vital concern demands attention: the potential for social harm to the human subjects of AIDS vaccine trials. Read More

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October 2000
2 Reads

Are insurance companies liable under the Americans with Disabilities Act?

Authors:
J S Manning

Calif Law Rev 2000 Mar;88(2):607-51

Federal courts have split on the question of the applicability of the Americans with Disabilities Act to insurance coverage decisions that insurance companies make on the basis of disability; they have similarly split on other issues pertaining to the scope of that Act's application. In deciding whether to read the Act as prohibiting discrimination in insurance decisions that are often crucial in the lives of people with disabilities, courts have faced two problems. First, where it prohibits discrimination in the equal enjoyment of the goods and services of places of public accommodation, the Act's area of concern may be limited to the ability of people with disabilities to gain physical access to facilities; or that area may extend to all forms of disability-based discrimination in the provision of goods and services. Read More

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Allocating health care morally.

Authors:
Einer Elhauge

Calif Law Rev 1994 Dec;82(6):1449-544

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December 1994
1 Read

Letting patients die: legal and moral reflections.

Authors:
Sanford H Kadish

Calif Law Rev 1992 Jul;80(4):857-88

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July 1992
3 Reads

The due process of dying.

Authors:
Michael R Flick

Calif Law Rev 1991 Jul;79(4):1161-7

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July 1991
1 Read

Can a pregnant woman morally refuse fetal surgery?

Calif Law Rev 1991 Mar;79(2):499-540

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March 1991
5 Reads

The administration of psychotropic drugs to prisoners: state of the law and beyond.

Authors:
Jami Floyd

Calif Law Rev 1990 Oct;78(5):1243-85

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October 1990

Rights discourse and neonatal euthanasia.

Authors:
Carl E Schneider

Calif Law Rev 1988 Jan;76(1):151-76

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January 1988
1 Read

Cost containment and the standard of medical care.

Authors:
E Haavi Morreim

Calif Law Rev 1987 Oct;75(5):1719-63

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October 1987
2 Reads

The judge in the delivery room: the emergence of court-ordered cesareans.

Authors:
Nancy K Rhoden

Calif Law Rev 1986 Dec;74(6):1951-2030

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December 1986
2 Reads

Turpin v. Sortini: recognizing the unsupportable cause of action for wrongful life.

Authors:
Kurtis J Kearl

Calif Law Rev 1983 Jul;71(4):1278-97

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Sexual relations between psychotherapists and their patients: toward research or restraint.

Authors:
Leonard L Riskin

Calif Law Rev 1979 Jul;67(4):1000-27

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July 1979
1 Read

Contracts to bear a child.

Calif Law Rev 1978 May;66(3):611-22

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Informed consent to immunization: the risks and benefits of individual autonomy.

Authors:
Andrea P Woolley

Calif Law Rev 1977 Dec;65(6):1286-314

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December 1977

Abortion and the Constitution: the need for a life-protective amendment.

Authors:
Robert A Destro

Calif Law Rev 1975 Sep;63(5):1250-351

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September 1975
1 Read

Institutionalizing the rights of mental patients: committing the legislature.

Authors:
Grant H Morris

Calif Law Rev 1974 May;62(3):957-1024

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May 1974
2 Reads

Sterilization of the retarded: a problem or a solution?

Calif Law Rev 1974 May;62(3):917-35

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May 1974
2 Reads

Volunteering children: parental commitment of minors to mental institutions.

Authors:
James W Ellis

Calif Law Rev 1974 May;62(3):840-916

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Sex-based discrimination in the mental institutionalization of women.

Calif Law Rev 1974 May;62(3):789-815

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Mental health law and the movement toward voluntary treatment.

Authors:
David B Wexler

Calif Law Rev 1974 May;62(3):671-92

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The patient or his victim: the therapist's dilemma.

Calif Law Rev 1974 May;62(3):1025-68

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May 1974
2 Reads

Token and taboo: behavior modification, token economies, and the law.

Authors:
David B Wexler

Calif Law Rev 1973 Jan;61(1):81-109

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January 1973
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