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Are Prisoners Medical Captives?
The medical treatment of captive patients is a litmus test for a good society. See Bursztajn HJ, Brodsky A: Captive Patients, Captive Doctors: Clinical Dilemmas and Interventions in Caring for Patients in Managed Health Care. Gen. Hospital Psychiatry 1999; 21:239-248; and Bursztajn HJ, Brodsky A: Clear, Convincing, and Authentic Advance Directives in the Context Of Managed Care? J. Clin Ethics 1994; 5:364-366. If those such as prison inmates, the poor, or patients in restrictive managed care plans who have little choice as to their treating clinician are nonetheless able to rely on their physicians for ethical treatment, then those who do have a choice can do so all the more. Bursztajn HJ, Feinbloom RI, Hamm RM, Brodsky A: Medical Choices, Medical Chances: How Patients, Families, and Physicians Can Cope with Uncertainty. New York: Routledge, 1990. In total-institution settings, demoralization sets in when what little choice remains is further restricted.
It is against this background that the question of whether prisoners should be allowed to donate organs for transplantation is explored. In this article, we focus on prospective living organ donors who face capital punishment. Some of the issues raised may also apply to death row inmates who wish to become cadaveric organ donors and donate their organs after death. However, in the latter instance, their right to do so may conflict less with society's interest in justice.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.