{"title":"The proper focus for FDA regulations: why the fundamental right to self-preservation should allow terminally ill patients with no treatment options to attempt to save their lives.","authors":"Alissa Puckett","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"60 2","pages":"635-65"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40957012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The right to health care in the United States: local answers to global responsibilities.","authors":"Marcela X Berdion","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"60 14","pages":"1633-66"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"27122001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Catherine T Harris, Ralph Peeples, Thomas B Metzloff
{"title":"Who are those guys? An empirical examination of medical malpractice plaintiffs' attorneys.","authors":"Catherine T Harris, Ralph Peeples, Thomas B Metzloff","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"58 2","pages":"225-50"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25273696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Medical monitoring without physical injury: the least justice can do for those industry has terrorized with poisonous products.","authors":"Richard Bourne","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"58 2","pages":"251-302"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24982678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evolution, creation-science, and the meaning of primary religious purpose.","authors":"G Sidney Buchanan","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"58 2","pages":"303-17"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24982679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is almost impossible to talk about medical malpractice without the subject of plaintiffs' lawyers coming up. Plaintiffs' attorneys are the focus of much attention and considerable controversy. Nonetheless, we really know very little about these people. Beyond anecdote and surmise, there is little empirical research on the subject of plaintiffs' lawyers in general, and plaintiffs' lawyers who specialize in medical malpractice in particular. In this paper, we seek to identify the attributes of effective plaintiffs' lawyers in the context of medical malpractice litigation. Our study is based on an examination of 348 medical malpractice lawsuits filed in the North Carolina courts during a four year period. The outcome for each case was identified. Basic demographic information about the attorneys involved was collected, and the attorneys in each case were surveyed and interviewed. We conclude that effectiveness can be measured. "Seasoned" attorneys - i.e., attorneys who had handled a substantial number of medical malpractice cases, who had trial experience, and who had attended a law school within the state of North Carolina - consistently did better than their counterparts - i.e., attorneys lacking one or more of these attributes. We also report on how plaintiffs' lawyers perform when opposed by seasoned and less seasoned defense counsel. Who the lawyers are does make a difference in predicting outcomes of medical malpractice cases.
{"title":"Who are those guys? An empirical examination of medical malpractice plaintiffs' attorneys.","authors":"C. Harris, R. Peeples, T. Metzloff","doi":"10.2139/SSRN.399640","DOIUrl":"https://doi.org/10.2139/SSRN.399640","url":null,"abstract":"It is almost impossible to talk about medical malpractice without the subject of plaintiffs' lawyers coming up. Plaintiffs' attorneys are the focus of much attention and considerable controversy. Nonetheless, we really know very little about these people. Beyond anecdote and surmise, there is little empirical research on the subject of plaintiffs' lawyers in general, and plaintiffs' lawyers who specialize in medical malpractice in particular. In this paper, we seek to identify the attributes of effective plaintiffs' lawyers in the context of medical malpractice litigation. Our study is based on an examination of 348 medical malpractice lawsuits filed in the North Carolina courts during a four year period. The outcome for each case was identified. Basic demographic information about the attorneys involved was collected, and the attorneys in each case were surveyed and interviewed. We conclude that effectiveness can be measured. \"Seasoned\" attorneys - i.e., attorneys who had handled a substantial number of medical malpractice cases, who had trial experience, and who had attended a law school within the state of North Carolina - consistently did better than their counterparts - i.e., attorneys lacking one or more of these attributes. We also report on how plaintiffs' lawyers perform when opposed by seasoned and less seasoned defense counsel. Who the lawyers are does make a difference in predicting outcomes of medical malpractice cases.","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"58 2 1","pages":"225-50"},"PeriodicalIF":0.0,"publicationDate":"2003-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68678015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Psychiatric evidence on trial.","authors":"Joanmarie Ilaria Davoli","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"56 4","pages":"2191-234"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24137412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Health care law.","authors":"Thomas Wm Mayo","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"56 3","pages":"1767-82"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22534465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article examines home equity financing in Texas, focusing on how continued protection of the homestead shelters Texas homeowners from problems experienced by some homeowners in other states. In Part I of the Article, I briefly explore the history of homestead protection and home equity loans in Texas, a subject on which Joe McKnight literally wrote the book. In Part II, I discuss the growth of home equity loans in other states, the reasons for their popularity, and the problems that have arisen for homeowners who have been victimized by predatory lenders. Part III examines the constitutional amendment that ultimately permitted home equity lending in Texas, focusing on the consumer protection requirements of the provision and how they are aimed at preventing predatory lending practices. In Part IV, I discuss criticism aimed at the amendment and problems that have arisen in interpreting and applying it. Part V discusses the limited legislative response to these issues and the court cases interpreting the amendment. In the Conclusion, I address the criticisms of the constitutional provision and defend its consumer protection measures.
{"title":"Home Equity Loans in Texas: Maintaining the Texas Tradition of Homestead Protection","authors":"Julia Patterson Forrester","doi":"10.25172/smulr.55.1.11","DOIUrl":"https://doi.org/10.25172/smulr.55.1.11","url":null,"abstract":"This Article examines home equity financing in Texas, focusing on how continued protection of the homestead shelters Texas homeowners from problems experienced by some homeowners in other states. In Part I of the Article, I briefly explore the history of homestead protection and home equity loans in Texas, a subject on which Joe McKnight literally wrote the book. In Part II, I discuss the growth of home equity loans in other states, the reasons for their popularity, and the problems that have arisen for homeowners who have been victimized by predatory lenders. Part III examines the constitutional amendment that ultimately permitted home equity lending in Texas, focusing on the consumer protection requirements of the provision and how they are aimed at preventing predatory lending practices. In Part IV, I discuss criticism aimed at the amendment and problems that have arisen in interpreting and applying it. Part V discusses the limited legislative response to these issues and the court cases interpreting the amendment. In the Conclusion, I address the criticisms of the constitutional provision and defend its consumer protection measures.","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81988556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Well, hello Dolly! The advent of cloning legislation and its constitutional implications.","authors":"K M Jackson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80169,"journal":{"name":"SMU law review : a publication of Southern Methodist University School of Law","volume":"52 1","pages":"283-304"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21417625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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