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24 results

Page 1 of 2

  • Wiser Than the Laws?: The Legal Accountability of The Medical Profession

  • Jay Alexander Gold
  • Journal:
    American Journal of Law & Medicine / Volume 7 / Issue 2 / Summer 1981
    Published online by Cambridge University Press:
    24 February 2021, pp. 145-181
    Print publication:
    Summer 1981

  • This Article argues that many seemingly disparate questions in health law are related to the issue of how experts are to be held accountable to nonexperts—show the principle that decisions should be made by those most affected is to be reconciled with the principle that decisions should be made by those with experience and training in the area. The basic subject matter of health law comprises a number of relationships between medical professionals, on the one hand, and laymen, on the other. In dealing with the proper allocation of decision-making authority within these relationships, the Article considers the social role of medical profession, the theoretical issues in the accountability of expertise, and the nature of medical expertise. On the basis of this discussion, the Article develops principles that can be applied throughout health law.

    Whenever anyone appears to be investigating … medicine contrary to the written regulations, … any one of the citizens who wishes may indict him in court, on the ground that he … persuades young men to practice medicine in an illegal way, to practice on their own authority …. For no one ought to be wiser than the laws.

    Plato, The Statesman

  • Does the Hyde Amendment Violate Religious Freedom? Harris v. McRae and the First Amendment

  • Jay Alexander Gold
  • Journal:
    American Journal of Law & Medicine / Volume 6 / Issue 3 / Fall 1980
    Published online by Cambridge University Press:
    24 February 2021, pp. 361-372
    Print publication:
    Fall 1980

  • In Harris v. McRae, the recent case in which the U.S. Supreme Court upheld the constitutionality of the Hyde Amendment, the Court for the first time was asked to consider whether antiabortion legislation respects the establishment of religion or violates the free exercise thereof. The Court held that the Amendment did not effect an establishment of religion, and found that the plaintiffs lacked standing to raise the free exercise argument.

    The writer explores the questions raised, agreeing with the Court's disposal of the establishment argument. He does find considerable.validity in the free exercise challenge, but concludes that the Court as presently constituted is unlikely to accept it. In addition, he believes that the Court, in its treatment of both arguments, either ignored or improperly dis tinguished earlier cases that supported the plaintiffs.

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