The University of Arizona James E. Rogers College of Law - Arizona Law Review

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2002 Vol 44
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The Arizona Law Review Online - 2002 - Volume 44 Number 2

CONTENTS of Volume 44 Number 2


PDF Document The J. Byron McCormick Lecture
REFLECTIONS ON THE SEPARATION OF CHURCH AND STATE
Stephen L. Carter*

Articles

PDF Document DISSING DISCLOSURE: JUST WHAT THE DOCTOR ORDERED
Grant H. Morris*

In this Article, I have traced the historical development—or lack of development—of the physician’s disclosure duty. That development can be summed up in three quotations, each coming from a person who’s name starts with “H.” The journey began with Hippocrates who advised physicians to “conceal[] most things from the patient while you are attending to him…revealing nothing of the patient’s future or present condition.”314 The Hippocratic Oath has been described as “an oath of secrecy and loyalty to one’s medical colleagues,”315 not one’s patients. For twenty-four centuries that ethic prevailed.

 

PDF Document MEDICINE'S EPISTEMOLOGY:
MAPPING THE HAPHAZARD DIFFUSION OF KNOWLEDGE IN THE BIOMEDICAL COMMUNITY
Lars Noah*

In just over a decade, the EBM movement has received a great deal of attention in the health care community. It aspires to transform medical practice by urging physicians to draw on rigorous studies rather than simply rely on anecdotal experience. Even if it fails to attract a large number of adherents, or to fundamentally change medicine=s epistemology, EBM has usefully encouraged medical professionals to become more reflective about the foundations for their treatment choices. In contrast, the call for evidence-based medicine has gone largely unnoticed outside of the health care community, even though it may offer important insights for other decisionmakers. Conversely, proponents of EBM may not have taken a sufficiently skeptical view of the biomedical literature and could benefit from the more critical perspectives of institutions external to the research enterprise. As importantly, perhaps, EBM reveals serious inadequacies in existing medical practice that deserve greater attention from regulatory agencies and the courts. A more realistic appreciation of the informational challenges faced by physicians should lead to improved doctrinal choices and, to the extent that these influence medical practice, superior treatment outcomes for patients. 

Notes

PDF Document WILL THE TRUTH SET THEM FREE? NO, BUT THE LAB MIGHT: STATUTORY RESPONSES TO ADVANCEMENTS IN DNA TECHNOLOGY
Diana L. Kanon
 

PDF Document INFRINGEMENT.COM: RIAA V. NAPSTER AND THE WAR AGAINST ONLINE MUSIC PIRACY
Timothy James Ryan 

The Arizona Law Review
James E. Rogers College of Law
The University of Arizona
Tucson, Arizona 85721-0176
(520) 621-1764


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