Comprehensively Advance Reform of the Urban Housing System Opinion. [Summary 1991

On 31 December 1991, the Chinese State Council Housing System Reform Leading Group announced this Opinion, setting out targets, principles, and policies for the reform of the system of provisional housing in urban areas. Section 1 of the Opinion provides that the long-term goal of reform is to convert the distribution of housing from a system based on welfare allocation to one based on commodity exchange either by purchase or rental. Section 2 sets the following targets for reform: a) within the period of the Eighth Five-Year Plan, the system will be converted from one of low rent to one in which the calculation of rent will be based on cost of upkeep, administration costs, and depreciation; b) by 2000, the calculation of rent will be based on the above factors, as well as interest on investment and property taxes; and c) in the long term, the calculation of rent will be based on all of the above factors, as well as land rent, insurance premiums, and profit. Section 4 deals with policies for managing various problems such as rent increases and subsidies, sales of housing, financing for housing, the system of investment in and construction of housing, and administration of housing. This Section provides that a three-level housing investment fund based on municipalities, work units, and individuals will be established.     

Order in the Steinhaus case

In April 1986, one-month-old Lance Tyler Steinhaus sustained serious injuries, attributed to abuse by his father, that left him comatose. His mother and his physicians agreed that he should not be treated aggressively. The Redwood County (Minnesota) Welfare Department obtained a temporary order restraining withdrawal of Lance's antibiotic therapy. Lance's mother and Dr. David Steinhorn, a pediatrician, appealed to the County Court to dissolve the temporary injunction. Judge George I. Harrelson in this decision denied their request on the grounds that both state and federal law establish that infants with life-threatening conditions have a right to medically-indicated treatment and that Lance Steinhaus had such a right because he was in a "vegetative state" rather than technically "comatose." [Editor's note: After conducting another hearing on Lance's neurological status, the court ruled on 18 October that Lance was irreversibly comatose and ordered only "comfort care."]     

Rogers v. Whitaker

The High Court of Australia affirmed the Supreme Court of New South Wales' determination that a doctor has a duty to warn a patient of any material risk involved in a proposed treatment. A risk is considered material if a reasonable person in similar circumstances would attach significance to the risk, or if the doctor is, or should be, cognizant that the particular patient would express concern about the risk. The trial court overruled the precept that a doctor could not be found negligent in warning a patient if the doctor acted within the purview of common practice, even though other practitioners may follow different procedures and regardless of the particular patient's concerns. In this case, Maree Whitaker became essentially blind after an unsucessful operation on her right eye caused sympathetic ophthalmia in her left eye. Although there was no question that the surgery had been performed with the requisite skill and care, Ms. Whitaker petitioned the court for relief due to the failure of the ophthalmologist, Dr. Christopher Rogers, to warn her of the possibility (approximately 1 in 14,000) that the sympathetic ophthalmia condition could develop. The trial court's award of damages was affirmed because, in spite of Ms. Whitaker's expressed specific concern that her "good eye" not be harmed, Dr. Rogers did not inform her of the potential risks associated with the surgery.