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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
Insider Transactions Under The 1940 Act, Tamar Frankel
Insider Transactions Under The 1940 Act, Tamar Frankel
Faculty Scholarship
No abstract provided.
Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas
Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas
Faculty Scholarship
On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav
Faculty Scholarship
In the beginning, use of the Press Ordinance (hereafter Pr. Ord.) was limited, but as British political control deteriorated it became more extensive and even ruthless. In 1937, the Peel Report complained that the Pr. Ord. was not tough enough and recommended stricter measures.3 At about the same time, the Mandatory Government itself reached the conclusion that the Pr. Ord. was insufficient and issued a series of Defence (Emergency) Regulations which suspended the entire range of civil liberties-including freedom of expression. These Defence (Emergency) Regulations which related to the press replaced in part and fortified in part the Pr. …
Securities Commentary, Roberta S. Karmel, John P. Ketels
Securities Commentary, Roberta S. Karmel, John P. Ketels
Faculty Scholarship
No abstract provided.
Where Are The Health Lawyers When We Need Them, George J. Annas
Where Are The Health Lawyers When We Need Them, George J. Annas
Faculty Scholarship
A momentous event in the field of health law occurred in April of 1978: the first national meeting of teachers of health law was held at Boston University. Of sixty individuals invited, almost all of whom teach health law as a full-time profession in various graduate schools, forty-five participated in the two-day workshop. While that response alone may have revealed the answer, the first topic on the agenda was: "Is health law a discipline?"
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Faculty Scholarship
No abstract provided.
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance -Part I, Pnina Lahav
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance -Part I, Pnina Lahav
Faculty Scholarship
This article is part of a broader effort to analyse the relationship between the press and the legal system in Israel. Being only a segment of a larger project, it is devoted in its entirely to one component of Israel's press law: the Press Ordinance of 1933 (hereafter Pr. Ord.). Although antiquated and considered by certain circles as merely a "dead letter", the Pr. Ord. still forms the backbone of Israel's press law, since it regulates so many aspects of the press. Beyond its relevance as positive law, the Pr. Ord. is of interest for a number of reasons. Having …
Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas
Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas
Faculty Scholarship
In what may prove to be the most controversial medicolegal decision of the year, the Massachusetts Supreme Judicial Court has ruled that, in certain cases, courts are the proper forum in which life-sustaining medical decisions should be made.1 The controversy goes deep. It involves questions of who should make life-prolonging decisions, in what forum, and on what criteria. Until the last few years, these questions arose almost exclusively in the context of Jehovah's Witnesses cases - cases in which life-saving blood transfusions were being refused for religious reasons. But with society's increasing consciousness about the way people die in hospitals, …
Abortion To Aging: Problems Of Definition In The Medical Expense Tax Deduction, Alan L. Feld
Abortion To Aging: Problems Of Definition In The Medical Expense Tax Deduction, Alan L. Feld
Faculty Scholarship
Administration of the medical expense deduction has generated its share of litigation and rulings. The major areas of dispute center on two questions. By far the more important question is how to distinguish deductible medical expenses from other expenses that should be characterized as personal, living, or family expenses. The statutory definition of medical care is a broad one, encompassing amounts paid for "diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body."' 10 It also includes transportation to obtain medical care." Because normal expenses of a personal nature, …
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
Faculty Scholarship
No abstract provided.
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum
The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum
Faculty Scholarship
Few areas pose more difficult problems in the application of due process doctrine than does regulation of parent-child relationships. Determination of the procedural requirements for intervention by the state in the lives of children, at the request or with the agreement of parents, presents novel and troublesome constitutional questions. Special problems arise in the definition of the liberty interests of minors and in determining how much process is due given an infringement of those interests. These problems cannot be resolved by resort to the categorical assumptions of either traditional theory or "children's liberation." Close examination of the interests held by …
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
Faculty Scholarship
No abstract provided.
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
Faculty Scholarship
No abstract provided.
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown
Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown
Faculty Scholarship
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
Faculty Scholarship
In Volume 3, Number 3 of this journal, Professor Havighurst* wrote a brief Comment in which he observed that the function of health care cost-containment regulation is the rationing of health care resources, and argued that the fostering of health care consumers' and providers' free choice in the competitive marketplace is preferable to conventional cost-containment regulation as a mechanism for such rationing. He briefly outlined various reforms, including changes in federal tax treatment of health insurance premiums, aimed at implementing his ap- proach. Subsequently, in a Comment in Volume 4, Number 1, Stephen M.Weiner, then Chairman of the Massachusetts Rate …
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski
East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski
Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Faculty Scholarship
The possibility of abolishing the general diversity jurisdiction of the federal courts has received increasing attention with the passage of an abolition bill by the House of Representatives in 1978. Discussion of abolition has tended to focus on such issues as the importance of reducing federal court caseloads, the appropriateness of transferring state law cases to state courts, and the extent to which prejudice against out-of-staters survives in state courts. Professor Rowe suggests that there would be several little-noticed but significant effects of abolishing diversity jurisdiction. He argues that abolition would elminate or greatly reduce some of the major difficulties …
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti
Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti
Faculty Scholarship
No abstract provided.
Post-Discharge Coercion Of Bankrupts By Private Creditors, Rachel Vorspan
Post-Discharge Coercion Of Bankrupts By Private Creditors, Rachel Vorspan
Faculty Scholarship
No abstract provided.