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Articles 1 - 29 of 29
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Francine T. Sherman
No abstract provided.
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
Michael Greenberger
The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Richard C. Boldt
No abstract provided.
The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt
The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt
Richard C. Boldt
No abstract provided.
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
Michael Greenberger
The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Mary J. Shariff
This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …
Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg.
Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg.
Dr. V.G.Ranganath
Women are the greatest asset of the society and the nation. Empowerment of Women in Health and Consumer aspects may lead to a better health status. It was only from the Sixth Five year Plan onwards that women secured a special role and space in the national plans and planning process primarily with thrusts on health, education and employment. The Seventh Five year Plan aimed at raising health consciousness among women.
Final Report: Submitted To The Honorable Jack Markell, Governor, State Of Delaware: Independent Review Of The Earl Brian Bradley Case, Linda Ammons
Linda L. Ammons
This is the Final Report to the Governor's Office, the Senate Public Safety Committee, the House Public Safety and Homeland Security Committee and Members of the General Assembly detailing the findings of the independent review by Linda L. Ammons, Esq., Associate Provost and Dean of The Widener University School of Law pursuant to Executive Order No. 16, attached hereto as Exhibit B. The genesis of Executive Order No. 16 was the December 16, 2009 arrest of Delaware pediatrician Dr. Earl B. Bradley, who was charged and recently indicted on hundreds of charges alleging that Dr. Bradley had sexually assaulted children …
Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq
Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md
Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md
Robert B Leflar
Column 5 (of 5) on the health reform debate
Health Reform: Arkansas Impacts, Robert B. Leflar
Health Reform: Arkansas Impacts, Robert B. Leflar
Robert B Leflar
Column 4 (of 5) on the health reform debate
Credit For Motherhood, Melissa Jacoby
Credit For Motherhood, Melissa Jacoby
Melissa B. Jacoby
This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Titti Mattsson
No abstract provided.
Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George
Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George
Cheryl Page
No abstract provided.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr.
John Aloysius Cogan Jr.
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Melissa B. Jacoby
This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing …
Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass
Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass
Aziza Ahmed
Criminalisation laws have a specific and nuanced impact on women living with HIV. An understanding of the consequences of such laws will help positive women and other advocates to combat negative uses of such laws, and to frame and advocate for effective alternatives for HIV prevention. This article helps tease out some of the ways that criminalisation can negatively impact the lives of positive women in particular: the explicit sex discrimination in the laws, the gender bias in courtrooms, the impact on marginalised women, and the increase in stigma and discrimination through criminalisation laws.
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Nancy J. Knauer
The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery
Brendan T Beery
This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …
Procreation, Harm, And The Constitution, Carter Dillard
Procreation, Harm, And The Constitution, Carter Dillard
Carter Dillard
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?
These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what …
A Woman's Worth, Kimberly D. Krawiec
A Woman's Worth, Kimberly D. Krawiec
Kimberly D. Krawiec
This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst, …