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Articles 31 - 60 of 83
Full-Text Articles in Law
A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather
A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather
San Diego Law Review
This is a critical analysis of the Reporters' Study on Enterprise Responsibility for Personal Injury. Although recognizing that the Study is comprehensive and well researched, the authors express disappointment at the lack of vision contained in the Study. They find that the authors of the Study failed to find their way out of the maze of the tort system, and in exploring so many nooks and crannies they become lost in the details, rather than looking at the big picture. The authors of this Article provide a brief overview of the Study, and proceed with analysis. They conclude that the …
Rejoinder: Advances In The Analysis, Marshall S. Shapo
Rejoinder: Advances In The Analysis, Marshall S. Shapo
San Diego Law Review
This brief Rejoinder addresses two levels of issues: broad questions involved in the effort to establish a critical overview of injury law and questions more precisely bound up with products liability law. The author lauds the Reporters' Study on Enterprise Responsibility for Personal Injury on its significant contribution to academic debate in this country, and for its openness to a competition of many divergent ideas in the context of organizational culture. Despite the problems that this author noted in his first Article in this symposium, he recognizes the achievement of the Study, and the genuine advance that it provides in …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Perspectives On The Tort System And The Liability Crisis
San Diego Law Review
In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System
San Diego Law Review
In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …
Depreciation Of Intangibles: An Area Of The Tax Law In Need Of Change, Allen Walburn
Depreciation Of Intangibles: An Area Of The Tax Law In Need Of Change, Allen Walburn
San Diego Law Review
Under tax law in 1993, depreciation of many purchased intangibles was denied on the theory that they have an unlimited, or at least indeterminate life. However, many taxpayers challenged this theory on the ground that intangibles are subject to wear and tear like any other asset. This Comment argues that the imprecise factual nature of this issue has led to unnecessary complexity and uncertainty, a great burden on the courts, and unfair treatment of taxpayers. The Comment analyzes justifications for the depreciation of goodwill and other intangibles in the nature of goodwill. It examines possible solutions to these problems with …
Advocacy And Diplomacy In The Great Lakes: A Case History Of Non-Governmental-Organization Participation In Negotiating The Great Lakes Water Quality Agreement, Jack Manno
Buffalo Environmental Law Journal
This article describes and analyzes the role of non-governmental organizations, or NGOs, in the system of governance that has developed to manage the use of natural resources, and that management's impact on the Great Lakes ecosystem. Particular emphasis is given to the organizational history of one such NGO, Great Lakes United, and its actions and strategies in relation to the Canada-U.S. Great Lakes Water Quality Agreements, and to the negotiations leading to the 1987 Protocol to the Agreements. My more general purpose is to contribute to the development of a literature of NGO case histories in order to provide an …
Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder
Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder
Buffalo Law Review
No abstract provided.
"Hell Man, They Did Invent Us:" The Mass Media, Law, And African Americans, Adeno Addis
"Hell Man, They Did Invent Us:" The Mass Media, Law, And African Americans, Adeno Addis
Buffalo Law Review
No abstract provided.
Procedural Choices In Regulatory Science, Sheila Jasanoff
Procedural Choices In Regulatory Science, Sheila Jasanoff
RISK: Health, Safety & Environment (1990-2002)
This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.
The Science Court: A Bibliography, Jon R. Cavicchi
The Science Court: A Bibliography, Jon R. Cavicchi
RISK: Health, Safety & Environment (1990-2002)
This bibliography lists articles that focus specifically on the Science Court as proposed by Professor Kantrowitz in the mid-sixties. In a separate part articles casually mentioning that proposal in assorted contexts are presented.
The Science Court: Reminiscence And Retrospective, Allan Mazur
The Science Court: Reminiscence And Retrospective, Allan Mazur
RISK: Health, Safety & Environment (1990-2002)
A self-described "agnostic" on the merits of the Science Court proposal describes how he independently arrived at a similar notion and played a role in efforts to secure a major test of the proposal. Professor Mazur also analyzes university-based experiments structured around that model and concludes that the controversial "judges" are probably unnecessary to achieve his original objectives.
Table Of Contents, Volume Four, Number Two, Spring 1993, Risk Editorial Board
Table Of Contents, Volume Four, Number Two, Spring 1993, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).
Elitism Vs. Checks And Balances In Communicating Scientific Information To The Public, Arthur Kantrowitz
Elitism Vs. Checks And Balances In Communicating Scientific Information To The Public, Arthur Kantrowitz
RISK: Health, Safety & Environment (1990-2002)
The "father of the Science Court" describes his objective in proposing the institution as it has come to be known, his efforts to get a major public test of the concept, and insights gained since the initial proposal was made in 1967.
Science Courts, Evidentiary Procedures And Mixed Science-Policy Decisions, Carl F. Cranor
Science Courts, Evidentiary Procedures And Mixed Science-Policy Decisions, Carl F. Cranor
RISK: Health, Safety & Environment (1990-2002)
This paper analyzes the potential for science courts to address the social need to regulate human carcinogens and concludes that, on balance, it is not high. From this vantage point, Professor Cranor suggests desiderata for application in other areas where science courts might be used.
Consensus Development At Nih: What Went Wrong, Itzhak Jacoby
Consensus Development At Nih: What Went Wrong, Itzhak Jacoby
RISK: Health, Safety & Environment (1990-2002)
A close observer identifies the Science Court concept as inspiring consensus development conferences at the National Institutes of Health and describes the extent to which they have followed the model. Professor Jacoby also argues that, if the model were more closely followed, conference objectives would be better realized.
Regulation Of Physician Self-Referral Arrangements: Is Prohibition The Answer Or Has Congress Operated On The Wrong Patient, Christian D. Humphreys
Regulation Of Physician Self-Referral Arrangements: Is Prohibition The Answer Or Has Congress Operated On The Wrong Patient, Christian D. Humphreys
San Diego Law Review
Rapidly increasing health care costs have created a national crisis. Perceiving physician referral behavior as the principal cause, Congress and several state legislatures have prohibited certain referrals. This Comment analyzes the data that spawned such legislation and critiques prohibition of referrals as a solution to the crisis. The Comment asserts that the prohibition remedy is overly broad and largely ineffective. The author recommends a more farsighted solution, such as the creation of a prepaid physician compensation system. The author argues that such a system would minimize the incentive to make unnecessary referrals while simultaneously reducing the level of health care …
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
San Diego Law Review
When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …
Junk Science: The Criminal Cases, Paul C. Giannelli
Junk Science: The Criminal Cases, Paul C. Giannelli
Journal of Criminal Law and Criminology
No abstract provided.
Novel Scientific Evidence In Criminal Cases: Some Words Of Caution, Andre A. Moenssens
Novel Scientific Evidence In Criminal Cases: Some Words Of Caution, Andre A. Moenssens
Journal of Criminal Law and Criminology
No abstract provided.
Let Sleeping Memories Lie--Words Of Caution About Tolling The Statute Of Limitations In Cases Of Memory Repression, Gary M. Ernsdorff, Elizabeth F. Loftus
Let Sleeping Memories Lie--Words Of Caution About Tolling The Statute Of Limitations In Cases Of Memory Repression, Gary M. Ernsdorff, Elizabeth F. Loftus
Journal of Criminal Law and Criminology
No abstract provided.
Have You No Sense Of Decency, Peter J. Neufeld
Have You No Sense Of Decency, Peter J. Neufeld
Journal of Criminal Law and Criminology
No abstract provided.
Can Your Eyes Be Used Against You--The Use Of The Horizontal Gaze Nystagmus Test In The Courtroom, Stephanie E. Busloff
Can Your Eyes Be Used Against You--The Use Of The Horizontal Gaze Nystagmus Test In The Courtroom, Stephanie E. Busloff
Journal of Criminal Law and Criminology
No abstract provided.
Ignorance Is Bliss, Especially For The Tax Evader, Mark C. Winings
Ignorance Is Bliss, Especially For The Tax Evader, Mark C. Winings
Journal of Criminal Law and Criminology
No abstract provided.
Radicalism In Law And Criminology: A Retrospective View Of Critical Legal Studies And Radical Criminology, Albert P. Cardarelli, Stephen C. Hicks
Radicalism In Law And Criminology: A Retrospective View Of Critical Legal Studies And Radical Criminology, Albert P. Cardarelli, Stephen C. Hicks
Journal of Criminal Law and Criminology
No abstract provided.
A Contemporary Look At The Effects Of Rape Law Reform: How Far Have We Really Come, Ronet Bachman, Raymond Paternoster
A Contemporary Look At The Effects Of Rape Law Reform: How Far Have We Really Come, Ronet Bachman, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
Table Of Contents, Volume Four, Number One, Winter 1993, Risk Editorial Board
Table Of Contents, Volume Four, Number One, Winter 1993, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).
Sixth Amendment--Due Process On Drugs: The Implications Of Forcibly Medicating Pretrial Detainees With Antipsychotic Drugs, William P. Ziegelmueller
Sixth Amendment--Due Process On Drugs: The Implications Of Forcibly Medicating Pretrial Detainees With Antipsychotic Drugs, William P. Ziegelmueller
Journal of Criminal Law and Criminology
No abstract provided.
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Journal of Criminal Law and Criminology
No abstract provided.
The Realities Of Punishment, David A. Harris
The Realities Of Punishment, David A. Harris
Journal of Criminal Law and Criminology
No abstract provided.
Legal Criticisms Of Dna Typing: Where's The Beef, Rockne P. Harmon
Legal Criticisms Of Dna Typing: Where's The Beef, Rockne P. Harmon
Journal of Criminal Law and Criminology
No abstract provided.