Law Commons^™

Science, Public Bioethics, And The Problem Of Integration, Orlando Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decisionmaking. It has captured the attention of officials in every branch of government, as well as the American public. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decisionmaking) continue to roil the public square.

This article examines the question of how scientific methods and principles can and …

The Right To Submit Questions To Witnesses (With B. Pfaff & J. Stalmack), Nancy Marder

Nancy S. Marder

No abstract provided.

Jurors Should Have The Right To Submit Questions To Be Answered By Witnesses (With B. Pfaff & J. Stalmack)., Nancy Marder

Nancy S. Marder

No abstract provided.

From "Practical Obscurity" To Web Disclosure: A New Understanding Of Public Information (Symposium), Nancy Marder

Nancy S. Marder

No abstract provided.

The Myth Of The Nullifying Jury, Nancy Marder

Nancy S. Marder

No abstract provided.

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …

The Appropriations Power And Sovereign Immunity, Jay Tidmarsh, Paul F. Figley

Jay Tidmarsh

Historical discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence — or non-existence — of sovereign immunity begin with the English and American common-law doctrines of sovereign immunity, and ask whether the founding period altered that doctrine. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690-1700), which is often regarded as the first …

Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent James Strickler

Vincent James Strickler

Disagreement over the meaning and power of Brown v. Board of Education is part of a larger debate about the capacity of the courts to influence social change. A “down with Brown” movement denies that the iconic case changed America. But, an examination of 68 United States Supreme Court cases (particularly the paradigm-shifting case of Green v. County School Board) and 414 Federal District Court cases, from 1944 through 1974, reveals a cumulative-judicial process that correlates well (and better than legislative efforts) with actual desegregation successes. Considering a “Green-lighted” Brown, rather than the historic case in isolation, better reveals the …

J.E.B. V. Alabama Ex Rel. T.B., 511 U.S. 127 (1994), Nancy Marder

Nancy S. Marder

No abstract provided.

The One Minute Manager Prepares For Mediation: A Multidisciplinary Approach To Negotiation Preparation, Donald R. Philbin, Jr.

Donald R. Philbin Jr.

No abstract provided.

Juries, Nancy Marder

Nancy S. Marder

No abstract provided.

Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …

The New Aba Jury Trial Standards: "Innovations" Go Mainstream?, Nancy Marder

Nancy S. Marder

No abstract provided.

The Jury As "Free School" For Democracy, Nancy Marder

Nancy S. Marder

No abstract provided.

The History Of The Per Curiam Opinion: Consensus And Individual Expression On The Supreme Court, Laura Ray

Laura K. Ray

No abstract provided.

The Technological Juror, Nancy Marder

Nancy S. Marder

No abstract provided.

Strictly Scrutinizing Campaign Finance Restrictions (& The Courts That Judge Them), John Eastman

John C. Eastman

No abstract provided.

Handbook Of Federal Judicial Practices And Procedures: Eastern District Of Pennsylvania, Susan King

Susan A. King

No abstract provided.