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Articles 361 - 371 of 371
Full-Text Articles in Law
Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox
Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox
Faculty Scholarship
In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager
Faculty Scholarship
No abstract provided.
Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager
Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager
Faculty Scholarship
No abstract provided.
Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith
Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith
Faculty Scholarship
This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …
Alternative Families: Obtaining Traditional Family Benefits Through Litigation, Legislation And Collective Bargaining, Barbara Cox
Alternative Families: Obtaining Traditional Family Benefits Through Litigation, Legislation And Collective Bargaining, Barbara Cox
Faculty Scholarship
This article will first discuss the constitutional and equitable basis for extending rights to alternative families. Next, it will discuss each major protection and benefit granted to traditional families and then examine the litigation, legislation, and collective bargaining agreements obtaining or attempting to obtain the same benefit for alternative families. This article will end by arguing that equity and justice require an extension of these benefits to alternative families.
Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith
Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith
Faculty Scholarship
This Article first explores the scope of the problem of withholding lifesaving treatment from seriously impaired infants. Next, the Article examines the interests involved in decisions to withhold treatment and the rationales for them. It contends that there are limitations on parental child-rearing rights and suggests standards to define when treatment may be withheld. The Article then reviews recent efforts to protect disabled newborns and points out a shift in the focus of these efforts toward a reliance on child abuse and neglect laws. Next, the Article surveys the development of federal and state child abuse and neglect statutes. The …
Life And Death Decisions In The Nursery: Standards And Criteria For Withholding Lifesaving Treatment From Infants, Steven R. Smith
Life And Death Decisions In The Nursery: Standards And Criteria For Withholding Lifesaving Treatment From Infants, Steven R. Smith
Faculty Scholarship
That the conduct of human affairs does not always conform to the requirements of the law is a surprise to no one. But in few areas of critical life and death decisions is there such a disparity between commonly recognized principles of law and developing medical practice as exists in the area of withholding lifesaving medical care from infants, notably defective infants. The law is said to restrict physicians and parents from withholding lifesaving treatment from infants for the purpose of causing their deaths. Yet it is reported that it is not uncommon for lifesaving treatment to be denied severely …
Constitutional Privacy In Psychotherapy, Steven R. Smith
Constitutional Privacy In Psychotherapy, Steven R. Smith
Faculty Scholarship
No abstract provided.
Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith
Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith
Faculty Scholarship
No abstract provided.
Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent
Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent
Faculty Scholarship
No abstract provided.
Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent
Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent
Faculty Scholarship
No abstract provided.