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Full-Text Articles in Law

Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson Jul 1996

Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson

Kenneth Anderson

This Times Literary Supplement (London) review essay from 1996 takes up Hillary Rodham Clinton's It Takes a Village and Other Lessons Children Teach Us, and Emmy E. Werner's, Pioneer Children on the Journey West. The review takes a tough line against the therapeutic yet simultaneously authoritarian ethic of Clinton's book; it argues that Clinton has essentially conflated a set of local community institutions - places of identity - with state institutions of therapeutic and social control - bureaucratic loci of state management of deracinated, passive individuals. It sets this against the ethic of responsibility evoked in the diaries of girls …


A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson Apr 1996

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Kenneth Anderson

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …


Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield Dec 1995

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Kent Greenfield

Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31


A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer Dec 1995

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …


Remarks (As Panelist), Thomas Kohler Dec 1995

Remarks (As Panelist), Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler Dec 1995

Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Informed Consent And Patients' Rights In Japan, Robert B. Leflar Dec 1995

Informed Consent And Patients' Rights In Japan, Robert B. Leflar

Robert B Leflar

This article analyzes the development of the concept of informed consent in the context of the culture and economics of Japanese medicine, and locates that development within the framework of the nation's civil law system. Part II sketches the cultural foundations of medical paternalism in Japan; explores the economic incentives (many of them administratively directed) that have sustained physicians' traditional dominant roles; and describes the judiciary's hesitancy to challenge physicians' professional discretion. Part III delineates the forces testing the paternalist model: the undermining of the physicians' personal knowledge of their patients that accompanies the shift from neighborhood clinic to high-tech …


The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown Dec 1995

The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown

George D. Brown

No abstract provided.


Derecho En La Era Digital, Horacio M. Lynch Dec 1995

Derecho En La Era Digital, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.