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2006

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Full-Text Articles in Law

Drugged, Carl E. Schneider Jul 2006

Drugged, Carl E. Schneider

Articles

The Supreme Court's recent decision in Gonzales v. Oregon, like its decision last year in Gonzales v. Raich (the "medical marijuana" case), again raises questions about the bioethical consequences of the Controlled Substances Act. When, in 1970, Congress passed that act, it placed problematic drugs in one of five "schedules," and it authorized the U.S. attorney general to add or subtract drugs from the schedules. Drugs in schedule II have both a medical use and a high potential for abuse. Doctors may prescribe such drugs if they "obtain from the Attorney General a registration issued in accordance with ...


Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan Jun 2006

Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan

Articles

The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission's High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term ...


"Nine, Of Course": A Dialogue On Congressional Power To Set By Statute The Number Of Justices On The Supreme Court, Peter Nicolas Jun 2006

"Nine, Of Course": A Dialogue On Congressional Power To Set By Statute The Number Of Justices On The Supreme Court, Peter Nicolas

Articles

Conventional wisdom seems to hold that Congress has the power to set, by statute, the number of justices on the United States Supreme Court. But what if conventional wisdom is wrong? In this Dialogue, I challenge the conventional wisdom, hypothesizing that the United States Constitution does not give Congress the power to enact such a statute. Under this hypothesis, the number of justices on the Supreme Court at any given time is to be determined solely by the President and the individual members of the United States Senate in exercising their respective powers of nominating justices and consenting to their ...


Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx Apr 2006

Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx

Articles

No abstract provided.


After Autonomy, Carl E. Schneider Apr 2006

After Autonomy, Carl E. Schneider

Articles

Bioethicists today are like Bolsheviks on the death of Lenin. They have, rather to their surprise, won the day. Their principle of autonomy is dogma. Their era of charismatic leadership is over. Their work of Weberian rationalization, of institutionalizing principle and party, has begun. The liturgy is reverently recited, but the vitality of Lenin's "What Is To Be Done?" has yielded to the vacuity of Stalin's "The Foundations of Leninism." Effort once lavished on expounding ideology is now devoted to establishing associations, organizing degree programs, installing bioethicist commissars in every hospital, and staffing IRB soviets. Not-so-secret police prowl ...


In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge Mar 2006

In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge

Articles

No abstract provided.


Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary Mar 2006

Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary

Articles

Sarah Killgore Wertman was the first woman in the country to both graduate from law school and be admitted to the bar. Thus, she was Michigan's first woman lawyer in two senses: She was the first woman to graduate from the University of Michigan Law School, and the first woman admitted to the Michigan bar. Others preceded her in entering law school, graduating from law school, or being admitted to the bar, but she was the first to accomplish all three. Her story illustrates much about the early days of women in legal education and the practice of law ...


Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum Feb 2006

Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum

Articles

What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the ...


Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo Jan 2006

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Articles

Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to ...


The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber Jan 2006

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

Articles

This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is ...


The Use Of Mtas To Control Commercialization Of Stem Cell Diagnostics And Therapeutics, Sean O'Connor Jan 2006

The Use Of Mtas To Control Commercialization Of Stem Cell Diagnostics And Therapeutics, Sean O'Connor

Articles

The recent focus on patents as a hindrance to stem cell research may turn out to be a red herring. The real culprits are material transfer agreements (MTAs), which govern the transfer of cell lines and other biological materials. The MTA’s primary purpose in life sciences research is to set contractual rights and obligations between parties where one party transfers biological materials to the other. For example, MTAs often focus on the physical handling, use, and distribution of the materials by the recipient, ensuring that the recipient complies with regulations for research involving humans or animals.

Although these interests ...


Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency"?, Helen A. Anderson Jan 2006

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency"?, Helen A. Anderson

Articles

This article argues that a legal positional conflict is not a true conflict of interest, and should not be the subject of an ethical prohibition. Because of the incentives it creates, a rule against positional conflicts gives greater control to wealthy clients over the availability of legal services without significantly protecting the rights of the poor or middle income clients. Business conflicts already exert significant pressure on lawyers; too much concern with potential positional conflicts only increases that pressure.

This article also argues that eliminating an ethical prohibition against potential conflicts could mitigate much of the credibility concerns raised by ...


Standing For Excellence, Reaching For Justice, Kellye Y. Testy Jan 2006

Standing For Excellence, Reaching For Justice, Kellye Y. Testy

Articles

Commemorating thirty volumes of the Seattle University Law Review.


Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield Jan 2006

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

Articles

On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.


Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni Jan 2006

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

Articles

This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system ...


Indian Water Rights: Litigation And Settlements, Robert T. Anderson Jan 2006

Indian Water Rights: Litigation And Settlements, Robert T. Anderson

Articles

This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights ...


Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler Jan 2006

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

Articles

Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug ...


Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix Jan 2006

Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix

Articles

The focus of this Article is the interrelated set of issues that have arisen, on one hand, from Internet transactions regarding the downloading of free or purchased software, as well as other Internet sales, and on the other hand, the distinctive transactional problems that modern business practices have created under the rubric of "shrink-wrap" or "terms in the box"—a late presentation of terms associated with the sale of computers or the licensing of software (with the terms included in the packaging, rather than presented to the user ahead of time)—but not necessarily confined to those transactions.

Such transactions ...


Strengthening Auditor Independence: Reestablising Audits As Control And Premium Signaling Mechanisms, Sean M. O'Connor Jan 2006

Strengthening Auditor Independence: Reestablising Audits As Control And Premium Signaling Mechanisms, Sean M. O'Connor

Articles

As recent scandals have demonstrated, ensuring the independence of auditors from the publicly traded clients whose books they inspect is one of the most vexing problems in the financial world today. Arguably, the imposition of a mandatory audit system through the 1930s federal securities laws created the modern problem of auditor independence.

The core issue is that the statutory audit is simply a commodified cost of doing business for issuers that imposes an impossible obligation to serve an unspecified “investing public” on the auditors. Yet, this investing public neither hires, fires, nor controls the auditors. Instead, the audit relationship is ...


Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield Jan 2006

Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield

Articles

This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.

Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c ...


Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson Jan 2006

Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson

Articles

Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the ...


The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson Jan 2006

The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson

Articles

No abstract provided.


The Quest For Tenure: Job Security And Academic Freedom, Mark Adams Jan 2006

The Quest For Tenure: Job Security And Academic Freedom, Mark Adams

Articles

No abstract provided.


Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens Jan 2006

Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens

Articles

No abstract provided.


2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens Jan 2006

2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens

Articles

In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States ...


Three Versions Of Nonsense, Paul Campos Jan 2006

Three Versions Of Nonsense, Paul Campos

Articles

No abstract provided.


Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter Jan 2006

Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter

Articles

In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into ...


Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter Jan 2006

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Articles

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes that ...


Foreword, Richard B. Collins Jan 2006

Foreword, Richard B. Collins

Articles

No abstract provided.


Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman Jan 2006

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Articles

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.