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Articles 1 - 30 of 36
Full-Text Articles in Law
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
St. Mary's Law Journal
Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …
Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll
St. Mary's Law Journal
Abstract Forthcoming.
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
St. Mary's Law Journal
Abstract Forthcoming.
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
St. Mary's Law Journal
Abstract Forthcoming.
Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell
St. Mary's Law Journal
Abstract Forthcoming.
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
St. Mary's Law Journal
Abstract Forthcoming.
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
St. Mary's Law Journal
Abstract Forthcoming.
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
St. Mary's Law Journal
Abstract Forthcoming.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
St. Mary's Law Journal
Abstract Forthcoming.
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
St. Mary's Law Journal
Abstract Forthcoming.
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Heifetz Hollinger
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Heifetz Hollinger
University of Michigan Journal of Law Reform
This paper argues that there is an urgent need for the creation and clarification of a legal framework within which contemporary efforts to produce or procure children can take place. State legislatures should act now in order to avoid the kind of crisis that confronts Great Britain, where an infant girl, the product of a breached surrogacy contract, has been impounded by a British court. While the court ponders how to determine the legal parentage of this particular child, Parliament considers criminal penalties for those who arrange surrogacy contracts and general regulations to constrain IVF and ET research and practice. …
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
University of Michigan Journal of Law Reform
Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …
Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith
Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith
North Carolina Central Law Review
No abstract provided.
Reducing Diet-Induced Cancer Through Federal Regulation: Opportunities And Obstacles, Richard A. Merrill
Reducing Diet-Induced Cancer Through Federal Regulation: Opportunities And Obstacles, Richard A. Merrill
Vanderbilt Law Review
For more than a decade, federal health regulatory agencies have devoted major attention to controlling human exposure to substances believed capable of causing cancer. These efforts have evoked a broad spectrum of criticism; government has been accused of both indolence in the face of an incipient epidemic' and reckless distortion of science to support restrictions on substances that present only trivial risks. A central object of regulatory concern has been the safety of the food supply. At least since the 1958 Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act),'with its famous Delaney Clause, the Food …
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Michigan Law Review
A Review of Of Foxes and Hen Houses: Licensing and the Health Professions by Stanley J. Gross
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Michigan Law Review
A Review of Selective Nontreatment of Handicapped Newborns by Robert Weir
Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.
Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.
University of Baltimore Law Review
The authors note that Maryland's system for health claims arbitration has failed to reduce the number of malpractice suits, the size of damages awards, or the delay in resolving these claims. After reviewing the current system, its strengths and weaknesses, and various proposals to remedy its problems by amending the current legislation, the authors advance their own suggestions for amending Maryland's health claims arbitration legislation.
Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron
Informed Consent: A Study Of Decisionmaking In Psychiatry, 18 J. Marshall L. Rev. 803 (1985), Maureen D. Mudron
UIC Law Review
No abstract provided.
Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat
Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat
UIC Law Review
No abstract provided.
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Cleveland State Law Review
It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …
The Illinois Parental Notice Abortion Act: Legal And Ethical Ramifications Of A Physician's Decision To Give Parental Notification, 18 J. Marshall L. Rev. 475 (1985), Edward Eshoo Jr.
UIC Law Review
No abstract provided.
In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover
In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover
UIC Law Review
No abstract provided.
The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst
The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst
UIC Law Review
No abstract provided.
Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden
Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden
Journal of Law and Health
The development of alternate health care delivery and reimbursement mechanisms, particularly those known as "Preferred Provider Organizations" (PPOs), raise a multitude of legal issues. Each PPO will exist in different market conditions and under different state laws. Therefore, while this Article seeks to identify and discuss the legal issues, it cannot provide definitive answers. This Article can, however, serve as a guideline or checklist for PPO analysis and provide recommendations and alternatives for dealing with the legal roadblocks that occur in the formation and operation of PPOs. This discussion will be general in nature and cannot substitute for legal advice …
Patients, Agents, And Informed Consent, Joram Graf Haber
Patients, Agents, And Informed Consent, Joram Graf Haber
Journal of Law and Health
In Part II of this article, I develop the "patient" / agent distinction from the vantage point of humanistic ethics. This is the view that the knowledge of man is the basis for establishing norms and values. In Part III, I argue that the "patient" / agent distinction correlates the the Kantian notions of heteronomy / autonomy, and disrespect for autonomy / respect for autonomy. In Part IV, I show that the "patient" / agent distinction also correlates with the standards of disclosure the courts have adopted in deciding informed consent cases. Finally, in Part V, I show how the …
Medical Authority And Infanticide, Patrick A. Malone
Medical Authority And Infanticide, Patrick A. Malone
Journal of Law and Health
This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
St. Mary's Law Journal
Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
St. Mary's Law Journal
Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …