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Full-Text Articles in Law

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans Nov 1993

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …


Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan Sep 1993

Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan

RISK: Health, Safety & Environment (1990-2002)

When faced with a risk for which an inexpensive solution is available, individuals often choose the risk rather than the solution. Protection from certain kinds of risks, e.g., using seat belts or condoms or insulating against radon, is largely under personal control, but individuals often choose not to comply with behaviors which would reduce the risk. The Theory of Reasoned Action (TRA) has been used to predict when individuals will comply. The authors attempted to validate aspects of the TRA by the use of scenarios. Factor analysis of their data supports the theory that intention is a major determinate of …


Book Review, Cynthia Dash Sep 1993

Book Review, Cynthia Dash

RISK: Health, Safety & Environment (1990-2002)

Review of: DONALD C. LEE, TOWARD A SOUND WORLD ORDER: A MULTIDIMENSIONAL HIERARCHICAL ETHICAL THEORY. (Greenwood Press 1992). [240 pp.] Bibliography, index, notes, preface. LC: 91-440942; ISBN:0-313-27903-9. [Cloth $42.95. P.O. Box 5007, Westport CT 06881.]


Book Review, Timothy J. Arel Sep 1993

Book Review, Timothy J. Arel

RISK: Health, Safety & Environment (1990-2002)

Review of: STANLEY M. ROSENBLATT, MURDER OF MERCY: EUTHANASIA O N TRIAL. (Prometheus Books 1992) [352 pp.] CIP: 92-25910; ISBN: 0-87975-772-8. [$24.95. 59 John Glenn Drive, Buffalo NY 14228-2197.]


Author Index To Volume Four, Risk Editorial Board Sep 1993

Author Index To Volume Four, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Index by author to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.


Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan Sep 1993

Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan

RISK: Health, Safety & Environment (1990-2002)

The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.


Regulate Pollution Or Land Use - Managing Toxic Air Contaminants In Southern California, Marc Dohan Sep 1993

Regulate Pollution Or Land Use - Managing Toxic Air Contaminants In Southern California, Marc Dohan

RISK: Health, Safety & Environment (1990-2002)

A California air quality management district recently proposed to limit the location of potential receivers, in contrast with sources, of air toxics. The author argues that, although this particular proposal was later abandoned, it amounted to land use regulation. He also argues that such action usurps local control and is unwarranted.


Book Review, Angela V. Tafro Sep 1993

Book Review, Angela V. Tafro

RISK: Health, Safety & Environment (1990-2002)

Review of: VICE PRESIDENT AL GORE, EARTH IN THE BALANCE: ECOLOGY AND THE HUMAN SPIRIT. (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92- 34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]


Title Index To Volume Four, Risk Editorial Board Sep 1993

Title Index To Volume Four, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Title index to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.


Index Of Book Reviews For Volume Four, Risk Editorial Board Sep 1993

Index Of Book Reviews For Volume Four, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Index to book reviews published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.


Table Of Contents, Volume Four, Number Four, Fall 1993, Risk Editorial Board Sep 1993

Table Of Contents, Volume Four, Number Four, Fall 1993, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal RISK: Issues in Health & Safety (ISSN: 1073-8673).


Book Review, Mitchell M. Simon Sep 1993

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of: MARC A. RODWIN, MEDICINE, MONEY & MORALS: PHYSICIANS' CONFLICTS OF INTEREST. (Oxford University Press 1993). [430 pp.] Acknowledgements, acronyms, appendices, foreword, index, notes. LC: 92-49488; ISBN: 0-19-508096-3. [Cloth $25.00. 200 Madison Avenue, New York NY 10016.]


Table Of Contents, Volume Four, Number Three, Summer 1993, Risk Editorial Board Jun 1993

Table Of Contents, Volume Four, Number Three, Summer 1993, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).


Book Review, Allan M. Soobert Jun 1993

Book Review, Allan M. Soobert

RISK: Health, Safety & Environment (1990-2002)

Review of: VALERIE M. FOGLEMAN, HAZARDOUS WASTE CLEANUP, LIABILITY AND LITIGATION: A COMPREHENSIVE GUIDE TO SUPERFUND LAW. (Quorum Books 1992) [320 pp.] Acronyms, index, preface, selected bibliography. LC 91-47999, ISBN 0-89930-647-0. [$59.95 cloth. 88 Post Road West; Westport CT 06881.)


Book Review, Juanita V. Field, Thomas G. Field Jr. Jun 1993

Book Review, Juanita V. Field, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of: WESLEY A. MAGAT & W. KIP VISCUSI, INFORMATIONAL APPROACHES TO REGULATION. (MIT Press 1992) [274 pp.] Appendices, endnotes, illustrations, index, list of titles in the Regulation of Economic Activity series, list of tables and figures, preface, series foreword. LC 91-29483; ISBN 0-262-13277-X. [$32.50 cloth. 55 Hayward Street; Cambridge MA 02142.]


Book Review, Lisa M. White Jun 1993

Book Review, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Review of: STUART M. SPEISER, LAWYERS AND THE AMERICAN DREAM. (Evans 1993) [430 pp.] Endnotes with full citations, index, and lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]


Book Review, Scott Hogan Jun 1993

Book Review, Scott Hogan

RISK: Health, Safety & Environment (1990-2002)

Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]


Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg Jun 1993

Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg

RISK: Health, Safety & Environment (1990-2002)

This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.


Book Review, Scott D. Rothenberger Jun 1993

Book Review, Scott D. Rothenberger

RISK: Health, Safety & Environment (1990-2002)

Review of: FRED BLOSSER, PRIMER ON OCCUPATIONAL SAFETY AND HEALTH. (The Bureau of National Affairs, Inc. 1992) [374 pp.] Appendices (e.g., forms, OSHA Inspection Procedures, OSHA/EPA Memorandum of Understanding, statute), glossary, index, preface, table of cases. LC 91-43769; ISBN 0-87179-741-0. [$46.00 paper. 1250 23d Street, NW, Ste. 300B; Washington DC 20037.]


Procedural Choices In Regulatory Science, Sheila Jasanoff Mar 1993

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.


The Science Court: A Bibliography, Jon R. Cavicchi Mar 1993

The Science Court: A Bibliography, Jon R. Cavicchi

RISK: Health, Safety & Environment (1990-2002)

This bibliography lists articles that focus specifically on the Science Court as proposed by Professor Kantrowitz in the mid-sixties. In a separate part articles casually mentioning that proposal in assorted contexts are presented.


The Science Court: Reminiscence And Retrospective, Allan Mazur Mar 1993

The Science Court: Reminiscence And Retrospective, Allan Mazur

RISK: Health, Safety & Environment (1990-2002)

A self-described "agnostic" on the merits of the Science Court proposal describes how he independently arrived at a similar notion and played a role in efforts to secure a major test of the proposal. Professor Mazur also analyzes university-based experiments structured around that model and concludes that the controversial "judges" are probably unnecessary to achieve his original objectives.


Table Of Contents, Volume Four, Number Two, Spring 1993, Risk Editorial Board Mar 1993

Table Of Contents, Volume Four, Number Two, Spring 1993, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).


[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field Mar 1993

[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "It is a pleasure to introduce this symposium issue with its range of current thoughts about what Arthur Kantrowitz invented a little over twenty-five years ago and has since come to be known as the "Science Court." The pleasure is enhanced by being able to include papers by Dr. Kantrowitz, Allan Mazur (who worked closely with him), Carl Cranor, Itzhak Jacoby and Sheila Jasanoff - as well as an extensive list of citations to other discussions. In approaching these papers, readers may find it helpful to consider what Kantrowitz invented, he and others have attempted to improve, and the …


Elitism Vs. Checks And Balances In Communicating Scientific Information To The Public, Arthur Kantrowitz Mar 1993

Elitism Vs. Checks And Balances In Communicating Scientific Information To The Public, Arthur Kantrowitz

RISK: Health, Safety & Environment (1990-2002)

The "father of the Science Court" describes his objective in proposing the institution as it has come to be known, his efforts to get a major public test of the concept, and insights gained since the initial proposal was made in 1967.


Science Courts, Evidentiary Procedures And Mixed Science-Policy Decisions, Carl F. Cranor Mar 1993

Science Courts, Evidentiary Procedures And Mixed Science-Policy Decisions, Carl F. Cranor

RISK: Health, Safety & Environment (1990-2002)

This paper analyzes the potential for science courts to address the social need to regulate human carcinogens and concludes that, on balance, it is not high. From this vantage point, Professor Cranor suggests desiderata for application in other areas where science courts might be used.


Consensus Development At Nih: What Went Wrong, Itzhak Jacoby Mar 1993

Consensus Development At Nih: What Went Wrong, Itzhak Jacoby

RISK: Health, Safety & Environment (1990-2002)

A close observer identifies the Science Court concept as inspiring consensus development conferences at the National Institutes of Health and describes the extent to which they have followed the model. Professor Jacoby also argues that, if the model were more closely followed, conference objectives would be better realized.


Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio Jan 1993

Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio

RISK: Health, Safety & Environment (1990-2002)

This paper considers current medical and legal perspectives on patients' right to assistance in dying. In highlighting the competing policy objectives that must be resolved, it examines failed legislative initiatives in Washington and California. It also considers a pending New Hampshire proposal. The last shows the difficulty of simultaneously alleviating physician's objections and achieving proponents' goals.


Table Of Contents, Volume Four, Number One, Winter 1993, Risk Editorial Board Jan 1993

Table Of Contents, Volume Four, Number One, Winter 1993, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).


Law, Order, And The Consent Defense, Keith M. Harrison Jan 1993

Law, Order, And The Consent Defense, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …