Law Commons^™

“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer

Law and Contemporary Problems

In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.

Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein

Law and Contemporary Problems

The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.

Misapplied Ethical Considerations: U.S. Federal Stem Cell Mandates Lack Global Focus And Market Foresight, Heather L. Fowler

Cornell International Law Journal

No abstract provided.

Hydrographic Surveys And Marine Scientific Research: Differences, Overlaps And Implications, Sam Bateman

Faculty of Law - Papers (Archive)

International law is clear on most issues associated with the conduct of marine scientific research (MSR) and hydrographic surveying but what is not clear is whether or not another State might conduct hydrographic surveys in an exclusive economic zone (EEZ) without the prior authorization of the coastal State. This paper reviews what is involved with MSR, hydrographic surveys and military surveys before reaching the conclusion that trends in recent decades with technology, the utility of hydrographic data and State practice require that hydrographic surveys in the EEZ should be under the jurisdiction of the coastal State. Paradoxically the arguments for …

Hipaa Regulations: A New Era Of Medical-Record Privacy?, George J. Annas

Faculty Scholarship

The new privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) become effective April 14, 2003. This article outlines the implications of the new policy for practicing physicians. The regulations will affect virtually every physician, because they apply to any health care provider who conducts any business electronically, including billing. The regulations require health care providers to provide patients with a privacy notice that informs them who will have access to their records without their explicit consent and about patients' rights to inspect and amend their own records.

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

NYLS Law Review

No abstract provided.

Arbitrage, Bioethics, And Cloning: The Abcs Ofgestating A United National Cloning Convention, George J. Annas

Faculty Scholarship

America's inability to craft a regulatory ethics of abortion has led to a
wild west of unregulated research with human embryos and pregnant
women by our private infertility industry. Because of an "all or nothing"
research mentality, it is becoming increasingly impossible to suggest
outlandish and reckless reproductive research possibilities without seeing
them actually pursued. And if even the wild west seems a bit inhospitable
to particular research goals, such as cloning to produce the genetic duplicate
of an existing person, media darlings like Severino Antinori and Zavos
Panos, and even members of the Raelian cult, clone press conferences
(since …

Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring

Articles

This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes.

The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their long term well-being. Among other implications, this study may justify public child welfare …

Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor

Erik Ugland

No abstract provided.