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Articles 1 - 13 of 13

Full-Text Articles in Law

The Lobbyist No. 23 (October 1998), Maine Women's Lobby Staff Oct 1998

The Lobbyist No. 23 (October 1998), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Lobbist No. 22 (August 1998), Maine Women's Lobby Staff Aug 1998

The Lobbist No. 22 (August 1998), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn Jul 1998

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

South Carolina Law Review

No abstract provided.


The Lobbyist No. 21 (April 1998), Maine Women's Lobby Staff Apr 1998

The Lobbyist No. 21 (April 1998), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum Apr 1998

The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum

Dalhousie Law Journal

The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.


The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank Jan 1998

The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank

Faculty Articles and Other Publications

The focus of this Article is twofold. First, the Article will show that EPA's reform initiatives are severely hampered by a lack of legal authority, and proposes that Congress give EPA sufficient authority to enact needed reforms. Second, this Article will address concerns that reform will lead to inferior environmental protection and public participation. This Article proposes a number of statutory provisions to ensure that, once EPA has sufficient authority to pursue its reform agenda the agency will do so in a way that avoids a diminution of public health safeguards.


Shall - Take No. 2, Debra R. Cohen Jan 1998

Shall - Take No. 2, Debra R. Cohen

Journal Articles

No abstract provided.


The Illusion Of Autonomy At The End Of Life: Unconsented Life Support And The Wrongful Life Analogy, Philip G. Peters Jr. Jan 1998

The Illusion Of Autonomy At The End Of Life: Unconsented Life Support And The Wrongful Life Analogy, Philip G. Peters Jr.

Faculty Publications

Overwhelming evidence indicates that physicians routinely ignore patient preferences about life-sustaining care. Yet, the ability of wrongfully treated patients to recover compensatory damages has recently been placed in doubt. Both courts and commentators have suggested that actions for unconsented life support are analogous to actions for wrongful life and should, for that reason, be rejected. In this article, Professor Philip Peters argues that the obvious similarity between the two kinds of claims is overshadowed by many factors that distinguish the two settings. As a result, Professor Peters concludes that a physician who wrongfully administers life-sustaining care over the objections of …


Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller Jan 1998

Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller

Journal of Health Care Law and Policy

No abstract provided.


U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner Jan 1998

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …


Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves Jan 1998

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves

Journal of Health Care Law and Policy

No abstract provided.


Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty Jan 1998

Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty

Human Rights Brief

No abstract provided.


Legislative Watch, Human Rights Brief Jan 1998

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.