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Full-Text Articles in Law
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Duke Journal of Gender Law & Policy
[...] the risk of incest and consanguinity11 are prevalent with anonymous donation12 since there is no monitoring of the number of live births per donor. [...] the number of children born from sperm donation has doubled in recent years.30 Although sperm may be donated by a relative or close friend of the couple or individual, often the sperm is donated anonymously through a sperm bank or clinic.
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
Law and Contemporary Problems
At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Law and Contemporary Problems
Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Law and Contemporary Problems
Sloan and Hall reflect on whether the market defects identified explain why the managed care revolution has stalled and whether patient protection laws can help put managed care back on track. From a perspective of reliance on market forces to achieve socially desirable outcomes, the fundamental failure of managed care is the failure to produce competing systems of health care delivery that force competitive processes and consumer choice to focus on trade-offs between the cost and quality of care.
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Law and Contemporary Problems
It is debated whether it is possible to liberalize markets successfully by means of introducing unrestrained competition only, or whether it is necessary to have regulators to supervise the opening of markets in adversarial administrative proceedings. Switzerland's problems and solutions in regards to the liberalization of its telecommunications industry are described.
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney
Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney
Law and Contemporary Problems
The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.
Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott
Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott
Law and Contemporary Problems
Reflections are presented on how Pres Clinton should improve the deeply troubled relationship between the OMB and other government agencies. No president would dream of abolishing review of agency actions by the OMB.
Strategic Regulators And The Choice Of Rulemaking Procedures: The Selection Of Formal Vs. Informal Rules In Regulating Hazardous Waste, James T. Hamilton, Christopher H. Schroeder
Strategic Regulators And The Choice Of Rulemaking Procedures: The Selection Of Formal Vs. Informal Rules In Regulating Hazardous Waste, James T. Hamilton, Christopher H. Schroeder
Law and Contemporary Problems
The selection of decisionmaking procedures by regulatory agencies is examined, using the EPA and its implementation of the Resource Conservation and Recovery Act as a source of data. The role that congressional selection of agency procedures plays in the efforts of Congress to control agency policy is refined.
Improving The Environment Of Agency Rulemaking: An Essay On Management, Games, And Accountability, Jerry L. Mashaw
Improving The Environment Of Agency Rulemaking: An Essay On Management, Games, And Accountability, Jerry L. Mashaw
Law and Contemporary Problems
Rulemaking by federal administrative agencies tends to be viewed more as a problem than as a solution today. It is argued that if policymaking by rule has become moribund, there is a need to reconsider the structure of agency rulemaking as a mechanism of governance.
Anatomy Of A Regulatory Program: Comment On “Strategic Regulators And The Choice Of Rulemaking Procedures”, Jeffrey S. Lubbers
Anatomy Of A Regulatory Program: Comment On “Strategic Regulators And The Choice Of Rulemaking Procedures”, Jeffrey S. Lubbers
Law and Contemporary Problems
James Hamilton and Christopher Schroeder's (1994) article on agency behavior shed light on the issue of whether agency rulemaking may be "ossifying." Certain types of agency rules are much more likely to be accompanied by at least one guidance document.
On Pressing Mcnollgast To The Limits: The Problem Of Regulatory Costs, Michael Asimow
On Pressing Mcnollgast To The Limits: The Problem Of Regulatory Costs, Michael Asimow
Law and Contemporary Problems
The rationale for and the utility of the procedures that an administrative agency must follow in order to adopt rules are discussed. The Administrative Procedure Act's rulemaking procedure is examined for cost effectiveness.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
Law and Contemporary Problems
An attempt is made to disperse some of the regulatory haze created by the various philosophies of corporate governance within the EC. Understanding the different systems of takeover regulation within the European countries Before attempting an acquisition can provide a company with more than just important technical knowledge about the requirements of an acquisition.
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Law and Contemporary Problems
An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Law and Contemporary Problems
An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Law and Contemporary Problems
The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
Law and Contemporary Problems
A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
Law and Contemporary Problems
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
Law and Contemporary Problems
Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Comment On Donohue, Danny Boggs
Comment On Donohue, Danny Boggs
Law and Contemporary Problems
A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.