Digital Commons Network^™

An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames

Fordham Environmental Law Review

No abstract provided.

Justice Blackmun And The Good Physician: Patients, Populations, And The Paradox Of Medicine, Ann Alpers

UC Law Constitutional Quarterly

Justice Blackmun made unique contributions to law and medicine. In particular, he had a vision of the relationship between doctors and patients that respected both the professional integrity of the physician and the autonomy of the patient. Examination of several of Justice Blackmun's opinions yields a nuanced view of the complex ties between professional care givers and the patients whom they serve. In particular, the Justice valued maintaining the confidentiality of medical information, respecting the role played by allied health professionals in providing comprehensive care to patients, and ensuring that patients gave informed consent to medical care. Most important, Justice …

Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

The result of the monumental shifts in the structure and financing of health care delivery is that at the very time that medical innovations have made possible significant improvements in the quality and quantity of life for people with chronic illnesses, those who are responsible for paying for Americans' health care, in government and the private sector, seem to have finally said “Enough! We must cut costs, and cut them dramatically, and the simplest, most direct way of cutting costs is to deny coverage for certain kinds of treatments and certain kinds of illnesses.” People with HIV and AIDS are …

Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole

Books & Book Chapters by Maurer Faculty

Under socialism, Poland suffered tremendous environmental devastation. After socialism, Poland's environmental performance has improved remarkably. This book explains that system-specific institutions of socialism undermined environmental protection by creating regulatory conflicts of interest that led the Party/state to soften budget and law constraints on polluters. Those problems have diminished in post-Communist Poland as socialist legal, political and economic institutions have been replaced by liberal-democratic institutions and competitive markets. The analysis carries important implications for an institutional theory of environmental protection.

Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla

Faculty Scholarship

This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …

The Timor Gap Treaty As A Model For Joint Development In The Spratly Islands, Lian A. Mito

American University International Law Review

No abstract provided.

Law's Alienation: Furies And Nomoi And Bears (And Nuns), Emily Fowler Hartigan

Marquette Law Review

No abstract provided.

Bridging The Great Divide: Sewrpc, Politics, And Regional Cooperation, James J. Casey Jr.

Marquette Law Review

No abstract provided.

Against Cyberanarchy, Jack L. Goldsmith

Articles

No abstract provided.

Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld

Articles

Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …

Fasb's Folly: A Look At The Misguided New Rules On Dericatives Valuation And Disclosure, Michael S. Lesak

Loyola University Chicago Law Journal

No abstract provided.

Piercing The Shield: Reporter Privilege In Minnesota Following State V. Turner, Nancy V. Mate

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus

Maryland Law Review

No abstract provided.

The Impact Of Fiscal Limits On Governance, John J. Kirlin

UC Law Constitutional Quarterly

Beyond limiting governmental revenues or expenditures, fiscal limits affect governance capacity, the ability to make and effectuate collective choices for a geographically bounded grouping of humans, sustained over time. These effects are visible in California's experience with Proposition 13 and other fiscal limits. Reductions in growth rates of revenues, a political culture constraining governmental action, and tighter constraints on fiscal choices combine to make governments less useful instruments of collective action.

Professor Kirlin argues that the indirect impacts of fiscal limits include diminished intelligibility, reduced visibility, and reduced accountability of governmental activities, yielding increased transaction costs for governments, citizens and …

Affirmative Action And Texas’ Ten Percent Solution: Improving Diversity And Quality, David Orentlicher

Scholarly Works

No abstract provided.

The Russian Securities Markets: Regulation And Practice

NYLS Journal of International and Comparative Law

No abstract provided.

A Comparison Of Medicaid Managed Mental Health Care In Ahca Areas 6 & 4, M. Susan Ridgely, Julienne A. Giard, Kristen Snyder, Pat Robinson

Mental Health Law & Policy Faculty Publications

No abstract provided.

The Several Futures Of Property: Of Cyberspace And Folk Tales, Emission Trades And Ecosystems, Carol M. Rose

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Playing Noah, John Copeland Nagle

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Medicaid Managed Mental Health Care Arrangements In Ahca Area 6: Organizational, Financial And Clinical Structures, M. Susan Ridgely, Julienne A. Giard, Kristen Snyder

Mental Health Law & Policy Faculty Publications

This report, the first full report on the organizational, financial and clinical structures of the managed mental health care interventions in AHCA Area 6, is presented in the following sections. In Section 2 , we describe the methods used to identify, obtain and analyze information on the nine managed care plans operating in Area 6. In Section 3, we provide a chronology of events related to Medicaid managed care and then describe the Medicaid service delivery system in AHCA Area 6, providing contextual data on the number of Medicaid recipients enrolled in managed care plans, the number of MCOs and …

A New Age Of Federalism, Thomas W. Merrill

Faculty Scholarship

Federalism has been in the news a lot over the past few years. The Republican-controlled Congress has enacted restrictions on the imposition of unfunded federal mandates on state governments and has passed significant welfare reform, one of the keys to which is greater state freedom in the implementation of welfare programs. The President, although often seen as resisting the more extreme Republican proposals for devolution, is himself something of an advocate for states’ rights. Clinton was a governor before he was President, and in that capacity he experienced a number of frustrations with federal red tape. Perhaps as a result, …

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

Similar Harm Means Similar Claims: Doing Away With Davis V. Bandemer'S Discriminatory Effect Requirement In Political Gerrymandering Cases, Megan Creek Frient

Case Western Reserve Law Review

No abstract provided.

Cloning, Genetic Engineering, And The Limits Of Procreative Liberty, Maura A. Ryan

Valparaiso University Law Review

No abstract provided.

The "Shared Risk" Of Potential Tort Liability Of Health Maintenance Organizations And The Defense Of Erisa Preemption, Vicki Lawrence Macdougall

Valparaiso University Law Review

No abstract provided.

Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia

Michigan Journal of International Law

This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.

Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.

Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline

Fordham Urban Law Journal

The Supreme Court's decision in Shaw V. Reno forbade the drawing of congressional district lines so that minorities would make up a larger percentage of the voting population. This note explores the tension between this ruling and the section of the Voting Rights Act requiring that minorities be fully represented within their congressional districts. It argues that the two rulings do not necessarily conflict. It concludes that the Court should clarify the meaning and role of "compactness" in redistricting and provide guideposts for legislators litigants, and courts involved in the reapportionment process.