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Articles 121 - 150 of 176
Full-Text Articles in Entire DC Network
Medical Malpractice Litigation In Florida: Discussion Of Problems And Recommendations, Edward L. Holloran
Medical Malpractice Litigation In Florida: Discussion Of Problems And Recommendations, Edward L. Holloran
Nova Law Review
No abstract provided.
Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald
Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald
St. Thomas Law Review
No abstract provided.
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …
Christopher Miller, Environmental Rights: Critical Perspectives, Candace Deen
Christopher Miller, Environmental Rights: Critical Perspectives, Candace Deen
Water Law Review
No abstract provided.
George Cole, Water Boundaries, Anna Litaker
Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw
Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw
Animal Law Review
The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …
A Team Production Theory Of Corporate Law, Margaret M. Blair, Lynn A. Stout
A Team Production Theory Of Corporate Law, Margaret M. Blair, Lynn A. Stout
Vanderbilt Law School Faculty Publications
Contemporary corporate scholarship generally assumes that the central economic problem addressed by corporation law is getting managers and directors to act as loyal agents for shareholders. We take issue with this approach and argue that the unique legal rules governing publicly-held corporations are instead designed primarily to address a different problem - the "team production" problem - that arises when a number of individuals must invest firm-specific resources to produce a nonseparable output. In such situations team members may find it difficult or impossible to draft explicit contracts distributing the output of their joint efforts, and, as an alternative, might …
Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo
Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo
St. Thomas Law Review
In the United States, tobacco products are heavily advertised. Advertising budgets of tobacco companies have increased more than 1,500% between 1970 and 1992. In 1993, $6.2 billion were spent by tobacco companies on advertising and promoting their products. This Comment examines whether the mail fraud statute applies where tobacco consumers read advertising printed in newspapers or magazines mailed to subscribers, in furtherance of the companies' fraudulent scheme. If so, the second element of mail fraud is satisfied, and tobacco company executives may then be held criminally liable for their fraudulent deception of the American public.
The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing
The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing
UIC Law Review
No abstract provided.
Assessing Medical Malpractice Jury Verdicts: A Case Study Of An Anesthesiology Department, Bryan A. Liang
Assessing Medical Malpractice Jury Verdicts: A Case Study Of An Anesthesiology Department, Bryan A. Liang
Cornell Journal of Law and Public Policy
No abstract provided.
Women Win The War At Vmi, Yanet Perez
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
Kentucky Law Journal
No abstract provided.
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Indiana Law Journal
No abstract provided.
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Faculty Publications
No abstract provided.
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
Touro Law Review
No abstract provided.
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
Seattle University Law Review
In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …
Legalize And Regulate: A Prescription For Reforming Anabolic Steroid Legislation, John Burge
Legalize And Regulate: A Prescription For Reforming Anabolic Steroid Legislation, John Burge
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Of Gnarled Pegs And Round Holes: Sunstein's Civic Republicanism And The American Constitution, Robert W. Bennett
Of Gnarled Pegs And Round Holes: Sunstein's Civic Republicanism And The American Constitution, Robert W. Bennett
Constitutional Commentary, Vols 1–36 (1984–2022)
Of Gnarled Pegs and Round Holes: Sunstein's Civic Republicanism and the American Constitution: A Review essay of The Partial Constitution. By Cass R. Sunstein. Cambridge, MA: Harvard University Press. 1993. Pp. vi, 414. Reviewed by: Robert W. Bennett.
Impact On The Pharmaceutical Industry Of Changes In The American Health Care System: A Physician's Perspective, Michael A. Weber
Impact On The Pharmaceutical Industry Of Changes In The American Health Care System: A Physician's Perspective, Michael A. Weber
Seton Hall Law Review
No abstract provided.
Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.
Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.
Theses Digitization Project
No abstract provided.
Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton
Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile
University of Arkansas at Little Rock Law Review
No abstract provided.
Risks To Human Health Associated With Exposure To Pesticides At The Time Of Application And The Role Of The Courts, Tybe A. Brett, Jane E.R. Potter
Risks To Human Health Associated With Exposure To Pesticides At The Time Of Application And The Role Of The Courts, Tybe A. Brett, Jane E.R. Potter
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Regulatory And Judicial Responses To The Possibility Of Biological Hazards From Electromagnetic Fields Generated By Power Lines, Sherry Young
Villanova Law Review (1956 - )
No abstract provided.
God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg
God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg
Law Faculty Scholarship
No abstract provided.
Who's Bringing Up Baby: The Need For A National Uniform Parental Leave Policy, David E. Bergquist
Who's Bringing Up Baby: The Need For A National Uniform Parental Leave Policy, David E. Bergquist
Minnesota Journal of Law & Inequality
No abstract provided.
A Note On The Aporias Of Critical Constitutionalism, Anthony Chase
A Note On The Aporias Of Critical Constitutionalism, Anthony Chase
Buffalo Law Review
No abstract provided.
Obscentiy And Film: An Empirical Dilemma, Jef I. Richards
Obscentiy And Film: An Empirical Dilemma, Jef I. Richards
Loyola of Los Angeles Entertainment Law Review
No abstract provided.