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Significant Employment Law Decisions In The 1997-98 Term: A Clarification Of Sexual Harassment Law And A Broad Definition Of Disability, Vicki J. Limas

Tulsa Law Review

No abstract provided.

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.

Vol. 8, No. 2 (Fall 1998)

Alumni Update

No abstract provided.

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery

University of Michigan Journal of Law Reform

Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify …

Don't Judge Me By My Genes: A Survey Of Federal Genetic Discrimination Legislation, Kourtney L. Pickens

Tulsa Law Review

No abstract provided.

Vol. 15, No. 01 (August 31, 1998)

Indiana Law Annotated

No abstract provided.

Fourteenth Amendment & 42 U.S.C. § 12182 - The Americans With Disabilities Act Of 1990 - Persons With Asymptomatic Hiv Infection Are Entitled To Ada Protection From Discrimination And Such Condition Qualifies As A Physical Impairment That Substantially Limits The Major Life Activity Of Reproduction - Bragdon V. Abbott, 118 S. Ct. 2196 (1998)., Gary J. Ruckelshaus

Seton Hall Constitutional Law Journal

No abstract provided.

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …

A Child's View Of Recovery Under The National Childhood Vaccine Act Or "He Who Hesitates Is Lost", Leonard D. Pertnoy

Montana Law Review

A Child's View of Recovery Under the National Childhood Vaccine Act or "He Who Hesitates is Lost"

The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth

Washington and Lee Law Review

No abstract provided.

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

RISK: Health, Safety & Environment (1990-2002)

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.

Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp

Student Thesis Honors (1996-2008)

Madrid v. Lincoln County Medical Center is the first New Mexico case to recognize a cause of action for the negligent infliction of emotional distress (NIED) arising from possible exposure to the virus that causes acquired immunodeficiency syndrome (AIDS). The court in Madrid held that recognition of emotional distress claims arising out of a negligently created fear of contracting the human immunodeficiency virus (HIV) through a medically sound channel of transmission does not require proof of actual exposure to the virus. In arriving at its decision, the Madrid court rejected the tort-recovery principles formulated in the "fear of future disease" …

The Benefits Of Low-Earth Orbiting Satellite Technology For The International Community: Can The Potential Be Realized, Mark Nogueira

Indiana Journal of Global Legal Studies

No abstract provided.

Globalizing The Environment, David A. Wirth

William & Mary Environmental Law and Policy Review

No abstract provided.

The Ethics Of Contact Tracing Programs And Their Implications For Women, Nancy E. Kass, Andrea Carlson Gielen

Duke Journal of Gender Law & Policy

No abstract provided.

Piercing The Veil Of Secrecy In Hiv/Aids And Other Sexually Transmitted Diseases: Theories Of Privacy And Disclosure In Partner Notification, Lawrence O. Gostin, James G. Hodge Jr.

Duke Journal of Gender Law & Policy

No abstract provided.

A Waiting Room Of Their Own: The Family Care Network As A Model For Providing Gender-Specific Legal Services To Women With Hiv, Jeffrey Selbin, Mark Del Monte

Duke Journal of Gender Law & Policy

No abstract provided.

Hiv, Women, And Access To Clinical Trials: Tort Liability And Lessons From Des, Anna C. Mastroianni

Duke Journal of Gender Law & Policy

No abstract provided.

The Opinion Volume 38 Number 13 – March 30, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 30, 1998. Includes SBA election insert.

The Value Of Preventing Cryptosporidium Contamination, Patricia Kocagil, Nadia Demarteau, Ann Fisher, James S. Shortle

RISK: Health, Safety & Environment (1990-2002)

The authors evaluate the need for preventing illnesses and fatalities caused by Cryptospiridium contamination of water supplies based on the impacts of recent and likely future outbreaks.

The Mandatory Continuing Legal Education (Mcle) Debate: Is It Improving Lawyer Competence Or Just Busy Work?, Lisa A. Grigg

Brigham Young University Journal of Public Law

No abstract provided.

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …

Is Emissions Trading An Economic Incentive Program?: Replacing The Command And Control/Economic Incentive Dichotomy, David M. Driesen

Washington and Lee Law Review

No abstract provided.

Vol. 14, No. 06 (February 16, 1998)

Indiana Law Annotated

No abstract provided.

Vol. 14, No. 05 (February 9, 1998)

Indiana Law Annotated

No abstract provided.

Is Hiv "Extraordinary"?, Jordan B. Hansell

Michigan Law Review

The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …

Vol. 14, No. 03 (January 26, 1998)

Indiana Law Annotated

No abstract provided.

An Analysis Of The North American Agreement On Environmental Cooperation, Aimee L. Weiss

ILSA Journal of International & Comparative Law

Nogales, Mexico is a city along the United States and Mexico border that is often referred to as "Paradise Lost

Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen

College of Law - Faculty Scholarship

Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …