Digital Commons Network^™

Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Knowledge Or Consent, Robin Fretwell Wilson

Journal of Health Care Law and Policy

No abstract provided.

Faster, Higher, Stronger? Federal Efforts To Criminalize Anabolic Steroids And Steroid Precursors, Adrian Wilairat

Journal of Health Care Law and Policy

No abstract provided.

Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics, And Global Trade, Uché Ewelukwa

University of Miami Law Review

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford

Fordham Law Review

No abstract provided.

Factors To Consider When Evaluating School Accountability Results Education, Legislation, Law & Social Science Research, Alex Duran

The Journal of Law and Education

No abstract provided.

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

The Death Of The Living Will, Carl E. Schneider, Angela Fagerlin

Law Quadrangle (formerly Law Quad Notes)

Enough. The living will has failed, and it is time to say so.

We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs.

The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard

Articles

No abstract provided.

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman

Animal Law Review

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …

Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein

Articles

How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha

Articles

No abstract provided.

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Has Spam Been Fried? Why The Can-Spam Act Of 2003 Can't: Regulation Of Unsolicited Commercial Electronic Mail And The Can-Spam Act Of 2003, John W. Daniel

Kentucky Law Journal

No abstract provided.

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

From Cruzan To Schiavo: Similar Bedfellows In Fact And At Law, Edward J. Larson

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Killing Terri Schiavo, Michael Stokes Paulsen

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen

Articles

This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should courts tolerate? Class actions seeking monetary damages would be much less controversial if all class members were identically situated. In an imagined world of perfect homogeneity, shifting from an individualized to an aggregative mode of adjudication would promote efficiency, mitigate collective action problems, and counterbalance defendants' inherent economies-of-scale without sacrificing accuracy or redistributing entitlements among class members. In the real world, however, most classes encompass …

Pricelessness And Life: An Essay For Guido Calabresi , Gregory C. Keating

Maryland Law Review

No abstract provided.

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.

State-Building In Afghanistan, Melanie Kawano, Amy Mcguire

Human Rights & Human Welfare

Since the U.S. intervention in Afghanistan in late 2001, Afghan citizens and members of the global community have been grappling with the question of how to build a state that can fill the void created by decades of conflict and violence. However, the concept of “state-building” is complex. The term describes both an internal process and international assistance; it requires short-term action as well as a long-term vision. While no precise formula for state-building exists, there are historical precedents and “models” of state-building expressed by great powers and multilaterals. In reality, however, these are based on best guesses that fail …

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …

Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne

Cardozo Journal of Equal Rights & Social Justice

The article argues that biological and psychological differences between sexes contribute to the underrepresentation of women in certain fields, challenging the assumption that equal representation is always the appropriate goal. It critiques the notion that disparities necessarily indicate systemic flaws, emphasizing that freedom of choice should allow for different occupational outcomes without implying discrimination.

Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet

Journal of Health Care Law and Policy

No abstract provided.

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy, Adam M. Samaha

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Terri Schiavo: A Right To Life Denied Or A Right To Die Honored?, Robert P. George

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Family Conflict And Family Privacy: The Constitutional Violation In Terri Schiavo's Death, Robert A. Burt

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Human Services Needs Assessment - Qualitative Data: Public Forums, Mail Surveys, Focus Groups, And Interviews, Julienne Giard, Peter Gamache

Mental Health Law & Policy Faculty Publications

Researchers at the Florida Mental Health Institute, University of South Florida, under contract to the Pinellas County Human Services Department, collected data over several months in 2004 from people in Pinellas County for a human services needs assessment. Human Services was defined in collaboration with the county as including four areas: homeless services, health care, mental health and substance abuse services, and basic needs. This report details the methods and findings from data collected at public forums, focus groups, key informant interviews, and through open-ended questions on the mail surveys to providers and citizens/consumers.

Sports Medicine: Doping, Disability & Health Quality: Keynote Address, Richard W. Pound

Saint Louis University Law Journal

No abstract provided.