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Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.

The Current State Of Advance Directive Law In Ohio: More Protective Of Provider Liability Than Patients Rights, Marie Ortman

Journal of Law and Health

Ohio has adopted the Modified Uniform Rights of the Terminally Ill Act which governs the use and execution of written advance directives as expressions of a patient's desire to consent to or refuse future medical treatment. However, the Act also includes a provision that grants both civil and criminal immunity to health care providers who do not comply with a person's written advance directive. Unfortunately, because of the grant of civil and criminal immunity encompassed within the adopted written advance directive statutes, Ohio law today does not afford any greater protection of a patient's right to refuse medical treatment at …

Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa

Animal Law Review

The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting …

The Use And Abuse Of Social Science In The Same-Sex Marriage Debate, Stephen A. Newman

NYLS Law Review

No abstract provided.

Regulating The Dietary Supplements Industry: Something Still Needs To Change, Debra D. Burke, Anderson P. Page

UC Law Business Journal

No abstract provided.

May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to treatment law, and right to refuse treatment law, and demonstrates the crucial roles that Dr. Sadoff has played in each of these.

Perspectives On Brown: The South African Experience, Penelope Andrews

Articles & Chapters

In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …

Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Rights of the Child, adopted by the General Assembly on November 20, 1989, articulates a comprehensive scheme of rights specifically tailored to children. International recognition of children's rights is only the first step, however. The effectiveness of the Convention on the Rights of the Child depends on the signatories' efforts to comply with its provisions and to incorporate children's rights into existing schemes of established rights. The 1996 Constitution of the Republic of South Africa includes specific rights for children resembling those articulated in the Convention on the Rights of the Child. Although South …

Nature/Culture Clash: The Transnational Trade In Gmos, Dayna Scott

All Papers

This paper aims to offer a fresh perspective into what is at stake in the cross-cultural trade dispute over genetically-modified organisms (GMOs) by subjecting a particular discursive sample, the parties’ submissions to the WTO panel, to critical scrutiny. The first step involves a survey of the rhetorical strategies deployed by the parties’ in the presentation of their arguments to the Panel. Next, I embark on the task of ‘disassembling the double helix’. My use of the term ‘double helix’ in this analysis refers to the close coupling of scientific and legal discourses in the trade regime: science and law are …

Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Ecology Of Breastfeeding, Kim Diana Connolly

Journal Articles

This essay reflects on the ecological advantages of breastfeeding, and argues that that laws promoting and supporting breastfeeding should be included among laws labeled as “environmental.”

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

Journal Articles

A survey of the commentary following the conclusion of the Theresa Marie Schiavo matter leaves one with the impression that the case was a victory for the cause of autonomy and the right of self-determination in the end-of-life context. In this essay, I seek to challenge this thesis and demonstrate that, contrary to popular understanding, it is the defenders of autonomy and self-determination who should be most troubled by what transpired in the Schiavo case. In support of this claim, I will first set forth (in cursory fashion) the underlying aim of the defenders of autonomy in this context. Then, …

Rights And The Need For Objective Moral Limits, Charles E. Rice

Journal Articles

In this article, we will examine the natural law conception that rights are rooted in human nature, which nature itself is of divine origin through creation. We will compare this natural law concept to the premises and social consequences of the secular, relativist, and individualist approaches common to the jurisprudence of the Enlightenment. This article will offer the conclusion that only a grounding of right in the nature of persons as immortal beings created by God can offer moral and cultural security against the depersonalization characteristic of regimes premised on a relativist individualism.

The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Hindsight Bias And The Subsequent Remedial Measures Rule: Fixing The Feasibility Exception, Kimberly Eberwine

Case Western Reserve Law Review

No abstract provided.

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith, Ii

Vanderbilt Journal of Transnational Law

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks--foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization.

Although advanced--and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics--attainment of such a universal right to …

Right To Know: A Diet Of The Future Presently Upon Us, Jamie E. Jorg Spence

Valparaiso University Law Review

No abstract provided.

Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reflections On Educating Latino And Latina Undocumented Children: Beyond Plyler V. Doe, Maria Pabon Lopez

Seton Hall Law Review

No abstract provided.

Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey

Georgetown Law Faculty Publications and Other Works

In this Article, however, we do not mount a critique from outside the technique of cost-benefit analysis. Instead, we examine an argument that proponents of cost-benefit analysis have offered as a linchpin of the case for cost-benefit: that this technique is neither anti- nor pro-regulatory, but rather a neutral tool for evaluating public policy. In making this argument, these proponents have often invoked the use of cost-benefit analysis to support previous regulatory decisions (their favorite example involves the phase down of lead in gasoline, which we shall shortly discuss) as a sign that this technique can be used to support …

Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead

Journal Articles

The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly …

Arresting Vaulting Pole Technology, Russ Versteeg

Vanderbilt Journal of Entertainment & Technology Law

Generally speaking, sports rules perform at least six functions, many of which overlap. Sports rules: 1) define the game; 2) promote safety; 3) prohibit unfair advantage; 4) promote administrative efficiency; 5) foster good sportsmanship; and, 6) promote fairness. Presumably, as sports evolve, rule makers must seriously consider at least two important questions when deciding how to respond to any given technological innovation that affects a sport. They must consider its potential impact on the integrity of the sport (i.e., how it affects both the definition of the game as well as whether it creates an unfair advantage and/or otherwise hinders …

Beyond The "War" On Terrorism: Towards The New Intelligence Network, Ronald D. Lee, Paul M. Schwartz

Michigan Law Review

In Terrorism, Freedom, and Security, Philip B. Heymann undertakes a wide-ranging study of how the United States can - and in his view should - respond to the threat of international terrorism. A former Deputy Attorney General of the United States Department of Justice ("DOJ") and current James Barr Ames Professor of Law at Harvard Law School, Heymann draws on his governmental experience and jurisprudential background in developing a series of nuanced approaches to preventing terrorism. Heymann makes clear his own policy and legal preferences. First, as his choice of subtitle suggests, he firmly rejects the widely used metaphor …

The Labor Dimension Of The Emerging Free Trade Area Of The Americas, Steve Charnovitz

GW Law Faculty Publications & Other Works

This study explores a potential labor dimension for the FTAA. The study is divided into four parts: Part 1 provides context by reviewing the history of Inter-American economic cooperation, especially on labor and trade. Part 2 examines how labor has been addressed in the major free trade agreements of the Americas. Part 3 looks at the normative basis for international labor cooperation. Part 4 makes specific recommendations for addressing labor issues in the FTAA. The ideas in Part 4 seek to stimulate practical, concerted action to address labor and employment problems of regional economic integration. My recommendations for the FTAA …

Lessons For Competition Policy From The Vitamins Cartel, William E. Kovacic

GW Law Faculty Publications & Other Works

Mergers have the potential for negative social welfare consequences from increased likelihood or effectiveness of future collusion. This raises the question of whether there are meaningful thresholds for the post-merger industry that should trigger significant scrutiny by the Department of Justice or Federal Trade Commission. This paper provides empirical analysis relevant to this question. The data does not come from an industry in which there were mergers, but instead from an industry in which explicit collusion was admittedly rampant in the 1990's, the Vitamins Industry. Different vitamin products are produced by different numbers of firms, and for different vitamin products, …

Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Derivatives And The Bankruptcy Code: Why The Special Treatment?, Franklin R. Edwards, Edward R. Morrison

Faculty Scholarship

The collapse of Long Term Capital Management (LTCM) in Fall 1998 and the Federal Reserve Bank's subsequent efforts to orchestrate a bailout raise important questions about the structure of the Bankruptcy Code. The Code contains numerous provisions affording special treatment to financial derivatives contracts, the most important of which exempts these contracts from the "automatic stay" and permits counterparties to terminate derivatives contracts with a debtor in bankruptcy and seize underlying collateral. No other counterparty or creditor of the debtor has such freedom; to the contrary, the automatic stay prohibits them from undertaking any act that threatens the debtor's assets. …

A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer

Human Rights & Human Welfare

A review of:

Taking Liberties: Four Decades in the Struggle for Human Rights by Aryeh Neier. New York: PublicAffairs. 400pp.

Neotrusteeship In Iraq, Tim Melvin

Human Rights & Human Welfare

This section deals with literature that examines the role and effectiveness of the Coalition Provisional Authority (CPA) in administering Iraq from 2003 till 2004. Foreign rule plays an important role in developing failed state’s infrastructure and institutions. By examining critical elements of the CPA’s administration, this section focuses on the overall success and failures of the CPA administrative capacity, and what this means for the future of Iraq’s new government. Since the cessation of the CPA, the Iraqi government has had its ups and downs and is still heavily reliant on the American presence. But some positive elements have been …