Digital Commons Network^™

State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich

Faculty Publications

Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …

The Public Sensibilities Forum, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

When Inclusion Leads To Exclusion: The Uncharted Terrain Of Community Participation In Economic Development, Audrey Mcfarlane

All Faculty Scholarship

Since the advent of federally-sponsored urban development, the federal government has sought to facilitate decentralized decision-making by local governments. These federal programs have also strongly encouraged local governments to include community participation in the development decision-making process. Participation evokes notions of democracy, egalitarianism, and inclusion and it is easy to support in principle. But participation is often less easy to support in practice because of its structural disconnect with urban development. This disconnect between principle and practice has been reflected in an ebb and flow of contrastingly strong and weak mandates for participation. This ebb and flow of federally-mandated participation …

Franchise Law Update, Deborah S. Coldwell, Judith R. Blakeway, Clifford B. Husted, Susan Vincent

SMU Law Review

No abstract provided.

Limitations On The Consumer's Right To Know: Settling The Debate Over Labeling Of Genetically Modified Foods In The United States

San Diego Law Review

Following this introduction, Part II of this Comment begins by providing some background to the scientific and regulatory nature of the GM food debate.26 Due to the dispute that is likely to center around the FDA's recent decision, Part El of this Comment addresses the precedent that supports the FDA's actions and demonstrates that the FDA has acted appropriately under the circumstances. Part IV adopts and applies a balancing approach designed to evaluate whether mandatory labeling initiatives are appropriate to protect the consumer's right to know. When weighing the rights of the food suppliers (i.e., those that would be burdened …

Creating And Supporting The Proxy-Decider: The Lawyer-Proxy Relationship, Nancy N. Dubler

Georgia Law Review

Advance directives have been identified as the "quick fix" of bioethics. The logic goes something like this: If we could only get patients to tell us, in advance of disability, the specifics of the health care they would want to receive in the future, we could put our ethical and legal qualms aside and march ahead with care that we know is patient appropriate and legally protected. If we could only get the patient to commit, we could proceed with moral certainty and risk assurance. If we could only be given explicit instructions, we could act accordingly and be comfortable …

Chevron's Domain, Thomas W. Merrill, Kristin E. Hickman

Faculty Scholarship

The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Counsel, Inc. dramatically expanded the circumstances in which courts must defer to agency interpretations of statutes. The idea that deference on questions of law is sometimes required was not new. Prior to Chevron, however, courts were said to have such a duty only when Congress expressly delegates authority to an agency "to define a statutory term or prescribe a method of executing a statutory provision.^" Outside this narrow context, whether courts would defer to an agency's legal interpretation depended upon multiple factors that courts evaluated in …

Publication Rules In The Rulemaking Spectrum: Assuring Proper Respect For An Essential Element, Peter L. Strauss

Faculty Scholarship

Imagine a visitor who seeks to catalog the variety of written texts American government uses to communicate its powers and its citizens' rights and obligations. She might organize those texts into the following pyramid:

• A Constitution, adopted by "the people"

• Hundreds of statutes, adopted by an elected Congress

• Thousands of regulations, adopted by politically responsible executive officials

• Tens of thousands of interpretations and other guidance documents, issued by responsible bureaus

• Countless advice letters, press releases, and other statements of understanding, generated by individual bureaucrats

On inquiry she would find that we understand passably well the …

In Search Of The Qualitative Clear Majority: Democratic Experimentalism And The Quebec Secession Reference, Cristie Ford

All Faculty Publications

This article attempts to marry direct democratic deliberation with the enforcement of important constitutional norms in the context of a real-life policy question. The question is the secession of Quebec from Canada. The article argues that a referendum is neither the most legitimate nor the most effective way to address the issue. The debate over Quebec's future must be reoriented by reference to the broad normative framework set out by the Supreme Court of Canada in the Reference Re Secession of Quebec, [1998] 2 S.C.R. 217, combined with a new democratic process. This article introduces an innovative constitutional model called …

The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas

Faculty Scholarship

The subject is law at the beginning and end of life. Most of my work is in the area of general health law: law and medicine, public health law, and health and human rights. But this is my favorite subject area, and I expect you to ask me the hardest questions you can. I am not saying I can answer them, but if I cannot that is my fault, not yours. I am going to make a pretty broad argument today about law and medicine; specifically about how new medical technology and medical practice standards have eclipsed religion (and sometimes …

Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas

Faculty Scholarship

Conjoined twins have been the subject of scientific exhibits, medical study, human curiosity, and even entertainment, but until the year 2000, conjoined twins had never been the subject of a courtroom battle. A unique case that was the subject of two British court decisions deserves study.1 The case illustrates the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children — particularly when parents and physicians disagree about what should be done.

A Poor Measure Of The Wrong Thing: The Food Stamp Program's Quality Control System Discourages Participation By Working Families, Ed Bolen

UC Law Journal

This Note examines how the Food Stamp Program's quality control system has contributed to an unprecedented drop in the number of households receiving food stamps. Since the only practical measure of the program's effectiveness is the rate of error in distributing benefits, state administrators face tremendous pressure, in the form of fiscal sanctions from the federal government, to reduce errors. That emphasis has resulted in state policies designed to eliminate errors, but these state policies have had a harmful side-effect in discouraging, if not preventing, otherwise eligible households from participating in the program. This is due, in part, to the …

Law As Interpretation, Charles W. Collier

Chicago-Kent Law Review

This Article situates the field of law within the interpretive disciplines and analyzes a number of key legal issues as problems of interpretation. The discussion begins with some historically important interpretive paradigms and methodological metaphors in the natural sciences, the humanities, and the social sciences. Then, within the field of law, a common law narrative, a constitutional narrative, and a community-society paradigm are described and explicated as basic interpretive frameworks of legal decision making.

Microfinance And Poverty Alleviation: Lessons From Indonesia's Village Banking System, Yoko Miyashita

Washington International Law Journal

Indonesia needs an aggressive poverty reduction strategy to counter the 1997 Asian financial crisis, which has propelled millions of its citizens into poverty. Microfinance is a proven method of reducing poverty and has been successfully used within Indonesia in government-supported programs. In addition to continuing its state-run microfinance programs, Indonesia should support increased non-governmental organization ("NGO") participation in microfinance programs by permitting NGOs to conduct the full range of activities of a state-run microfinance program. Such a move would help to ensure that microfinance services reach people with the least access to the formal financial sector.

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

The Globalization Of Baseball: A Latin American Perspective, Angel Vargas

Indiana Journal of Global Legal Studies

No abstract provided.

The Parental Rights Of Minors, Emily Buss

Buffalo Law Review

No abstract provided.

Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris

University of the District of Columbia Law Review

No abstract provided.

Buying A Wife But Saving A Child: A Deconstruction Of Popular Rhetoric And Legal Analysis Of Mail-Order Brides And Intercountry Adoptions, Ryiah Lilith

Buffalo Women's Law Journal

No abstract provided.

Food Safety In The United States And The European Union: Sequel To A Case Study, Bryan Harris

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

The author reports on recent regulatory and legislative developments in the United States and European Union relating to toys imbedded in candy.

Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly

Buffalo Human Rights Law Review

No abstract provided.

First Amendment - Commercial Speech - Fda Cannot Prohibit Unsubstantiated Health Claims From The Labels Of Dietary Supplements When A Disclaimer About The Lack Of Approval May Render Claim Truthful - Pearson V. Shalala, 164 F.3d 650 (D.C. Cir. 1999)., Tara M. Schroeder

Seton Hall Constitutional Law Journal

No abstract provided.

Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Informed Consent: Does The First Amendment Protect A Patient's Right To Choose Alternative Treatment?, Anna Karpman

NYLS Journal of Human Rights

No abstract provided.

Some Thoughts On The Meaning And Scope Of The Montana Constitution's "Dignity Clause" With Possible Applications, Matthew O. Clifford, Thomas P. Huff

Montana Law Review

Some Thoughts on the Meaning and Scope of the Montana Constitution's "Dignity Clause"

The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness

Law Faculty Scholarly Articles

There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …

Faithful, Gary L. Gill-Austern

Journal of Dispute Resolution

The term "facilitative mediation" reminds me of the term "Old Testament." As we Jews from time to time have reminded Christians, the Jewish people call their canon the Tanakh, or, in English, the Hebrew Scriptures. That the same thirty-nine books - Genesis, Exodus, and so on - are labeled "Old Testament" by others indicates that another (later) religious community believes that an event occurred that requires what came before to be interpreted through the prism of an intervening event or reality. For Christians, this is expressed in the New Testament. Returning, then, to the current discussion, it takes a partisan …

7th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, George J. Miller, W. Kevin Smith, James G. Fogle, Theresa C. Gilbert, Donna H. Terry

Continuing Legal Education Materials

Materials from the 7th Biennial Employment Law Institute held by UK/CLE in June 2000.

Prevalence And Risk Factors For Potentially Avoidable Hospitalization Of Medicaid-Enrolled Assisted Living Residents, Marion Becker, Timothy Boaz, Ross Andel, Joshua Digennaro

Mental Health Law & Policy Faculty Publications

No abstract provided.

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …