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Public Privacy (Self-Government), Patrick O. Gudridge Apr 1999

Public Privacy (Self-Government), Patrick O. Gudridge

University of Miami Law Review

No abstract provided.


An Application Of The Chevron Doctrine To The Eeoc's Interpretation Of The Ada: Why Mitigating Measures Must Be Considered When Evaluating A Disability, Thais Hernandez Apr 1999

An Application Of The Chevron Doctrine To The Eeoc's Interpretation Of The Ada: Why Mitigating Measures Must Be Considered When Evaluating A Disability, Thais Hernandez

University of Miami Business Law Review

No abstract provided.


Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler Apr 1999

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

William & Mary Law Review

No abstract provided.


Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald T. Hornstein Apr 1999

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.


When Arsenic Is Safer In Your Cup Of Tea Than In Your Local Water Treatment Plant, Sue E. Umshler Mar 1999

When Arsenic Is Safer In Your Cup Of Tea Than In Your Local Water Treatment Plant, Sue E. Umshler

Student Thesis Honors (1996-2008)

The arsenic drinking water standard has been an issue for over fifty years and a hot debate topic since 1977. The Safe Drinking Water Act Amendments of 1996 require the Environmental Protection Agency to promulgate a proposed regulation by January 1, 2000 and a final National Primary Drinking Water Regulation by January 2, 2001. This paper examines the health benefit and cost issues for various Maximum Contaminant Levels of arsenic exposure and examines some of the social and environmental consequences of setting the standard too low. The author proposes three alternatives for the proposed rule and concludes that the present …


Looking Back: Cyclamate, Allan Mazur, Kevin Jacobson Mar 1999

Looking Back: Cyclamate, Allan Mazur, Kevin Jacobson

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

The second in a series re-evaluating hazards identified in the 1950s and 60s.


Providing Outpatient Prescription Drugs Through Medicare: Can We Afford To? Can We Afford Not To?, Robin J. Strongin Mar 1999

Providing Outpatient Prescription Drugs Through Medicare: Can We Afford To? Can We Afford Not To?, Robin J. Strongin

National Health Policy Forum

The continuing debate over the issue of Medicare coverage for outpatient prescription drugs gave rise to this background paper, which discussed several key questions: Whose responsibility is it to provide coverage? Who should be covered? What should be covered? Who should pay for prescription drug coverage? How should costs be controlled? In addition, the paper explored options for structuring a Medicare outpatient prescription drug benefit. It also contained a glossary.


Vol. 22 No. 1 (1999): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1999

Vol. 22 No. 1 (1999): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …


Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink Feb 1999

Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink

William & Mary Bill of Rights Journal

In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.


The Quality Of Mercy Is Not Strained: Interpreting The Notice Requirement Of The Federal Tort Claims Act, Ann Mcguire Feb 1999

The Quality Of Mercy Is Not Strained: Interpreting The Notice Requirement Of The Federal Tort Claims Act, Ann Mcguire

Michigan Law Review

Under the Federal Tort Claims Act of 1946 {FfCA), the United States is liable for tort claims "in the same manner and to the same extent as a private individual under like circumstances." This limited waiver of sovereign immunity, subject to certain exceptions, grants federal district courts exclusive jurisdiction over civil tort actions against the United States for money damages. The Act requires a claimant suing the United States to file her claim first with the appropriate administrative agency. If the agency denies the claim, it mails a notice of final denial, and the claimant then has six months to …


Filling The Geriatric Gap: Is The Health System Prepared For An Aging Population?, Janet Firshein Jan 1999

Filling The Geriatric Gap: Is The Health System Prepared For An Aging Population?, Janet Firshein

National Health Policy Forum

This issue brief explores the field of geriatrics, the ways practitioners meet the health care needs of the elderly, training gaps, and the impact of Medicare payment policies on the delivery of health care to older Americans.


The Right To Die And The Ninth Amendment: Compassion And Dying After Glucksberg And Vacco, Robert M. Hardaway, Miranda K. Peterson, Cassandra Mann Jan 1999

The Right To Die And The Ninth Amendment: Compassion And Dying After Glucksberg And Vacco, Robert M. Hardaway, Miranda K. Peterson, Cassandra Mann

Sturm College of Law: Faculty Scholarship

Part I reviews the historical development of physician assisted suicide, describes current medical practices and physicians' attitudes, and outlines the related legal debate over euthanasia. Part II explains the statutory and case law precedent of physician-assisted suicide. This Part also examines the factual and procedural history of the Supreme Court's decisions in Glucksberg and Vacco. Part III explores the Ninth Amendment issues which the Court failed to address in Glucksberg and Vacco, and argues that a right to die exists under existing Ninth Amendment precedent. This part also provides recommendations for a model Dignity in Dying statute that would comply …


Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson Jan 1999

Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe Jan 1999

Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe

Florida State University Law Review

No abstract provided.


Health And Welfare / Chapter 658: California's Health Care Decisions Law, Jeanine Lewis Jan 1999

Health And Welfare / Chapter 658: California's Health Care Decisions Law, Jeanine Lewis

McGeorge Law Review

No abstract provided.


Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer Jan 1999

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins Jan 1999

Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins

UIC John Marshall Journal of Information Technology & Privacy Law

Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …


The Orphan Drug Act: What's Right With It, Gary Pulsinelli Jan 1999

The Orphan Drug Act: What's Right With It, Gary Pulsinelli

Scholarly Works

No abstract provided.


Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein Jan 1999

Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein

Articles

No abstract provided.


Controlling The Costs Of Alternative Medicine, Lior Strahilevitz Jan 1999

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

Articles

No abstract provided.


Women And The International Monetary Fund, Jane Lee Saber Jan 1999

Women And The International Monetary Fund, Jane Lee Saber

ILSA Journal of International & Comparative Law

Madam chair, distinguished guests, ladies and gentlemen: It is my privilege to be here today, to discuss the progress that the world has made in ensuring the rectification of facts presented at Seneca, some 150 years ago.


A Survey Of Florida Law Governing Foster Care In Comparison To The United Kingdom And Canada, Alyssa R. Zebrowsky Jan 1999

A Survey Of Florida Law Governing Foster Care In Comparison To The United Kingdom And Canada, Alyssa R. Zebrowsky

ILSA Journal of International & Comparative Law

A grand jury report issued in the spring of 1998 provided that the children of Broward County, Florida, placed in the protection of the Department of Children and Families ("DCF"), are in peril.


What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz Jan 1999

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.


The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen Jan 1999

The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen

Washington International Law Journal

China is currently the leading source of babies for intercountry adoption in the United States. This Comment explores the causes of this phenomenon, and the ability of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption to serve the interests of both the abandoned and orphaned children, and the adoptive parents under these specific circumstances.


Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina Jan 1999

Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina

Journal of Law and Health

This Note will examine the dangers associated with current dietary supplement regulation under the DSHEA and the problem of ill-informed consumers. As reflected in the title of this Note, misconceptions about dietary supplement regulation are abundant; consequently, section II of this Note will further discuss and offer illustrations in support of this position. Part III gives an overview of current regulation under the Dietary Supplement Health and Education Act of 1994. Also a brief discussion of the legislation that preceded the DSHEA is offered in section VI. Part V of this Note analyzes and defines the dietary ingredients that are …


Food For Sport Or Faustian Bargain: Regulating Performance Enhancing Dietary Supplements, Jennifer Kay Braman Jan 1999

Food For Sport Or Faustian Bargain: Regulating Performance Enhancing Dietary Supplements, Jennifer Kay Braman

Cleveland State Law Review

The defining line between legal and illegal substance-between dietary supplement and drug is horribly skewed. Accordingly, Part I of this Note will investigate the complexities that exist with regard to the classification and regulation of dietary supplements, looking at the history leading to the passage of the governing Dietary Health and Supplement Act of 1994. Part II will focus on supplements that consumers may use for performance enhancement purposes, and the regulation of sports products. Part III will look at the regulatory debate over dietary supplements, the andro product example and the interrelationship between drugs and sport. Part IV will …


Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel Jan 1999

Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel

Journal of Health Care Law and Policy

No abstract provided.


The Role Of The Physician In End-Of-Life Care: What More Can We Do?, Dewitt C. Baldwin Jr. Jan 1999

The Role Of The Physician In End-Of-Life Care: What More Can We Do?, Dewitt C. Baldwin Jr.

Journal of Health Care Law and Policy

No abstract provided.


Medicaring: Quality End-Of-Life Care, Anne M. Wilkinson, Janet Heald Forlini Jan 1999

Medicaring: Quality End-Of-Life Care, Anne M. Wilkinson, Janet Heald Forlini

Journal of Health Care Law and Policy

No abstract provided.


Caring For The Dying: The Importance Of Nursing, Patricia A. Grady Jan 1999

Caring For The Dying: The Importance Of Nursing, Patricia A. Grady

Journal of Health Care Law and Policy

No abstract provided.