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Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey May 1998

Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey

Brigham Young University Journal of Public Law

No abstract provided.


Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework , Donna M. Nagy May 1998

Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework , Donna M. Nagy

Cornell Law Review

No abstract provided.


Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins Apr 1998

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland


Can Trade Promote An Ecologically Secure World--The Global Economy From An Ecological Footprint Perspective, Mathis Wackernagel Ph.D. Apr 1998

Can Trade Promote An Ecologically Secure World--The Global Economy From An Ecological Footprint Perspective, Mathis Wackernagel Ph.D.

Buffalo Environmental Law Journal

No abstract provided.


Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian Apr 1998

Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Realities Of Immunocontraception As A Management Option For White-Tailed Deer In Suburban Environments, William F. Porter Apr 1998

Realities Of Immunocontraception As A Management Option For White-Tailed Deer In Suburban Environments, William F. Porter

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Panel Of Towns: Morris County, Nj: The Morris County Park Commission White-Tailed Deer Management Program: A Multi-Faceted Approach, Charlie Zafonte Apr 1998

Panel Of Towns: Morris County, Nj: The Morris County Park Commission White-Tailed Deer Management Program: A Multi-Faceted Approach, Charlie Zafonte

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


State Attorney Generals’ Tobacco Suits: Equitable Remedies, Edward Correia, Patricia Davidson Apr 1998

State Attorney Generals’ Tobacco Suits: Equitable Remedies, Edward Correia, Patricia Davidson

Cornell Journal of Law and Public Policy

No abstract provided.


Rearranging The Deck Chairs: Endangered Species Act Reforms In An Era Of Mass Extinction, Patrick A. Parenteau Apr 1998

Rearranging The Deck Chairs: Endangered Species Act Reforms In An Era Of Mass Extinction, Patrick A. Parenteau

William & Mary Environmental Law and Policy Review

No abstract provided.


Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman Apr 1998

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman

Cardozo Journal of International and Comparative Law

The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.


Russia And The World Trade Organization: Will Trips Be A Stumbling Block To Accession?, Christian L. Broadbent, Amanda M. Mcmillian Apr 1998

Russia And The World Trade Organization: Will Trips Be A Stumbling Block To Accession?, Christian L. Broadbent, Amanda M. Mcmillian

Duke Journal of Comparative & International Law

No abstract provided.


How Investors React To Political Risk, Claire A. Hill Apr 1998

How Investors React To Political Risk, Claire A. Hill

Duke Journal of Comparative & International Law

No abstract provided.


Hiv, Women, And Access To Clinical Trials: Tort Liability And Lessons From Des, Anna C. Mastroianni Apr 1998

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 Paradigm Shift In Medicaid: Women With Hiv Under Managed Care, Katherine Marconi, Barney Singer, Marsha Fahrer Apr 1998

The Paradigm Shift In Medicaid: Women With Hiv Under Managed Care, Katherine Marconi, Barney Singer, Marsha Fahrer

Duke Journal of Gender Law & Policy

No abstract provided.


Sound, Basic Education: North Carolina Adopts An Adequacy Standard In Leandro V. State, William Kent Packard Apr 1998

Sound, Basic Education: North Carolina Adopts An Adequacy Standard In Leandro V. State, William Kent Packard

North Carolina Law Review

No abstract provided.


Is Tobacco A Drug? Administrative Agencies As Common Law Courts, Cass R. Sunstein Apr 1998

Is Tobacco A Drug? Administrative Agencies As Common Law Courts, Cass R. Sunstein

Duke Law Journal

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modern government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


The Fda May Not Regulate Tobacco Products As “Drugs” Or As “Medical Devices”, Richard A. Merrill Apr 1998

The Fda May Not Regulate Tobacco Products As “Drugs” Or As “Medical Devices”, Richard A. Merrill

Duke Law Journal

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority. This inference is particularly inappropriate in the case of tobacco regulation, he maintains, because there is compelling evidence that Congress had no intention of delegating this authority to the FDA. He is unpersuaded that presidential approval legally sanctions the FDA's claim of authority by granting it a superficial political legitimacy. Finally, …


Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns Mar 1998

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …


Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner Mar 1998

Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner

Federal Communications Law Journal

The Clinton Administration's Health Information and Applications Working Group promotes networked health information provided to all citizens through the Internet as one way to lower health care costs while improving the health of Americans. Managed care organizations and private health information providers already use the World Wide Web to disseminate consumer health information to broad segments of society. No standards exist to ensure that the information these Web sites carry is accurate and otherwise free from corruption. Disclaimers as to the reliability of the information as well as to the responsibility of the information provider for any harm caused by …


The Opinion Volume 38 Number 6 – February 2, 1998, The Opinion Feb 1998

The Opinion Volume 38 Number 6 – February 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 02, 1998


Ndls Update 02/1998, Notre Dame Law School Feb 1998

Ndls Update 02/1998, Notre Dame Law School

NDLS Update

No abstract provided.


The Right To Die With Dignity With The Assistance Of A Physician: An Anglo, American And Australian International Perspective, Elizabeth Woods Jan 1998

The Right To Die With Dignity With The Assistance Of A Physician: An Anglo, American And Australian International Perspective, Elizabeth Woods

ILSA Journal of International & Comparative Law

Individuals should have the right to end their life with dignity at the time of their own choosing, but this right must be carefully balanced with the idea of a right to life. Thus, seeking a balance between the two rights is the crux of the problem and the corresponding solution.


The Convention On The Rights Of The Child: The Necessity Of Adding A Provision To Ban Child Marriages, Ladan Askari Jan 1998

The Convention On The Rights Of The Child: The Necessity Of Adding A Provision To Ban Child Marriages, Ladan Askari

ILSA Journal of International & Comparative Law

The United Nations Convention on the Rights of the Child [hereinafter "CRC"], adopted on November 20, 1989 is considered by many to be a comprehensive treaty


Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor Jan 1998

Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Physician Assisted Suicide: A Survey Of The Issues Surrounding Legalization, Kelly Lynn Mitchell Jan 1998

Physician Assisted Suicide: A Survey Of The Issues Surrounding Legalization, Kelly Lynn Mitchell

North Dakota Law Review

No abstract provided.


"Wrongful Living": Recovery For A Physicians's Infringement On An Individual's Right To Die, John Donohue Iii Jan 1998

"Wrongful Living": Recovery For A Physicians's Infringement On An Individual's Right To Die, John Donohue Iii

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Rethinking Law In Globalizing Labor Markets, Fran Ansley Jan 1998

Rethinking Law In Globalizing Labor Markets, Fran Ansley

Scholarly Works

No abstract provided.


Civil, University Of The Pacific, Mcgeorge School Of Law Jan 1998

Civil, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains: A Mother's Right to Breast-Feed Her Child in Public - A New Personal Right in California


Beyond Misguided Paternalism: Resuscitating The Right To Refuse Medical Treatment, S. Elizabeth Malloy Jan 1998

Beyond Misguided Paternalism: Resuscitating The Right To Refuse Medical Treatment, S. Elizabeth Malloy

Faculty Articles and Other Publications

The author focuses on the failure of the courts to provide a remedy for the right to refuse medical treatment. Health care providers, for a number of reasons, often ignore patient requests to forgo certain life-extending medical procedures. The courts have generally allowed medical professionals complete discretion in deciding whether to honor patients' requests. When patients
or their estates sue health care providers for violation of the right to refuse treatment, courts have refused to award damages. By failing to provide a remedy, the courts effectively make the right a meaningless one. While acknowledging the importance of physician autonomy, the …


Physician Profiles: Consumer Protection Or Excessive Exposure?, Ann Stewart Jan 1998

Physician Profiles: Consumer Protection Or Excessive Exposure?, Ann Stewart

Florida State University Law Review

No abstract provided.