Digital Commons Network^™

Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke

Law Faculty Articles and Essays

This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

Reevaluating The Food And Drug Administration's Stand On Labeling Genetically Engineered Foods

San Diego Law Review

This Comment argues that the FDA must reconsider its position on the labeling of genetically engineered foods. There is no doubt that genetic engineering of food promises a number of significant benefits to both the consumer and the farmer, and has become a permanent part of the food supply. But recent research points out that these benefits do not come without significant risks, both to the consumer and to the environment. A federal requirement that genetically engineered foods be labeled as such is a necessary step to promote confidence in the American consumer in the face of unease over these …

Can Kosher Fraud Statutes Pass The Lemon Test? The Constitutionality Of Current And Proposed Statutes, Karen Ruth Lavy Lindsay

University of Dayton Law Review

No abstract provided.

From Rio To Kyoto: A Study Of The Involvement Of Non-Governmental Organizations In The Negotiations On Climate Change, Chiara Giorgetti

Law Faculty Publications

This Article analyzes the influence of non-governmental actors on the negotiations of the Framework Convention on Climate Change (FCCC or the Convention). In particular, it evaluates the methods employed by NGOs in furthering their substantive agendas, the interaction among various non-governmental actors, and the results of their efforts. This Article considers two kinds of NGOs: business and environmental. Environmental NGOs (ENGOs) are the self-defined representatives of environmental interests. They campaign for the strict reduction of all gases that induce climate change. On the other side, business NGOs (BNGOs) typically represent the interests of those industries that are involved in the …

The Court Upholds A State Law Prohibiting Physician-Assisted Suicide, Brett Feinberg

Journal of Criminal Law and Criminology

No abstract provided.

Heidi Peterson On Behalf Of Markelle Frei-Peterson V. Utah Department Of Health, Division Of Health Care Financing : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Final Agency Order entered January 15, 1998, by the Director of the Division of Health Care Financing, Utah Department of Health, which adopted the Recommended Decision of the administrative law judge to deny Medicaid benefits.

Horton Hodsen, As Agent For Nutriphysiology (Previously Known As Nutribionics And Biochem Research Services), And For Himself Personally, As Horton E. Tatarian, And Gail Anderson V. Craig Jackson, Director Of The Division Of Occupational And Professional Licensing, Department Of Commerce, State Of Utah, In His Official Capacity: Appellant's Opening Brief On Appeal, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellate No. 981554 — CA Priority* 15 Appeal from the order of the Fifth Judicial District Court, Washington County, The Honorable James L. Shumate

Physician-Assisted Suicide In The Dark Ward: The Intersection Of The Thirteenth Amendment And Health Care Treatments Having Disproportionate Impacts On Disfavored Groups, Larry J. Pittman

Seton Hall Law Review

No abstract provided.

The Other "Neglected" Parties In Child Protective Proceedings: Parents In Poverty And The Role Of The Lawyers Who Represent Them, Kathleen A. Bailie

Fordham Law Review

No abstract provided.

The Alleged Distinction Between Euthanasia And The Withdrawal Of Life-Sustaining Treatment: Conceptually Incoherent And Impossible To Maintain, David Orentlicher

Scholarly Works

Richard Epstein, in his book Mortal Peril, supports euthanasia and assisted suicide and rejects the distinction between them and withdrawal of treatment. In this essay, Professor Orentlicher argues that Epstein is correct in finding no meaningful moral distinction between euthanasia and treatment withdrawal, examines the reasons why the distinction has persisted in American jurisprudence, and explains why the distinction has eroded.

Epstein also concludes in his book that there is no constitutional right to euthanasia or assisted suicide. Professor Orentlicher's response is that constitutionality is not the appropriate inquiry; rather, the better question is whether to recognize a right to …

Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.

Sentenced To Life? An Analysis Of The United States Supreme Court's Decision In Washington V. Glucksberg, Nicole Testa

Nova Law Review

In the recent landmark decision of Washington v. Glucksberg,' the

United States Supreme Court upheld a Washington statute criminalizing

assisted suicide for terminally ill patients.

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes

University of Miami International and Comparative Law Review

No abstract provided.

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Public Interest Law Review

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Public Interest Law Review

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Public Interest Law Review

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Horton Hodsen, As Agent For Nutriphysiology (Previously Known As Nutribionics And Biochem Research Services), And For Himself Personally, As Horton E. Tatarian, And Gail Anderson V. Craig Jackson, Director Of The Division Of Occupational And Professional Licensing, Department Of Commerce, State Of Utah, In His Official Capacity : Appellant's Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellate No. 981554 — CA Priority # 15 Appeal from the order of the Fifth Judicial District Court, Washington County, The Honorable James L. Shumate

State Of Utah V. D.M. And A.M. : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Eighth District Juvenile Court of Duchesne County, State of Utah The Honorable Scott N. Johanson

Heidi Peterson On Behalf Of Markelle Frei-Peterson V. Utah Department Of Health, Division Of Health Care Financing : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 98-0078-CA Category No. 14 BRIEF OF APPELLANT This is a petition for review of a final agency order, entered January 15, 1998 by the Director of the Division of Health Care Financing, Utah Department of Health, adopting a recommended decision which denied appellant Medicaid coverage,

Horton Hodsen, As Agent . ; Nutriphysiology (Previously Known As Nutribionics And Biochem Research Services And For Himself Personally, As Horton E. Tatarian And Gail Anderson V. Craig Jackson, Director Of The Division Of Occupational And Professional Licensing, Department Of Commerce, The State Of Utah, In His Official Capacity: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On appeal from the Order of Summary Judgment of the fifth Judicial District Court, Honorable James L. Shumate.

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Journal of Law and the Public Interest

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Journal of Law and the Public Interest

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Journal of Law and the Public Interest

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

Are We A Profession Or Merely A Business?: The Erosion Of The Conflicts Rules Through The Increased Use Of Ethical Walls, Neil W. Hamilton, Kevin R. Coan

Hofstra Law Review

No abstract provided.

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

The proposed Multilateral Agreement on Investment (MAl) represents a major step in the evolution of "sovereignty," which includes the power of a nation-state to govern without external controls. A panelist at the 1998 Cornell International Law journal Symposium introduced the MAl as an example of "multilateral sovereignty" to achieve commonly held goals of global economic integration. This perspective posits that the MAl is an exercise in sovereignty by subtraction, aiming to limit governing power rather than promote its joint exercise.

Its critics call the MAl a "slow motion coup d'etat," a "bill of rights for investors," a threat to sovereignty, …