Digital Commons Network^™

The Food Quality Protection Act Of 1996: Replacing Old Impracticalities With New Uncertainties In Pesticide Regulation, Scott Douglas Bauer

North Carolina Law Review

No abstract provided.

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Motions 1997 Volume 32 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

The Government's Role In The Support Of Children, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.

Is The Inter-Bank Market Out Of Control: Dunn & (And) Delta V. Commodity Futures Trading Commission, Jason A. Pinson

Tulsa Journal of Comparative and International Law

No abstract provided.

Public School Usage Of Internet Filtering Software: Book Banning Reincarnated, Glenn Kubota

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Loss And Redemption: Voting Rights At The Turn Of A Century, Pamela S. Karlan

Vanderbilt Law Review

The year the Voting Rights Act was passed, Langston Hughes published Long View: Negro. "Sighted through the [t]elescope of dreams," Hughes wrote, Emancipation loomed very large:

"But turn the telescope around, Look through the larger end- And wonder why What was so large Becomes so small Again."

We don't really need to wonder why the political side of the First Reconstruction failed; there were so many reasons. One was the exhaustion of the national commitment to ensuring black equality and its replacement by a cynical bipartisan compromise in which black aspirations played no role. Another was the "progressive" belief that …

The Record - Vol. 31, Issue 6, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

Constitutional Law - Substantive Due Process - Right To Refuse Medical Treatment, Michael P. Bodosky

Duquesne Law Review

The Pennsylvania Supreme Court held that a surrogate decision maker may exercise the right of an adult patient in a persistent vegetative state to withdraw life-sustaining medical treatment via substituted judgment.

In Re Fiori, 673 A.2d 905 (Pa. 1996)

Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Sovereign Immunity - Government Contractor Defense - Implied Warranty Of Specifications - Implied Contractual Indemnification, Leslie A. Sherman

Duquesne Law Review

The United States Supreme Court held that the federal government cannot be liable in contract for breach of implied-in-law warranties by government contractors who incur expenses in defending third party tort claims arising from the contractors' compulsory production of war materials in accordance with government-furnished specifications.

Hercules, Inc. v. United States, 116 S. Ct. 981 (1996).

Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.

To Resuscitate Or Not ... In The Operating Room: The Need For Hospital Policies For Surgeons Regarding Dnr Orders, Vassyl A. Lonchyna

Annals of Health Law and Life Sciences

As more Americans have become aware of end-of-life planning, health care professionals are faced with more "Do Not Resuscitate" orders. A patient with a terminal condition who has signed such an order may enter the operating room for a surgical procedure; few hospitals have developed protocols to assist the medical staff. In most hospitals, it is unclear whether the medical staff should honor the "DNR" or follow the traditional resuscitation protocol of the operating room.

Surrogate Health Care Decision Making: The Pennsylvania Supreme Court Recognizes The Right Of An Individual In A Permanent Vegetative State To Refuse Life-Sustaining Measures Through A Surrogate Decision Maker, Christine H. Nooning

Duquesne Law Review

No abstract provided.

Turbot Wars: Straddling Stocks, Regime Theory, And A New U.N. Agreement, Jamison E. Colburn

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Role Of The Federal Government In Ensuring Quality Of Care In Long-Term Care Facilities, David R. Hoffman

Annals of Health Law and Life Sciences

Quality of care is a concept most important to our vulnerable populations, including the elderly. When the government pays for nursing care for the elderly, it expects that it is paying for quality care. When the quality is substandard, as it was with Tucker House II, the government can and will use the False Claims Act to recover monies paid.

Environmental Malthusianism: Integrating Population And Environmental Policy, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

In his Article, Professor Hardaway argues that while Thomas Malthus may have been incorrect in his assertion that the growing population would deplete food supplies causing starvation and disease, Malthus accurately assessed the environmental impact of population. Professor Hardaway argues that overpopulation depletes natural resources and degrades the environment. He urges environmentalists to focus on population growth, rather than short term and remedial solutions, to solve environmental problems. In order to focus on population growth, society must face tough issues such as abortion, family planning, immigration, and economic growth policies.

The Supreme Court's Assisted Suicide Opinions In International Perspective: Avoiding A Bureaucracy Of Death, James L. Underwood

North Dakota Law Review

No abstract provided.

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

UC Law Constitutional Quarterly

In this Article, Professor Kreimer assesses the assisted suicide cases of last Term as contributions to constitutional jurisprudence. He suggests that the cases mark an end of a generation of discord over the legitimacy of substantive due process and a triumph of the proponents of extratextual fundamental rights, Nonetheless, he argues that Justice Rehnquist's majority opinion cannot sustain its claim that an "established method" of substantive due process analysis rooted in history and tradition explains both the Court's abortion cases and Glucksberg. Likewise, while Justice Souter's call for "arbitrariness review" rooted in the common law can account for the outcome …

The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher

UC Law Constitutional Quarterly

In its physician-assisted suicide cases, the United States Supreme Court ostensibly affimned the distinction between "passive" and "active!' steps to end a patient's life. The Court reiterated its recognition of a right to refuse life-sustaining treatment but rejected a right to physician-assisted suicide. However, Professor Orentlicher argues that, in responding to concerns about unrelieved suffering in some dying patients, the Court compromised the very distinction it was trying to preserve. The Court indicated that suffering patients can turn to "terminal sedation," a practice which often is effectively a "slow euthanasia." The Court not only blurred the distinction between active and …

Protecting And Promoting Wildlife Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks

UC Law Environmental Journal

No abstract provided.

Gone Today, Here Tomorrow: Policies And Issues Surrounding Wildlife Reintroduction, Craig R. Enochs

UC Law Environmental Journal

No abstract provided.

Patent Opinions, Privileges, And The Advice Of Counsel Defense To Claims Of Willfull Patent Infringement: Litigation Counsel Caught In The Crossfire, Michael M. Markman

UC Law SF Communications and Entertainment Journal

The interests advanced by the attorney-client privilege and work product doctrines are a subject of frequent debate. Scholars and practitioners agree, however, that both forms of discovery protection must be waived in certain circumstances. One such situation is where a client asserts the "advice of counsel" as a defense. In the arena of patent litigation, the waiver of discovery protection arises where the alleged patent infringer asserts the advice of counsel defense to claims of willful patent infringement.

The scope of waiver of discovery protections upon asserting the advice of counsel defense to claims of willful patent infringement is expanding …

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

Articles

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 modem 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 …

Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore

Faculty Scholarship

This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …

The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein

Articles

No abstract provided.

Health-Care Access For The Elderly Of Industrialized Nations: Fallen And Can't Get Up?, Joann Babiak

ILSA Journal of International & Comparative Law

Canada, and England have developed and funded national health programs in keeping with this entitlement philosophy. The United States government, though stopping short of providing every citizen health-care access as a right,' has entitled various groups through federally funded programs.

The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris

ILSA Journal of International & Comparative Law

The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.