Digital Commons Network^™

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …

A Wolf In Sheep's Clothing?: A Critical Analysis Of Justice Harlan's Substantive Due Process Formulation, Anthony C. Cicia

Fordham Law Review

No abstract provided.

Welfare Reform: Fact Or Fiction?, Rachel M. Schulman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Fooling All Of The People Some Of The Time: 1990s Welfare Reform And The Exploitation Of American Values, Kathleen Kost, Frank W. Munger

Articles & Chapters

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Faculty Publications

No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.

The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country-and ever-growing support-for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

Articles

This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

The Right To Die In America: Sloganeering From Quinlan And Cruzan To Quill And Kevorkian, George J. Annas

Faculty Scholarship

The topic of my talk is different from those you have been dealing with in this conference in one critical aspect-it's one that all of us are going to confront-we're all going to die. And death is not a subject anyone can escape because it has both professional implications-what the law should be, how we should decide disputes when they arise, and practical ones-how we should order our own lives, and what we should do to try to make our death easier if not on ourselves, at least on our loved ones.

Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin

Faculty Scholarship

1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …

California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

From Expertise To Politics: The Transformation Of American Rulemaking, Peter L. Strauss

Faculty Scholarship

In this speech to be given on November 15, 1996, as the American contribution to the week-long conference on administrative law sponsored by the Fundaci6n Estudios de Derecho Administrativo in Caracas, Venezuela, Professor Peter L. Strauss addresses the history and developing political character of rulemaking in federal law over the fifty years since enactment of the Administrative Procedure Act. As a framework, Professor Strauss sets forth a hierarchy of institutional rulemaking, from constitution through informal advising. He then develops his discussion of rulemaking by tracing the federal process of rulemaking through time, beginning with the enactment of the Administrative Procedure …

Feminism, Law, And Bioethics, Karen H. Rothenberg

Faculty Scholarship

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

Culture, Cash Or Calories: Interpreting Alaska Native Subsistence Rights, Jeremy David Sacks

Alaska Law Review

No abstract provided.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

This survey period again saw the introduction of a package of amendments to the Workers' Compensation Act (the "Act") steered through the legislative process by the Chairman of the State Board of Workers' Compensation (the "State Board") and his advisory committee. Though not as dramatic as in past years, subtle changes could have significant impact. The bulk of the amendments arose out of the Board's increasing concern about fraud and abuse in the state's workers' compensation system. Meanwhile, the state's appellate courts continued to tackle the complex issues surrounding compensability of heart attack and psychological injury claims. For the most …

Santiago V. Sherwin-Williams Co.: Rejection Of Market Share Liability In Lead-Based Paint Litigation, Shirley H. Fang

Buffalo Law Review

No abstract provided.

Toward A Group Rights Theory For Remedying Harm To The Subsistence Culture Of Alaska Natives, William M. Bryner

Alaska Law Review

No abstract provided.

When Private Goes Public: Legal Protection For Women Who Breastfeed In Public And At Work, Danielle M. Shelton

Minnesota Journal of Law & Inequality

No abstract provided.

Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin

Washington International Law Journal

This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …

Motions 1995 Volume 31 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Table Of Cases, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Santa Clara Magazine, Volume 37 Number 4, Fall 1995, Santa Clara University

Santa Clara Magazine

8 - OF QUARKS, OBJECT IDENTIFICATION, AND PORPHYRIN MOLECULES SCU undergraduates get a taste of scientific research. By Miriam Schulman

14 - WHAT'S YOUR BOTTOM LINE? By investing in mutual funds that reflect their values, an increasing number of shareholders hope to put their money where their morals are. But can socially responsible investing really change the world? By Jeff Brazil ' 85

22 - A BIG ENOUGH UMBRELLA Tens of thousands of women from around the world gather for a unifying-albeit rainy- conference in China. Photographs By Kim Johnson ' 87

26 - THE ART OF MATHEMATICS For every …

The Improving America's Schools Act And Elementary And Secondary Education Reform, Richard W. Riley

The Journal of Law and Education

No abstract provided.

Institutional, Communal, And Individual Ownership Or Possession Of Arable Land In Ancient Mesopotamia From The End Of The Fourth To The End Of The First Millennium B.C., Johannes M. Renger

Chicago-Kent Law Review

No abstract provided.

Senate Office Of Research, C. Putnam

California Regulatory Law Reporter

No abstract provided.

Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach

William & Mary Environmental Law and Policy Review

No abstract provided.

Reconsidering Abortion Law: Liberty, Equality, And The Rhetoric Of Planned Parenthood V. Casey , Erin Daly

American University Law Review

No abstract provided.

Of Agriculture's First Disobedience And Its Fruit, Jim Chen

Vanderbilt Law Review

What God has created, agrarian debate has torn asunder. As successors to the neolithic agrarian pioneers' who chose to secure the blessings of agriculture to themselves and their posterity, we long to understand our common roots. But the deeper we dig, the more bitterly we dispute the exegesis of our shared stories of origins. Nothing has more explosive potential than a return to first principles, a quest for beginnings.

As the most palpable link between humanity and nature, agriculture often acts as a stark mirror of human values. American agricultural prescriptions frequently invoke the Book of Genesis, the grandest and …