Digital Commons Network^™

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih

Fordham Law Review

No abstract provided.

Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia

Scholarly Works

Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …

Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah

Faculty Scholarship

As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

International Intellectual Property Protections For Living Matter: Biotechnology, Multinational Conventions And The Exception For Agriculture, David G. Scalise, Daniel Nugent

Case Western Reserve Journal of International Law

No abstract provided.

Genetic Privacy, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Human genomic information is invested with enormous power in a scientifically motivated society. Genomic information has the capacity to produce a great deal of good for society. It can help identify and understand the etiology and pathophysiology of disease. In so doing, medicine and science can expand the ability to prevent and ameliorate human malady through genetic testing, treatment, and reproductive counseling.

Genomic information can just as powerfully serve less beneficent ends. Information can be used to discover deeply personal attributes of an individual's life. That information can be used to invade a person's private sphere, to alter a person's …

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

Articles

No abstract provided.

Promotion And Protection Of Women's Right To Sexual And Reproductive Health Under International Law: The Economic Covenant And The Women's Convention Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Aart Hendriks

American University Law Review

No abstract provided.

Negotiating The Relationship Of Hiv/Aids To Reproductive Health And Reproductive Rights Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health, Sofia Gruskin

American University Law Review

No abstract provided.

Punitive Policies: Constitutional Hazards Of Non-Consensual Testing Of Women For Prenatal Drug Use, Derk B.K. Vanraalte Iv

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article uses tuberculosis as the paradigm for exploring rational standards for the exercise of compulsory public health powers. Extant doctrine in disability and constitutional law provides a lens for examining judicial review of state interventions. The author first sets out the central epidemiological and biological aspects of tuberculosis to demonstrate the strength of the governmental interest in curtailing the epidemic. Second, he examines the interventions of testing, screening, and confinement of persons with tuberculosis, where he focuses on two congregate settings--correctional and health care facilities--that present substantial health risks and are principal foci for the exercise of state intervention. …

Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman

Journal of Law and Health

The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …

The Health Care Proxy And The Narrative Of Death, Steven I. Friedland

Journal of Law and Health

This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …

Theresa F. Thompson V. Community Nursing Service & Hospice : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Eric Hugh Hogan V. Michelle Whitehead Hogan : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM AN ORDER IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE DAVID S. YOUNG PRESIDING

The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder

Faculty Works

No abstract provided.

Health Information Privacy, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Thoughtful scholarship in the area of informational privacy sometimes assumes that a significant level of privacy can coexist with the development of a modern health information infrastructure. Some commentators suggest that we can have it both ways: that adequate legal protection of informational privacy will eliminate the need to significantly limit the collection of health data. This article demonstrates that there is no such easy resolution of the conflict between the need for information and the need for privacy. Because significant levels of privacy cannot realistically be achieved within the health information infrastructure currently envisaged by policymakers, we confront a …

The Collapse Of Communism And The Future Of The Korean Peninsula, Stephen J. Solarz

Fordham International Law Journal

Initially rent asunder by the fortunes of the Second World War, the division of North and South Korea into two separate countries was solidified by the Korean War. North of the 38th parallel, the Democratic People's Republic of Korea ("DPRK") became a totalitarian dictatorship based on a command economy. South of the 38th parallel, the Republic of Korea evolved into a liberal democracy with a market economy. For much of the last fifty years, these arrangements seemedto be almost as unchangeable and enduring as the Cold War itself. Yet, the disintegration of the Soviet Union, and the subsequent elimination of …

Due Process

Touro Law Review

No abstract provided.

Shrimp Mariculture: Environmental Impacts And Regulations With A Focus On Thailand, Christopher F. Knud-Hansen

Colorado Environmental Law Journal

No abstract provided.

Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings

Articles & Chapters

No abstract provided.

Incubator Or Individual?: The Legal And Policy Deficiencies Of Pregnancy Clauses In Living Will And Advance Health Directive Statutes, Timothy J. Burch

Maryland Law Review

No abstract provided.

I Gave My Employer A Chicken That Had No Bone: Joint Firm-State Responsibility For Line-Speed-Related Occupational Injuries, Marc Linder

Case Western Reserve Law Review

No abstract provided.

Second Parent Adoption: A Model Brief, Suzanne Bryant

Duke Journal of Gender Law & Policy

The Liberal Judicial Construction of State Adoption Laws Allows Courts to Grant Second Parent Adoptions to Lesbian and Gay Adults I. Introduction: Second Parent Adoptions A second parent adoption refers to the adoption of a child by his or her legal parent's 1 non-marital partner, without requiring the first partner to give up any parental rights or responsibilities. 2 In second parent adoptions, as in step-parent adoptions, the child is already living in the couple's home and will continue to live there. In both types of adoptions, a non-legal parent has a relationship with the child and wishes to adopt …

The United Nations International Conference On Population And Development: Religion, Tradition, And Law In Latin America, Gregory M. Saylin

Vanderbilt Journal of Transnational Law

At the 1994 United Nations International Conference on Population and Development, the Vatican, along with several Latin American and Muslim nations, fought against First World nations that sought to include provisions relating to abortion, contraception, sexual education, and women's issues in the Conference's Program of Action. Universal agreement was not reached and several nations, including the Vatican, refused to completely join the Program of Action.

This Note examines the history and theory behind the United Nations population conferences. Against this background, the author examines the 1994 Conference and considers its effect on Latin America by discussing the religion, tradition, and …

Medicine, Death, And The Criminal Law, George J. Annas

Faculty Scholarship

Errors in medicine are common and are at least partly responsible for the deaths of 180,000 patients a year. There is increasing concern about medical errors and the steps that should be taken to prevent them.Until recently, hospitals have addressed errors after the fact, through mortality and morbidity conferences, incident reports, and the like, rather than before the fact, through attention to systems defects and prevention. Likewise, medical-malpractice litigation can be filed only after an injury has occurred. Malpractice litigation is intended to create incentives to improve the quality of medical care by making physicians and hospitals accountable for their …

Universal Service And The Information Superhighway: Perspectives From The Telecommunications Experience, Joseph A. Post

Fordham Law Review

No abstract provided.

Intellectual Property Rights And Native American Tribes, Richard A. Guest

American Indian Law Review

No abstract provided.

Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth

Faculty Articles

In this article, Professor Ainsworth argues that a unified criminal justice system is preferable to our present two-tiered adult-juvenile court system. In fact, she contends that the cultural and ideological assumptions that underpin the current two-tiered justice system not only engender many of the serious shortcomings of the juvenile justice system, but also serve to exacerbate the very policies and practices of the adult criminal justice system that make it so abhorrent to defenders of the juvenile court. Critics of juvenile court abolitionists thus miss the point when they argue that juveniles would be worse off than they are at …