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Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …

An Analysis Of Realistic Due Process Rights Of Children Versus Parents, Raymond C. O'Brien

Scholarly Articles

The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misdirected. In particular, the Article posits that the clear and convincing standard adopted by the Court deprives the child of his or her due process rights. The minimum standard should be reduced to at least one of preponderance of the evidence. Such a standard would recognize the so-called parental presumption, i.e. the historical preference given to parents, but give greater recognition to the rights of the child.

This Article examines the due process concerns of parent and child from both a legal and a …

Traditional Ecological Knowledge And Environmental Futures, Winona Laduke

Colorado Environmental Law Journal

No abstract provided.

“We Are Part Of Nature”: Indigenous Peoples’ Rights As A Basis For Environmental Protection In The Amazon Basin, Thomas S. O'Connor

Colorado Environmental Law Journal

No abstract provided.

Inupiat Subsistence And The Bowhead Whale: Can Indigenous Hunting Cultures Coexist With Endangered Animal Species?, Michael L. Chiropolis

Colorado Environmental Law Journal

No abstract provided.

Stopping Fetal Abuse With No-Pregnancy And Drug Treatment Probation Conditions, Janet W. Steverson

Santa Clara Law Review

No abstract provided.

Legal Killing: The Imminent Legalization Of A Physican's Affirmative Aid-In-Dying, Daryl J. Miller

Santa Clara Law Review

No abstract provided.

"Pssst, Hey Buddy, Wanna Buy A Country?" An Economic And Political Policy Analysis Of Federal And State Laws Governing Foreign Ownership Of United States Real Estate, James R. Mason, Jr.

Vanderbilt Journal of Transnational Law

This Note surveys the complex scheme of federal and state laws addressing foreign ownership of United States real property that has developed over the course of the last two centuries, precipitated by several important events. The Note then critically analyzes the traditionally invoked economic and policy Justifications for regulating alien land ownership. The author concludes that sound economic principles militate against rather than in support of such regulation and that policy justifications, although representing valid concerns in some cases, have been used to produce overbroad regulations. The author suggests, therefore, a rethinking of the United States approach to alien land …

The Pedigrees Of Rights And Powers In Scalia's Cruzan Concurrence, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Trends In Health Care Decisionmaking, Jack Schwartz

Maryland Law Review

No abstract provided.

The Limitations Of Legislation, David Orentlicher

Maryland Law Review

No abstract provided.

Medieval Poor Law In Twentieth Century America: Looking Back Towards A General Theory Of Modern American Poor Relief, Larry Cata Backer

Case Western Reserve Law Review

No abstract provided.

A Market Solution To Green Marketing: Some Lessons From The Economics Of Information, John M. Church

Journal Articles

No abstract provided.

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.

Hope For The Future: Overcoming Jurisdictional Concerns To Achieve United States Ratification Of The Convention On The Rights Of The Child, Kerri Ann Law

Fordham Law Review

No abstract provided.

Increasing The Awareness Of Advance Directives In Maryland, Maria Ellena Carey

University of Baltimore Law Forum

No abstract provided.

Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as critical pedagogy. Using personal narrative, this Article examines the various masks ("mascaras") used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling is a discursive technique for resisting cultural and linguistic domination through personal and collective redefinition. The Article explores how transculturation creates new options for expression, personal identity, …

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao

LLM Theses and Essays

Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …

Withdrawing Or Withholding Medical Care From Premature Infants: Who Should Decide, And How, Jennifer Stokley

North Dakota Law Review

No abstract provided.

Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick

American University Law Review

No abstract provided.

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 16, No 4 Edition of the Pacific Studies Journal

Rico, Cce, And Other Complex Crimes: The Transformation Of American Criminal Law?, Susan W. Brenner

William & Mary Bill of Rights Journal

No abstract provided.

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.

Foreword: Whither The Legal Whale: Interdisciplinarity And The Socialization Of Professional Identity, Randy Frances Kandel

Loyola of Los Angeles Law Review

No abstract provided.

Newsletter - 1993-10-27, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Aids And Access To Care: Lessons For Health Care Reformers, Michael T. Isbell

Cornell Journal of Law and Public Policy

No abstract provided.

Aids And Private Health Insurance: A Crisis Of Risk Sharing, Robert A. Padgug, Gerald M. Oppenheimer, Jon Eisenhandler

Cornell Journal of Law and Public Policy

No abstract provided.

Employers And Aids: Meeting The Health Benefit Needs Of People With Hiv Disease, Judith K. Barr, Robert A. Padgug

Cornell Journal of Law and Public Policy

No abstract provided.