Digital Commons Network^™

Federal Legislation

The Journal of Law and Education

No abstract provided.

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab

Michigan Law Review

The goal of this article is to articulate a coherent framework for understanding the default rules for employment termination. While most observers see chaos here, I find a certain logic in the leading cases. The courts have been boldest when job protection is most appropriate, and they have hesitated precisely when at will plays its most useful role.

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Liability For Improper Maintenance Of Life Support: Balancing Patient And Physician Autonomy, Steven I. Addlestone

Vanderbilt Law Review

During the past decade, right to die cases rose to the forefront of both public and judicial attention. These cases primarily focused on defining an individual's right to stop maintenance medical care' or on the rights of a guardian to discontinue treatment of an incompetent patient. Liability concerns centered on potential civil or criminal liability for hospitals and physicians that effectuated the wishes of a patient or her family. Today, with the rights of individuals relatively well established, it is important to consider those situations in which a health care provider does not comply with an individual's wish to terminate …

Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Newsletter - 1993-07-29, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin

Washington Law Review

Traditional legal mechanisms have failed to protect minority cultural integrity rights for the Tibetan people. Modem human rights law, however, offers a mechanism to protect cultural integrity through group autonomy. This Comment argues that the right to development can protect Tibetan cultural rights through such a claim for group autonomy over development.

Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker

Indiana Law Journal

No abstract provided.

Who Owns Dinner: Evolving Legal Mechanisms For Ownership Of Plant Resources, Neil D. Hamilton

Tulsa Law Review

No abstract provided.

Trial Practice And Procedure, Steven A. Miller, Kristen K. Duggan

Mercer Law Review

This Article surveys the 1992 decisions of the Eleventh Circuit Court of Appeals that have significant impact upon the area of trial practice and procedure.

• Subject Matter Jurisdiction
• Personal Jurisdicition
• Pleading
• Issues at Trial
• Judgment
• Local Rules
• Sanctions

The Right To Die In Montana: The Montana Uniform Rights Of The Terminally Ill Act, William E. Hunt Sr.

Montana Law Review

The Right to Die in Montana: The Montana Uniform Rights of the Terminally Ill Act

The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman

University of Michigan Journal of Law Reform

Part I of this Article describes the major social welfare programs in the United States. Part II outlines the basic structure of the federal income tax and describes how social welfare benefits are treated by the income tax system. Finally, Part III surveys some recent proposals to tax particular social welfare benefits and considers the arguments for and against taxing such benefits. The Article concludes that the need for new revenue sources will push the federal government to reconsider the tax treatment of social welfare benefits.

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.

Defining The Right To Die, David M. English

Law and Contemporary Problems

No abstract provided.

The Social Origins Of Property, Joseph William Singer, Jack M. Beermann

Faculty Scholarship

The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use.' When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves "to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole."' To determine when a regulation amounts to a "taking" of property …

Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour

Osgoode Hall Law Journal

This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …

Fordham Lawyer, Vol. 2 No. 2 - Summer 1993, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

America's Urban Crisis: Symptoms, Causes, Solutions, Peter Dreier

North Carolina Law Review

No abstract provided.

The Continuing Struggle For Equal Educational Opportunity, William L. Taylor

North Carolina Law Review

No abstract provided.

The Courts' Role In Preserving The Family Farm During Bankruptcy Proceedings Involving Fmha Loans, Carol Ann Eiden

Minnesota Journal of Law & Inequality

No abstract provided.

Market Share Recovery For Risk As A Preemptive Remedy For Childhood Lead Poisoning, David P. Swenson

Minnesota Journal of Law & Inequality

No abstract provided.

Litigating State Constitutional Rights To Happiness And Safety: A Strategy For Ensuring The Provision Of Basic Needs To The Poor, Bert B. Lockwood, R. Collins Owens, Grace A. Severyn

William & Mary Bill of Rights Journal

No abstract provided.

Court-Gazing, Stephen F. Williams

Michigan Law Review

A Review of Turning Right: The Making of the Rehnquist Supreme Court by David G. Savage and Deciding To Decide: Agenda Setting in the United States Supreme Court by H.W. Perry, Jr.

The Forum (Volume 23, Number 11), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Vol. 43, No. 10, April 5, 1993, University Of Michigan Law School

Res Gestae

•Hungry for Justice, Hungry for Peace •Pro Bono Could Become More than an Option •Page: Tackle Inner City Educational Barriers •Could we Have Been More Diligent? •Gender Journal Responds to RG Article •Rodney King Verdict: Future Legal Repercussions? •Law Students Seek to Add Women to the Walls •Haitian Refugee Problem: A Real-Life Drama •Judge Promotes Equal Rights for Children •Shaw to Attend Conference in South Africa •New Section Grateful for Program •The Docket •In the Line of Fire: A Clerkship •Summer Starters Dominate Moot Court •And Now, a Word on Our Faculty •Law in the Raw

Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine

Missouri Law Review

That the Supreme Court of necessity largely leaves law development to the federal appellate courts, and state courts, is not particularly noteworthy. Such circumstances, however, make it important for students of federal jurisdiction not to be fixated on Supreme Court decisions, to the exclusion of lower court opinions. This article focuses on lower court interpretation of one statute circumscribing the jurisdiction of the federal appellate courts. Section 1447(d) of the Judicial Code states that an order of a district court remanding a case to a state court from which it was removed "is not reviewable on appeal or otherwise."' Despite …

Federal Legislation

The Journal of Law and Education

No abstract provided.

Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff

Dalhousie Law Journal

Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …

Lujan V. Defenders Of Wildlife: Standing As A Judicially Imposed Limit On Legislative Power, Richard J. Pierce Jr.

Duke Law Journal

No abstract provided.