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Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jan 1993

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Faculty Publications

No abstract provided.


People With Pipes: A Question Of Euthanasia, Susan Machler Jan 1993

People With Pipes: A Question Of Euthanasia, Susan Machler

Seattle University Law Review

This Comment will focus on the constitutional and common law backgrounds of suicide and the right to refuse medical treatment, the need for well-articulated policies on right-todie issues, and a possible legislative solution that will balance the needs of dying individuals with society's interest in preventing abuse. Until we develop policies regarding physician- assisted suicide, we are leaving the needs and the protection of the dying to "people with pipes." We are leaving policymaking to whomever wins the battle between a doctor who invents suicide machines and a prosecutor who wants to put the doctor in jail for an act …


Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, Ardath A. Hamann Jan 1993

Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, Ardath A. Hamann

Villanova Law Review (1956 - )

No abstract provided.


Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson Jan 1993

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

This article examines specific restrictions promulgated and practiced during the Persian Gulf War, provides a brief historical analysis of how the United States and other nations have traditionally accommodated the religious activities of their military personnel, and addresses the question of how far we can constitutionally limit the free-exercise rights of the people in the military in light of current Supreme Court jurisprudence.


Water Resources Control Board, J. B. Kehoe, J. Seeberg Jan 1993

Water Resources Control Board, J. B. Kehoe, J. Seeberg

California Regulatory Law Reporter

No abstract provided.


The Federal Sentencing Guidelines For Corporations: Their Development, Theoretical Underpinnings, And Some Thoughts About Their Future, Ilene H. Nagel, Winthrop M. Swenson Jan 1993

The Federal Sentencing Guidelines For Corporations: Their Development, Theoretical Underpinnings, And Some Thoughts About Their Future, Ilene H. Nagel, Winthrop M. Swenson

Articles by Maurer Faculty

No abstract provided.


Law, Art, And The Killing Jar, Louise Harmon Jan 1993

Law, Art, And The Killing Jar, Louise Harmon

Scholarly Works

No abstract provided.


Punitive Damages And Regulated Products, Teresa Moran Schwartz Jan 1993

Punitive Damages And Regulated Products, Teresa Moran Schwartz

American University Law Review

No abstract provided.


Ndls Update 12/1992, Notre Dame Law School Dec 1992

Ndls Update 12/1992, Notre Dame Law School

NDLS Update

No abstract provided.


Reconceptualizing Sovereign Immunity, Harold J. Krent Nov 1992

Reconceptualizing Sovereign Immunity, Harold J. Krent

Vanderbilt Law Review

The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …


What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein Nov 1992

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Articles

No abstract provided.


What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein Nov 1992

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Michigan Law Review

In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges …


Arming The Pregnancy Police: More Outlandish Concoctions?, Jeffrey A. Parness Nov 1992

Arming The Pregnancy Police: More Outlandish Concoctions?, Jeffrey A. Parness

Louisiana Law Review

No abstract provided.


Newsletter - 1992-10-15, E. De La Garza Oct 1992

Newsletter - 1992-10-15, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center Oct 1992

Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Getting Rid Of The Vegetables, David F. Forte Oct 1992

Getting Rid Of The Vegetables, David F. Forte

Law Faculty Articles and Essays

There ought to be a more accurate term that describes not just the medical condition but the underlying humanity of the afflicted person. Perhaps something like "Persistent conscious condition" would be a more technically descriptive and less morally freighted substitute. It would, in fact, communicate a more complete picture of what is going on.


Public Law—Modification Of Consent Decrees—More Flexible Standard For Modifications In Institutional Reform Litigation. Rufo V. Inmates Of The Suffolk County Jail., Donna Wolfe Oct 1992

Public Law—Modification Of Consent Decrees—More Flexible Standard For Modifications In Institutional Reform Litigation. Rufo V. Inmates Of The Suffolk County Jail., Donna Wolfe

University of Arkansas at Little Rock Law Review

No abstract provided.


Fall 1992 Oct 1992

Fall 1992

Bill of Particulars

No abstract provided.


Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review Oct 1992

Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.


Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones Oct 1992

Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones

Vanderbilt Law School Faculty Publications

The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification procedure. Despite the fact that sex selection abortions represent only a small subset of sex selection procedures, attitudes toward the former are driving general policy approaches to the latter. However, the issues are analytically distinct, and only during the former infancy of the pre-conceptive (and non-abortive post-conceptive) technology for sex selection were members on both sides of the debate afforded the economy of using one logic to support …


Newsletter - 1992-09-03, E. De La Garza Sep 1992

Newsletter - 1992-09-03, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


An American Vision: The Right To Shelter, S. Lynn Martinez Sep 1992

An American Vision: The Right To Shelter, S. Lynn Martinez

In the Public Interest

No abstract provided.


The South And The Earth Summit: The Development/Environment Dichotomy, Dr. Ranee K.L. Panjabi Sep 1992

The South And The Earth Summit: The Development/Environment Dichotomy, Dr. Ranee K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.


Can Buckley Clear Customs?, Harold H. Bruff Sep 1992

Can Buckley Clear Customs?, Harold H. Bruff

Washington and Lee Law Review

No abstract provided.


Seton Hall University School Of Law Legislative Bureau Symposium On Emerging Constitutional Rights: Health Care And Education April 19, 1991 Aug 1992

Seton Hall University School Of Law Legislative Bureau Symposium On Emerging Constitutional Rights: Health Care And Education April 19, 1991

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Innovative Legislative Initiatives: The New Jersey Declaration Of Death And Advance Directives For Health Care Acts, Paul W. Armstrong, Robert S. Olick Aug 1992

Innovative Legislative Initiatives: The New Jersey Declaration Of Death And Advance Directives For Health Care Acts, Paul W. Armstrong, Robert S. Olick

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Newsletter - 1992-07-02, E. De La Garza Jul 1992

Newsletter - 1992-07-02, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


Administrative Law, J. Michael Davis Jul 1992

Administrative Law, J. Michael Davis

Mercer Law Review

The Eleventh Circuit's 1991 administrative law decisions ran the full gamut of administrative issues and included decisions relating to both state and federal administrative agencies. While the majority of the decisions dealt with straightforward application of accepted principles of administrative law, several decisions included complex fact patterns and the application of both federal and state administrative procedures. The resulting decisions were balanced in terms of their treatment of the agencies and parties appearing before those agencies.


The Upc And The New Durable Powers, David M. English Jul 1992

The Upc And The New Durable Powers, David M. English

Faculty Publications

This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.


Arbitration Clauses In Retainer Agreements: A Lawyer's License To Exploit The Client - Haynes V. Kuder, Mark G. Anderson Jul 1992

Arbitration Clauses In Retainer Agreements: A Lawyer's License To Exploit The Client - Haynes V. Kuder, Mark G. Anderson

Journal of Dispute Resolution

An attorney is in an influential and superior position to the client when negotiating fee contracts. Because of this position, an attorney has the opportunity to exploit his or her client. Consequently, courts view agreements between a lawyer and client rather suspiciously and apply a higher standard to these agreements. Furthermore, a lawyer is subject to ethical rules which require a lawyer to meet certain duties, including the duty to inform the client about matters regarding the representation! Because of the higher obligations imposed on an attorney when dealing with a client, any benefit of the doubt should go to …