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A Road Less Traveled To A Federal Era, John Paul Jones

Law Faculty Publications

Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

Articles

No abstract provided.

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.

Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas

Community & Environmental Health Theses & Dissertations

The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …

Newsletter - 1992-06-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig

Missouri Law Review

In Cruzan v. Hannon, the Missouri Supreme Court declined to let Nancy Cruzan's father discontinue her tube feedings. The court insisted on clear and convincing evidence of her wishes and was unsatisfied that proof of this kind had been presented in her case.' In addition, it refused to defer to her family or to consider her "quality of life." On June 25, 1990, the United States Supreme Court affirmed the Missouri Supreme Court's decision. Since Cruzan, public demand for living wills has exploded.

Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips

Missouri Law Review

Many commentators and judges consider cases involving fetal protection policies the most important sex discrimination cases since Congress enacted Title VII of the Civil Rights Act of 1964. With as many as twenty million workers potentially exposed to chemicals in the workplace that may cause reproductive health problems, employers have implemented fetal protection policies. The employers' motivation for enacting these policies is dual in nature: (1) to protect the health of future generations and (2) to protect themselves from potential tort liability. Regardless of the benevolence of employers' motives, the issue is whether individual employers should be allowed to close …

Proxy Puzzle & The Durable Power Of Attorney For Health Care Act, The, J. Daniel Patterson

Missouri Law Review

The Missouri Durable Power of Attorney for Health Care Act' (the Health Care Act) is the latest development in Missouri concerning proxy health care decision making. The Health Care Act, the Living Will Statute, and the Missouri Supreme Court's Cruzan' decision are the pieces which make up the puzzle known as Missouri proxy health care decision-making law. When the pieces are put together, however, it appears that some pieces are missing. This Note addresses the relationship of the Health Care Act to the other two pieces of Missouri law and searches for the pieces which seem to have been left …

Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland

West Virginia Law Review

No abstract provided.

Advance Medical Directives In West Virginia, Part One, Irene M. Keely

West Virginia 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 15, No 2 Edition of the Pacific Studies Journal

The Rulemaking Continuum, Peter L. Strauss

Duke Law Journal

No abstract provided.

Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin

Duke Law Journal

No abstract provided.

Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony

Duke Law Journal

No abstract provided.

Newsletter - 1992-05-14, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Persian Gulf War Cease-Fire Agreement Compared With The Japanese Peace Treaty In Terms Of Reparations And Reconstruction, Adam Andrew Levy

Penn State International Law Review (1982 - 2011)

No abstract provided.

Legal Education And The Theatre Of The Absurd:, Paul A. Lebel

BYU Law Review

No abstract provided.

Where Have You Gone, Karl Llewellyn? Should Congress Turn Its Lonely Eyes To You?, Stephen F. Ross

Vanderbilt Law Review

Over forty years ago, in the Symposium we commemorate today, Professor Karl Llewellyn wrote a devastating critique of the canons of statutory construction. For virtually every canon of construction, he demonstrated that there was another canon that could be employed to reach the opposite result. His point was not to be critical, but to argue proscriptively that the process of statutory construction requires an interpretation in light of a judicial determination of "some assumed purpose."'

Other commentators, both before and after the publication of Llewellyn's magnificent contribution to the Vanderbilt Law Review, have taken a different approach. These observers have …

Ohio's New Living Will Statute: Will It Survive?, Richard J. Casey

University of Dayton Law Review

No abstract provided.

The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez

Vanderbilt Law Review

The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …

Death Privacy And The Free Exercise Of Religion , Tom Stacy

Cornell Law Review

No abstract provided.

Legitimate Exercise Of Parens Patriae Doctrine: State Power To Determine An Incompetent Individual's "Right To Die" After Cruzan Ex Rel. Cruzan V. Director, Missouri Dept. Of Health, Carl Hernandez Iii

Brigham Young University Journal of Public Law

No abstract provided.

Criminal Rico And Double Jeopardy Analysis In The Wake Of Grady V. Corbin: Is This Rico’S Achilles’ Heel , Mcgee Ramona Lennea

Cornell Law Review

No abstract provided.

The Emergence Of Parliamentary Politics In Tonga, I. C. Campbell

Pacific Studies

No abstract provided.

Identifying Chemical Hazards For Regulation: The Scientific Basis And Regulatory Scope Of California's Proposition 65 List Of Carcinogens And Reproductive Toxicants, William S. Pease

RISK: Health, Safety & Environment (1990-2002)

Noting that the Proposition 65 list has become an authoritative source for hazard identification, Dr. Pease examines its legislative, regulatory and scientific origins. After analyzing the California approach, he offers suggestions for better selection of future regulatory targets.

Motions 1992 Volume 5 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Medical Self-Determination: A Call For Uniformity, Thomas Rivosecchi

Duquesne Law Review

No abstract provided.

The Other Pro Choice-Pro Life Issue: A Comparison Of Euthanasia Law In The United States And The Netherlands, Mark Stephen Thomas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Contributions To Sustainable Development From The Legal Community: Opportunity For International Cooperation, Rodrigo Barahona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

9 p. ; 28 cm

Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick

Journal of Law and Health

In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and …