Digital Commons Network^™

Chapter 765 Revisited: Florida's New Advance Directives Law, Meta Calder

Florida State University Law Review

No abstract provided.

Standing And Ripeness Revisited: The Supreme Court's Hypothetical Barriers, Marla E. Mansfield

North Dakota Law Review

No abstract provided.

State And Federal Organic Food Certification Laws: Coming Of Age, Gordon G. Bones

North Dakota Law Review

No abstract provided.

Societal Prejudice Reflected In Our Courts: The Unfavorable Treatment Of The Mentally Retarded, Laura A. Lorenzo

Seton Hall Constitutional Law Journal

No abstract provided.

Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman

Annals of Health Law and Life Sciences

Home health care is a compassionate, cost-effective, and practical alternative for some individuals who require long-term or constant care. However, the coverage of home health care costs is far from comprehensive under the Medicare, Medicaid, and private pay systems. A uniform and comprehensive coverage system is necessary.

International Law In The New World Order: Some Preliminary Reflections, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Comparative Analysis Of The Right To Die In The Netherlands And The United States After Cruzan: Reassessing The Right Of Self-Determination, Julie A. Dicamillo

American University International Law Review

No abstract provided.

Pennsylvania's Accountant-Client Privilege: An Asset With Liabilities, Martin R. Bartel

Duquesne Law Review

Accountants, their clients, and attorneys for both parties are no doubt generally aware of the accountant-client privilege and feel some assurance knowing that, when faced with a summons or subpoena, the privilege may be invoked to prevent disclosure of information which clients have revealed to their accountants. However, significant limitations on the accountant-client privilege exist in the Commonwealth of Pennsylvania. To provide the reader an accurate assessment of the exact protection afforded by the privilege, this article will examine the Pennsylvania accountant-client statute and relevant case law construing the statute. This article will also touch on the availability of the …

Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis

Faculty Scholarship

This Article will attempt to analyze some of the considerations that should inform enlightened and compassionate public policy in this area. Section I will describe briefly the definition of mental retardation and common attributes of people who have the disability and the social and political world in which they live within our society. Section II will sketch some of the contexts in which legal issues about decision-making arise in the lives of people with mental retardation. Section III will discuss the generic legal doctrines of consent which form the backdrop for legal analysis of these problems, with particular attention to …

Why Is Health Care Special?, Richard A. Epstein

Articles

No abstract provided.

Monitoring Human Rights Aspects Of Sustainable Development, Katarina Tomasevski

American University International Law Review

No abstract provided.

Sex, Drugs, Pregnancy, And The Law: Rethinking The Problems Of Pregnant Women Who Use Drugs, Michelle Oberman

UC Law Journal

The media portray the pregnant drug user as a betrayer whose interests are diametrically opposed to those of her fetus and who will harm her fetus unless stopped by the state. In her Article Professor Oberman restructures the stories of pregnant addicts, describing some of the contextual factors that shape their lives and looking at issues such as why women users get pregnant and how they can be persuaded to curtail drug use during and after pregnancy. The Article then focuses on the application of child abuse and neglect laws to pregnant drug users, and demonstrates how these laws violate …

Illicit Drugs In America: History, Impact On Women And Infants, And Treatment Strategies For Women, Stephen R. Kandall, Wendy Chavkin

UC Law Journal

Media and government alike speak of the "war on drugs" as if it were a new phenomenon. In fact, drug use and abuse have been recognized as significant social, legal, and medical issues in this country for well over a century. In this Article Drs. Kandall and Chavkin provide an overview of drug use in America, putting special emphasis on issues related to maternal drug use. The Article begins by briefly surveying the history of drugs in America. Next, the authors review the adverse medical outcomes associated with maternal drug use, which include increased infant morbidity and mortality. The discussion …

Is The Food Industry Cooking Up A Recipe To Defeat Food Labeling Reform?, Bruce A. Silverglade

Loyola Consumer Law Review

No abstract provided.

Case Index

Loyola Consumer Law Review

No abstract provided.

Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson

American University Law Review

No abstract provided.

Murder, She Wrote Or Was It Merely Selective Nontreatment?, George P. Smith Ii

Scholarly Articles

This article will both explore and thereby establish the medical, ethical, and legal validity of selective nontreatment of severely handicapped newborns. A construct for principled decision-making, tied to a basic recognition of the right of self-determination, as shaped by compassion and validated principles of triage and cost-benefit analysis, will be seen as the most effective means for the states-and not the federal government-to evaluate the intensely complex issues associated with allocating scarce medical resources to defective infants. Governmental intrusions into the familial decision- making forum in these circumstances must be kept to a minimum and allowed only in grave cases.

Future Of Fishery Management And Its Impact On The Seafood Industry: A Comparison Of United States And Canadian Fishery Management Policies After Unclos Iii, Ferdinand J. Iii Gallo

Northwestern Journal of International Law & Business

The United States and Canadian fishery management regimes each professes to fulfill the goals of conservation enumerated under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). These goals include conservation of scarce fish stocks and "optimum utilization" of those limited resources. The Canadian regime of centralized authority, informality and flexibility, however, actually comes closest to fulfilling these goals. While the United States may adopt some of the key elements of the Canadian regime, several barriers exist to such reforms.Another method for reconciling the differences between U.S. and Canadian policies would include the implementation of …

Regulation Of Biotechnology In The European Community: How Twelve Nations Are Transforming A Global Industry, Colleen K. Ottoson

Maryland Journal of International Law

No abstract provided.

Chronic Drug Users As Parents, Judy Howard

UC Law Journal

In her Essay Dr. Howard presents a progressive overview of parental drug and alcohol abuse. The Essay surveys general trends in substance abuse, and discusses the chemically dependent lifestyle. Highlighting the disparity between children with developmental problems who are being raised in chemically dependent families and those growing up in families where substance abuse is not an issue, Dr. Howard explains how newborn behavior and developmental patterns of older children are influenced by environmental as well as biological factors. She concludes that comprehensive and coordinated services must be provided by those who work with chemically dependent families and suggests an …

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …

Living Wills In The United States And Canada: A Comparative Analysis, Susan J. Steinle

Case Western Reserve Journal of International Law

No abstract provided.

The Apa Procedural Rule Exemption: Looking For A Way To Clear The Air, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Case Against Strict Liability, Alan Schwartz

Fordham Law Review

Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …

The What, Why, And How Of Privatization: A World Bank Perspective, Mary M. Shirley

Fordham Law Review

Ms. Shirley outlines privatization, defininf the concept and suggesting why privatization should occur and how it can be best implemented. She first dfines privatization as the transfer of ownership of assets to the private sector. She then discusses why a government should privatize, as opposed to why governments often want to privatize. Finally, Ms. Shirley discusses various steps governments should take in effectuating privatizations.

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

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

Human Rights, Development, And International Financial Institutions, Ibrahim F.I. Shihata

American University International Law Review

No abstract provided.

From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper

St. Thomas Law Review

No abstract provided.

Unchecked Powers: The Supreme Court And Administrative Law, E. P. Krauss

Marquette Law Review

No abstract provided.

The Jurisprudence Of Privacy In A Splintered Supreme Court, David M. Smolin

Marquette Law Review

No abstract provided.