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Newsletter - 1991-02-14, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Questionable Rule Denies Food Stamps To Self-Employed Workers, David A. Super, Marilyn Katz

Faculty Scholarship

No abstract provided.

The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super

Faculty Scholarship

No abstract provided.

Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street

Florida State University Law Review

No abstract provided.

Elder Law, John Sanchez

Nova Law Review

No abstract provided.

Exceptions To Discharge: The Supreme Court Adopts A Preponderance Of The Evidence Standard Of Proof In Section 523 Proceedings, Andrew Kessler

Nova Law Review

Section 523 of the Bankruptcy Reform Act' lists ten categories of

debts which are excepted from discharge.2 The standard of proof necessary

to establish the nondischargeability3 of debts under this section

was until recently unclear.

Application Of A Heightened Standard Of Proof Is Not Very Clear And Convincing Under 11 U.S.C. Section 727(A), Craig A. Barbarosh

McGeorge Law Review

No abstract provided.

Prenatal Health Care: Today's Solution To The Future's Loss, L. Rachel Eisenstein

Florida State University Law Review

No abstract provided.

Foreword: Building Community Partnerships, Lawton Chiles

Florida State University Law Review

No abstract provided.

Health And Welfare, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Maternal Liability For Prenatal Injury Arising From Substance Abuse During Pregnancy: The Possibility Of A Cause Of Action In Pennsylvania, Mary K. Kennedy

Duquesne Law Review

The medical profession has recognized the fetus as an individual patient separate from the mother for longer than the law has considered it an entity deserving of legal protection in its own right. In the early prenatal injury cases, courts denied recovery on the ground that a fetus was a part of the mother. Today, all states recognize the child's right to bring an action against a third party for negligent infliction of a prenatal injury.

This article examines the issues involved in allowing a child's cause of action against his mother for prenatal injuries, which injuries are not the …

Bioethics: Health Case Law And Ethics, Robert Schwartz, Barry R. Furrow, Sandra H. Johnson, Timothy Stoltzfus Jost, Thomas L. Greaney

Faculty Book Display Case

This book provides a rich body of materials for courses in bioethics and law. Primary legal sources, including judicial opinions, statutes, regulations and institutional policies, will give students insight into the strategies used by courts, legislatures, agencies and health care providers in addressing bioethics issues. The book also draws from interdisciplinary research in medicine, ethics, and law to provide students diverse critiques of legal and public policy issues in bioethics. Materials in this text are tightly edited and designed to create high quality and focused classroom discussion, and, the text includes classroom tested problems that will engage students more deeply …

Civil Rights And Remedies, Frank H. Easterbrook

Articles

No abstract provided.

Green Issues Are Ripe: The Regulation Of Environmental Marketing Claims, Eric F. Greenberg

Loyola Consumer Law Review

No abstract provided.

Recent Legislative Activity, Stephen Kirkwood

Loyola Consumer Law Review

No abstract provided.

Subject Index

Loyola Consumer Law Review

No abstract provided.

Coming To Terms With Death: The Cruzan Case, Susan R. Martyn, Henry J. Bourguignon

UC Law Journal

The United States Supreme Court's landmark decision in Cruzan v. Director, Missouri Department of Health refused to recognize a constitutional right for Nancy Cruzan, a permanently comatose woman, to have her family decide whether life-sustaining medical treatment should be terminated. Eight members of the Court, however, acknowledged that a competent patient could have ordered the termination of life support.

After reviewing the Supreme Court's decision, Professors Martyn and Bourguignon present what they find to be a critical error in the Court's Cruzan analysis. Earlier state court decisions required procedural protections in surrogate decisionmaking cases but did not impose the state's …

A Harvest Of Shame: The Imposition Of Independent Contractor Status On Migrant Farmworkers And Its Ramifications For Migrant Children, Jeanne M. Glader

UC Law Journal

A recent trend in the American agricultural industry is the practice among growers of classifying farm workers as independent contractors rather than employees. The Fair Labor Standards Act was enacted by Congress in 1938 to eliminate labor conditions detrimental to the maintenance of the minimum standard of living necessary for the health, efficiency, and well-being of workers. The Act's protections specifically include workers' compensation insurance, health and safety standards, unemployment and disability insurance, and perhaps most importantly, prohibitions against oppressive child labor. Under the terms of the Act, however, only employees are covered by the legislation, not independent contractors. Because …

The Iraqi Use Of Chemical Weapons Against The Kurds: A Case Study In The Regulation Of Chemical Weapons In International Law, Kristina M. Kurjiaka

Penn State International Law Review (1982 - 2011)

This Comment will examine the international law regulating chemical weapons and apply that law to the Iraqis' use of chemical weapons against their own population in a civil war. Specifically, this Comment will analyze and highlight the shortcomings of international conventions, customary international law, and general principles of law dealing with chemical weapons.

Symposium On Law And The Homeless: An Introduction, Wes Daniels

University of Miami Law Review

No abstract provided.

Medical Problems Of The Homeless: Consequences Of Lack Of Social Policy-A Local Approach, Pedro J. Greer Jr. M.D.

University of Miami Law Review

No abstract provided.

The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.

Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.

Institutional Failure In The Water And Sanitation Decade, M. Wray Witten

Colorado Environmental Law Journal

No abstract provided.

The World Bank's Environmental Assessment Policy, R.J.A. Goodland

UC Law SF International Law Review

Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …

Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling

UC Law SF International Law Review

The Oriente region of Ecuador is one of the most biologically diverse rain forests in the world. This Article explores the negative effects of oil development on the Oriente's environment. The author discusses the direct devastation oil development wreaks on both the environment and the indigenous people of the Oriente. This Article also discusses the collateral consequences of oil development which include massive road building and colonization of the rain forest. The author explains the deficiencies in existing environmental regulations in the Oriente, and suggests the need for extensive study of the environmental impact of oil development and the need …

Children At Risk: The Inequality Of Urban Education, Brenna B. Mahoney

NYLS Journal of Human Rights

No abstract provided.

Experimental Exclusions: Are Insurance Companies Really Protected?, Perry C. Papantonis

NYLS Journal of Human Rights

No abstract provided.

The Legal System's Response To Child Abuse: A "Shield" For Children Or A "Sword" Against The Constitutional Rights Of Parents, Julie S. Rappaport

NYLS Journal of Human Rights

No abstract provided.