Digital Commons Network^™

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

Michigan Journal of International Law

This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …

A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow

Seattle University Law Review

The "adventures in the language of the law" that follow examine some contemporary usage problems that have special implications for the law and suggest ways these problems might be avoided or resolved.

Democratizing America Through Law, Cass R. Sunstein

Articles

No abstract provided.

Technology Dispute Resolution In The United States: A Practical Perspective, Larry W. Evans

Canada-United States Law Journal

No abstract provided.

Ending The Turf Wars: Support For A Cftc/Sec Consolidation, John D. Benson

Villanova Law Review (1956 - )

No abstract provided.

The Modern Prima Facie Tort Doctrine, Kenneth J. Vandevelde

Kentucky Law Journal

No abstract provided.

Consumer News, Colleen Connors Butler

Loyola Consumer Law Review

No abstract provided.

Indices To Volume 3 - Author Index

Loyola Consumer Law Review

No abstract provided.

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

Cruzan V. Director, Missouri Department Of Health: A Clear And Convincing Call For Comprehensive Legislation To Protect Incompetent Patients' Rights, John Suhr

American University Law Review

No abstract provided.

Final Frontier: Life, Death And Law, Yale Kamisar

Book Chapters

[T]o call Nancy Cruzan's case a matter of the right to die seems strained, if not contrived. The situation is a tragic one. Cruzan has been in a persistent vegetative state since 1983, when, at the age of 25, she was in a severe car accident. Although she is able to breathe on her own, she receives all her nutrition and fluids through a feeding tube inserted into her stomach. When her parents sought to halt this life support, they were rebuffed, first by officials of the Missouri state hospital where Cruzan is a patient and ultimately by the Missouri …

Order In The Court: Challening Judges Who Incarcerate Pregnant, Substance-Dependent Defendants To Protect Fetal Health, Barrie L. Becker

UC Law Constitutional Quarterly

No abstract provided.

Leadership And The Law, Ralph Nader

Hofstra Law Review

No abstract provided.

Recent Trends In The Law Of Endorsement Advertising: Infomercials, Celebrity Endorsers And Nontraditional Defendants In Deceptive Advertising Cases, Consuelo Lauda Kertz, Roobina Ohanian

Hofstra Law Review

No abstract provided.

United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Options For Long-Term Care Financing: A Look To The Future, Marshall B. Kapp

UC Law Journal

The current long-term care financing patchwork in the United States contains many philosophical and operational deficiencies. Devising a better way to finance both institutional and community-based long-term care services for older persons is a pressing public policy concern. A number of serious proposals propounded in the past few years suggest ways to use public and private resources more rationally and effectively to address the long-term care financing problem. In this Article, Professor Kapp critically analyzes some of the more salient of these proposals in terms of the historical, demographic, economic, political, and legal contexts within which they have been formulated …

Time For A New Law On Health Care Advance Directives, George J. Alexander

UC Law Journal

Personal autonomy and the ability to direct one's health care treatment are important considerations for this nation's elderly population. In this Article, Professor Alexander reviews the history of health care directives in the United States. In particular, he considers the present state of natural death act directives to physicians, durable powers for health care, and the state of law in their absence, pointing out a number of problems presented by each type of health care directive. Professor Alexander places special emphasis on the states' regulation of decisions about removal of life support for elderly patients. He then proposes a new …

Sirens' Lure Of Invented Consent: A Critique Of Autonomy-Based Surrogate Decisionmaking For Legally-Incapacitated Older Persons, James Bopp Jr., Daniel Avila

UC Law Journal

Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustaining treatment and care from a legally incapacitated older person as an exercise of that person's autonomy. Autonomy may be invoked even when the older person never issues an informed consent at the time a decision needs to be made. A consent to die may be invented by the surrogate on the older person's behalf through the creation of a "hologram" persona and a "dispositional" directive. The surrogate then asserts that the older person, not the surrogate, is the "autonomous" decisionmaker.

In this Article, Mr. Bopp and Mr. Avila …

Right-To-Die, Bruce Morton

Touro Law Review

No abstract provided.

Protection Against Government Abuse Of Power: Has The Court Taken The Substance Out Of Substantive Due Process, Rosalie Berger Levinson

University of Dayton Law Review

No abstract provided.

Denial Of Coverage For "Experimental" Medical Procedures: The Problem Of De Novo Review Under Erisa, Julia Field Costich

Kentucky Law Journal

No abstract provided.

Freedom Of Expression And Choice Of Language, Leslie Green

Articles & Book Chapters

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Faculty Scholarship

No abstract provided.

United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes?, Reed Dickerson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Representing "The Real Deal", Lucie White

University of Miami Law Review

No abstract provided.

Adding Insult To Injury: The Lack Of Medically-Appropriate Housing For The Homeless Hiv-Iii, Patti E. Phillips

University of Miami Law Review

No abstract provided.

Adapting The Judicial Approach To Medical Malpractice Claims Against Physician's To Reflect Medicare Cost Containment Measures, Laura Athens Mellas

University of Colorado Law Review

No abstract provided.

The Child In International Law: A Pathfinder And Selected Bibliography, Christine Alice Corcos

Case Western Reserve Journal of International Law

No abstract provided.

No (Pregnant) Woman Is An Island: The Case For A Carefully Delimited Use Of Criminal Sanctions To Enforce Gestational Responsibility, Rachel H. Nicholson

Health Matrix: The Journal of Law-Medicine

No abstract provided.