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Commentary By: L.R. Churchill, L. R. Churchill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Monkey's Paw: Regulating The Deliberate Environmental Release Of Genetically Engineered Organisms, Robert Saperstein

Washington Law Review

The deliberate release of genetically engineered organisms poses uncertain but potentially grave risks to the environment. The governing federal and state environmental regulations are inefficient and do not protect environmental integrity. This Comment examines the deliberate release of genetically engineered organisms in the context of federal and state environmental laws. It concludes that the current regulatory schemes are inadequate and proposes changes to meet the goals of effective environmental regulation.

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

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.

The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu

Oklahoma Law Review

No abstract provided.

United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste

Colorado Environmental Law Journal

No abstract provided.

Advance Directives Under State Law And Judicial Decisions (Medical Decision-Making And The ‛Right To Die’ After Cruzan), Judith C. Areen

Georgetown Law Faculty Publications and Other Works

In the decision of the United States Supreme Court in Cruzan v. Director, Missouri Department of Health on June 25, 1990, a majority of the Court announced that it will leave to the states the question of what legal requirements may be imposed on decisions to discontinue treatment for incompetent patients.

Almost every state now recognizes some form of written advance directive, be it living wills or appointments of proxy decision-makers. The problem with directives is thus increasingly not legal as much as it is practical: very few people prepare advance directives.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1991 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia ("Code"). In addition to this legislation, there were six cases from the Supreme Court of Virginia and one from the Virginia Court of Appeals, in the year ending June 1, 1991, which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

Adjudicative Retroactivity In Administrative Law , Abner S. Greene

Faculty Scholarship

Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …

No-Fault Compensation For Unavoidable Injuries: Evaluating The National Childhood Vaccine Injury Compensation Program, Theodore H. Davis Jr., Catherine B. Bowman

University of Dayton Law Review

No abstract provided.

The Illusive Meaning Of The Term “Product” Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú

Faculty Articles

The impact of Section 402A of the Restatement (Second) of Torts had far-reaching effects. The most noticeable of these effects was that strict liability was accepted as a cause of action in almost all cases involving defective products. As a result, there was an explosion of products liability litigation, and suits involving strict liability for defective products soon outnumbered all other tort cases.

Naturally, the vast number of lawsuits caused some confusion. Courts interpreted some terms of Section 402A to include individuals and events not originally mentioned, while other terms, which at first were thought to be clear and concise, …

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

Journal Articles

No abstract provided.

The Long Dying Of Nancy Cruzan, George J. Annas

Faculty Scholarship

With the Nancy Cruzan decision, ¹ the post-Reagan Supreme Court continued recreating America's legal landscape by transferring traditional rights from its citizens to state legislatures and state officials. Attorneys Bopp and Marzen see Cruzan as a cause for celebration. ² The more common view is that it is a hollow acceptance of the technological imperative that requires all Americans to engage in extensive damage control. Given the composition of the Court, constituted by President Ronald Reagan to overrule Roe v. Wade, Bopp and Marzen correctly note that the result in Cruzan was "practically inevitable." But its inevitability does not …

Who Should Live-Or Die? Who Should Decide?, Yale Kamisar

Articles

TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.

When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar

Articles

When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …

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

Faculty Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1990-91), J. Rodney Johnson

Law Faculty Publications

The 1991 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia ("Code"). In addition to this legislation, there were six cases from the Supreme Court of Virginia and one from the Virginia Court of Appeals, in the year ending June 1, 1991, which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

Legal Process And Judges In The Real World, Peter L. Strauss

Faculty Scholarship

It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.

I am not going to address Professor Zeppos's account of …

Newsletter - 1990-12-27, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

The Convention On International Trade In Endangered Species: Fifteen Years Later, Kevin D. Hill

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Identifying Customary International Law Of War In Protocol I: A Proposed Restatement, L. Lynn Hogue

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Newsletter - 1990-11-29, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Opinion Volume 31 Number 8 – November 20, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 20, 1990. Misidentified as Number 7.

Index To Subjects

Missouri Law Review

Index to Subjects

Table Of Comments/Notes

Missouri Law Review

Table of Comments/Notes

Louisiana Constitutional Law, John Devlin

Louisiana Law Review

No abstract provided.

Colonial Lawyer, Vol. 19, No. 2 (Fall 1990), Editors Of Colonial Lawyer

Colonial Lawyer

No abstract provided.

After The Revolt: A Framework For Fiscal Recovery, Joseph S. Slavet, Raymond G. Torto

McCormack Graduate School General Publications (active until 2013)

Despite the injection of new taxes in the amount of $1 .2 billion in fiscal 1991, and recently announced cuts in the budget of approximately $464 million, the Commonwealth's fiscal condition - irrespective of the outcome of CLT's petition -is precarious. Although the political juices are flowing in Massachusetts, with an eye on November 6th, Massachusetts decision-makers have not faced up to the problems inherent in the long-term, structural spending patterns of the state's budget.

Our five-year budget projection indicates that if expenditure trends continue without dramatic restructuring - particularly in the "non-discretionary" accounts - the Commonwealth faces a steady …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.