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International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik Jan 1990

International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


Recent Legislative Activity Jan 1990

Recent Legislative Activity

Loyola Consumer Law Review

No abstract provided.


The Changing Food Label: The Nutrition Labeling And Education Act Of 1990, Eric F. Greenberg Jan 1990

The Changing Food Label: The Nutrition Labeling And Education Act Of 1990, Eric F. Greenberg

Loyola Consumer Law Review

No abstract provided.


Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette Jan 1990

Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette

University of Richmond Law Review

Over the past year, medical malpractice and health care law in the Commonwealth have undergone significant changes. Major case decisions and significant legislative activity, both at the state and federal levels, have altered the playing field for many health care providers, insurers, and consumers.


Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta Jan 1990

Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta

Michigan Journal of International Law

The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …


Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia Jan 1990

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.


The European Community Approach To Standardization: A Possible Mechanism For Improved Nonmember State Input, Dan R. Mastromarco Jan 1990

The European Community Approach To Standardization: A Possible Mechanism For Improved Nonmember State Input, Dan R. Mastromarco

North Carolina Journal of International Law

No abstract provided.


Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi Jan 1990

Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi

Cleveland State Law Review

Recent count indicates that 10,000 Americans now remain, for whatever reason, in an incurable and persistent vegetative condition, trapped in a state of life made possible by aggressive life support systems. A dilemma exists: How do these non-cognitive individuals fit into the legal definitions of life and death? What rights do they, their guardians, or others have in decisions concerning artificial life support, including nutrition and hydration? To resolve the dilemma, a policy based on sound reasoning needs to be established in Ohio to determine if and when the termination of life support, including nutrition and hydration, can occur. Recently, …


The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood Jan 1990

The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood

UC Law SF International Law Review

The future of the United States lies in one of its most important resources: its children. Child care plays a key role in the development of this resource. However, we face a child care crisis in the United States: both in terms of costs and quality. This Note, in an effort to address the high costs of child care, discusses the Child Care Tax Credit in the United States, a federal program designed to provide tax relief for working parents who incur child care expenses. A discussion of the Canadian tax approach to child care expenses and a comparison of …


Solving The Drug Problem: A Public Health Approach To The Reduction Of The Use And Abuse Of Both Legal And Illegal Recreational Drugs, Steven Jonas Jan 1990

Solving The Drug Problem: A Public Health Approach To The Reduction Of The Use And Abuse Of Both Legal And Illegal Recreational Drugs, Steven Jonas

Hofstra Law Review

No abstract provided.


Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin Jan 1990

Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin

Hofstra Law Review

No abstract provided.


The Federal Trade Commission's Approach To Regulating Health Claims In Food Advertising, Timothy T. Hughes Jan 1990

The Federal Trade Commission's Approach To Regulating Health Claims In Food Advertising, Timothy T. Hughes

Loyola Consumer Law Review

No abstract provided.


After Shapero V. Kentucky Bar Association: Much Remains Unresolved About The Allowable Limits Of Restrictions On Attorney Advertising, John T. Ballantine, Jr. Jan 1990

After Shapero V. Kentucky Bar Association: Much Remains Unresolved About The Allowable Limits Of Restrictions On Attorney Advertising, John T. Ballantine, Jr.

University of Colorado Law Review

No abstract provided.


Council On Legislation & Minority Focus Group; Series Ii; File 32, Juanita Hunter Jan 1990

Council On Legislation & Minority Focus Group; Series Ii; File 32, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati Jan 1990

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.


The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray Jan 1990

The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal

A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …


Meadow Fresh Farms, Inc. V. Utah State University Department Of Agriculture And Applied Science, State Of Utah Department Of Health, Division Of Family Health Services, Utah State Department Of Agriculture, Von T. Mendenhall, Archie Hurst, Claudia Clark, Nancy G. Robinette, Barbara Prater And John/Jane Does 1 Through 20 : Brief Of Appellee, Utah Court Of Appeals Jan 1990

Meadow Fresh Farms, Inc. V. Utah State University Department Of Agriculture And Applied Science, State Of Utah Department Of Health, Division Of Family Health Services, Utah State Department Of Agriculture, Von T. Mendenhall, Archie Hurst, Claudia Clark, Nancy G. Robinette, Barbara Prater And John/Jane Does 1 Through 20 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLEES STATE OF UTAH DEPARTMENT OF HEALTH, DIVISION OF FAMILY SERVICES, UTAH STATE DEPARTMENT OF AGRICULTURE, ARCHIE HURST, CLAUDIA CLARK AND NANCY G. ROBINETTE APPEAL FROM AN ORDER DENYING PLAINTIFF'S MOTION TO SET ASIDE AN ORDER OF DISMISSAL IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, THE HONORABLE J. DENNIS FREDERICK, PRESIDING.


An Independent Public Law, Carl W. Tobias Jan 1990

An Independent Public Law, Carl W. Tobias

Law Faculty Publications

This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.


Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren Jan 1990

Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren

Journal of Law and Health

A panel consisting of health care providers and consumers discussed defining the problem and searching for solutions. Richard Buxbaum of the Greater Cleveland Hospital Association addressed uncompensated care, otherwise known as charity care, as a problem for hospitals. Mandating employer based health insurance was offered as a solution. Frank Kimbler of the Federation for Community Planning gave an overview of the consumer side of the uninsured problem. He mentioned a joint pilot project to insure the working poor. Henry Manning of Metrohealth explained how price competition between hospitals creates a problem for urban teaching hospitals which bear the costs of …


Postpartum Depression: A Defense For Mothers Who Kill Their Infants, Debora K. Dimino Jan 1990

Postpartum Depression: A Defense For Mothers Who Kill Their Infants, Debora K. Dimino

Santa Clara Law Review

No abstract provided.


Utah V. Malstrom : Brief Of Appellant, Utah Court Of Appeals Jan 1990

Utah V. Malstrom : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.


Vincent Mendez V. State Of Utah, Department Of Social Services : Brief Of Appellee, Utah Court Of Appeals Jan 1990

Vincent Mendez V. State Of Utah, Department Of Social Services : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLEE Appeal from a final order on motion for summary judgment of the Second Judicial District Court, the Honorable Stanton M. Taylor, presiding, entered February 1, 1990.


Hazard Communication In The Workplace, Mark L. Goldstein Jan 1990

Hazard Communication In The Workplace, Mark L. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.


Promulgating The Marriage Contract, Lynn A. Baker Jan 1990

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …


Detecting, Deterring And Punishing The Use Of Fraudulent Academic Credentials: A Play In Two Acts, Santa Clara Law Review Jan 1990

Detecting, Deterring And Punishing The Use Of Fraudulent Academic Credentials: A Play In Two Acts, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Legislative Deliberations, Life And Death Issues: New Jersey Debates Living Wills And The Declaration Of Death, Matthew Malfa Jan 1990

Legislative Deliberations, Life And Death Issues: New Jersey Debates Living Wills And The Declaration Of Death, Matthew Malfa

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin Jan 1990

The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas Jan 1990

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …


The Right To Die: Green Lights And Yellow Lights, Yale Kamisar Jan 1990

The Right To Die: Green Lights And Yellow Lights, Yale Kamisar

Articles

In the long-awaited and much-discussed Nancy Cruzan case, a 5-4 Supreme Court majority ruled that absent "clear and convincing evidence" that a once but no longer competent patient wishes to discontinue her life support (in this instance artificial nutrition and hydration) a state is not constitutionally compelled to terminate that support.

Nancy's situation is tragic. Since suffering severe injuries in 1983, she has been in a persistent vegetative state. Yet medical experts testified that if her feeding tube were not removed she could linger on in her present condition for many years.

But the first thing to keep in mind …


Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman Jan 1990

Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman

Articles

This article addresses the perplexing and important problem of how to distinguish valid, large-scale trading activity from a squeeze. Part I analyzes and reformulates what I will call the price-impact test, according to which manipulation is conduct motivated by its impact on price. This test, I contend, states a necessary but not sufficient condition for characterizing conduct as a squeeze. Part II offers a substantially different test, which I call the modified-sanctions approach. Under this approach, the price-impact test is used as a preliminary safe-harbor standard. The modified-sanctions approach goes further, however, recognizing that the essence of a squeeze is …