Digital Commons Network^™

Bonfield On State Administrative Rulemaking: A Critique, Carl A. Auerbach

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Baby Doe's New Guardians: Federal Policy Brings Nontreatment Decisions Out Of Hiding, Mary Ann Born

Kentucky Law Journal

No abstract provided.

In Re: International Child Abduction V. Best Interests Of The Child: Comity Should Control, Esther Levy Blynn

University of Miami Inter-American Law Review

No abstract provided.

Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush

UF Law Faculty Publications

With or without Roe, difficult questions regarding the state's role in prenatal caretaking remain. Unless the Supreme Court addresses the assumptions underlying the abortion controversy, overruling Roe would not resolve the problem of allocating decision making responsibility between the woman and the state during the woman's pregnancy. Fundamental constitutional questions about life and death, parental authority over the fetus, and the scope of the woman's right of privacy outside of abortion have not been answered by the Supreme Court.

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.

In Re R.J. Reynolds Tobacco Co., Inc.: The Common Sense Distinction Between Commercial And Noncommercial Speech, Thomas H. Nienow

UC Law Constitutional Quarterly

No abstract provided.

State Bd. For Nursing; Series Ii; File 104, Juanita Hunter

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

No abstract provided.

Criminal Prosecutions Initiated By Administrative Agencies: The Fda, The Accardi Doctrine And The Requirement Of Consistent Agency Treatment, Joseph T. Jr. Small, Robert A. Burgoyne

Journal of Criminal Law and Criminology

No abstract provided.

The Future Of Tax Reform: A Rejoinder To Professor Zelinsky, Edward Yorio

Fordham Law Review

No abstract provided.

Walter K. Gilmore V. Salt Lake Area Community Action Program, Hal J. Schultz, Robert E. Philbrick, Fred Geter, Richard Fields, Ann O'Connell, John Does 1-30 : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF RESPONDENTS

Appeal from a Summary Judgment Third Judicial District Court The Honorable Homer F. Wilkinson

The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh

Journal of Law and Health

The possibility of imposing such liability has tremendous implications not only for the physician and clinic directly involved, but also for other health care practitioners, health care consumers, and the legal profession, as well. This Note will focus on those implications and proposes a solution to the issues raised by this type of litigation.

Lanier Brugh, Inc V. Steward : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPENDIX V 1986 PHYSICIANS DESK REFERENCE PRODUCT INFORMATION

Session Law 87-196, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 87-243, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.

Out Of The Shadows: Defining "Known To The Government" In The Immigration Reform And Control Act Of 1986, Carl Stine

Fordham International Law Journal

This Note argues that these rules contradict the language and purposes of the Act. Part I of this Note examines the rules promulgated by the INS defining "known to the Government." Part II discusses the only reported case to dispute that definition and analyzes Chevron U.S.A., INc. v. Natural Resources Defense Council, Inc., the governing Supreme Court decision regarding judicial review of a government agency's interpretation of a statute that it administers. Part III uses the Chevron test to analyze the INS's rules defining "known to the Government." This Note concludes that the INS should adopt a broader definition that …

The "Public Interest Or Concern" Test: Have We Resurrected A Standard That Should Have Remained In The Defamation Graveyard?, De Vonna Joy

Marquette Law Review

No abstract provided.

United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in Japan Whaling Association temporarily settled the question of whether the United States would pursue whale conservation with a hard line or moderate approach. The Court's decision to affirm the moderate approach will affect United States conservation efforts as well as the IWC's efforts. Conservationists argue that a strict approach to whale protection is the only effective alternative. Current United States policy and law reject that view. Had a full Court adopted a strict conservationist position with Justice Marshall and the other three dissenters, United States whale policy would be markedly different. United States policy would …

A Look At The Gramm-Rudman-Hollings Act, Susan Bielanowski

University of Dayton Law Review

No abstract provided.

Regional Human Rights Regimes: A Comparison And Appraisal, Burns H. Weston, Robin A. Lukes, Kelly M. Hnatt

Vanderbilt Journal of Transnational Law

For Americans at least, active concern for human rights on the international plane is demonstrated perhaps most conspicuously in the promotion and protection of human rights through the United Nations and its allied agencies--apart, that is, from the promotion and protection of human rights through United States foreign policy and the work of such nongovernmental organizations as Amnesty International. Supplementing this globally-oriented human rights activity, however, are international human rights regimes operating regionally in Western Europe, the Americas, Africa and the Middle East. Concededly, Asia is not yet represented, and only the first three of the represented regions have gone …

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas

Faculty Scholarship

Jay Katz introduces his remarkable and insightful book, The Silent World of Doctor and Patient, by recounting a portion of Solzhenitsyn's Cancer Ward. He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient …

Remote Sensing For Public Safety, Margaret-Susan Endsley

Santa Clara High Technology Law Journal

No abstract provided.

One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss

Faculty Scholarship

Recent writing about the Supreme Court has stressed the implications of the extraordinary growth in the Court's docket – and, even more, the growth in the overall level of judicial activity in the nation's courts – for its performance of its judicial task. Generally, this writing seeks first to determine whether the Court has been forced to bypass questions it ought normally to hear (for example, square conflicts between two of the federal circuits), editorializes about the increasing bureaucratization of the Court, and passes on to normative questions about what if anything ought to be done to ease the Court's …

Medical Treatment Of Handicapped Infants: Who Should Make The Decision, Barbara J. Mangrum

Tulsa Law Review

No abstract provided.

The Opinion Volume 27 Number 6 – November 12, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 12, 1986

Regulation Of New Financial Instruments Under The Federal Securities And Commodities Laws, David J. Gilberg

Vanderbilt Law Review

In the last few years, "an endless stream of exotic financial instruments conjured by Wall Street wizards" literally has taken the financial community by storm, fundamentally altering market trading practices and pitting institutions against each other in an intense competition for development of still more innovative instruments. These products--which include various types of"swaps," options, forward contracts, and price guarantees--now are being offered to and traded by every major financial institution and multinational corporation in the world, as well as by governments and individuals, and nothing indicates that the unprecedented growth of the markets for such instruments is likely to sub-side …

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Duke Law Journal

No abstract provided.

Statistical Proof And Theories Of Discrimination, Douglas Laycock

Law and Contemporary Problems

No abstract provided.

Legisprudential Considerations In Unraveling The Safety Net: Food Stamps, Foster Care, And The Indian Child Welfare Act, James T. Hamilton

Minnesota Journal of Law & Inequality

No abstract provided.