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Undercurrents In International Law: A Tale Of Two Treaties, Sharon O'Brien Jan 1985

Undercurrents In International Law: A Tale Of Two Treaties, Sharon O'Brien

Canada-United States Law Journal

international law, treaty law, law of treaties


A Proposal For Uniform Regulation Of Foreign Investment In American Real Estate, Andrew J. Starrels Jan 1985

A Proposal For Uniform Regulation Of Foreign Investment In American Real Estate, Andrew J. Starrels

Cornell International Law Journal

No abstract provided.


Medical Authority And Infanticide, Patrick A. Malone Jan 1985

Medical Authority And Infanticide, Patrick A. Malone

Journal of Law and Health

This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …


Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein Jan 1985

Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein

Articles

No abstract provided.


California's "Social Content" Guidelines For Textbooks, Daniel A. Farber, David P. Bryden Jan 1985

California's "Social Content" Guidelines For Textbooks, Daniel A. Farber, David P. Bryden

Constitutional Commentary, Vols 1–36 (1984–2022)

Includes copy of: Standards for evaluation of instructional materials with respect to social content, 1982 edition, prepared by the Curriculum Frameworks and Instructional Materials Unit, California State Department of Education


Personal Jurisdiction Over Publishers In Defamation Actions: A Current Assessment, Elizabeth A. Malloy Jan 1985

Personal Jurisdiction Over Publishers In Defamation Actions: A Current Assessment, Elizabeth A. Malloy

Villanova Law Review (1956 - )

No abstract provided.


Torts, Ralph Michael Stein Jan 1985

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …


Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough Jan 1985

Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough

Cleveland State Law Review

It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …


Rajneeshpuram: Religion Incorporated, Janice L. Sperow Jan 1985

Rajneeshpuram: Religion Incorporated, Janice L. Sperow

UC Law Journal

In 1981, the Indian guru Bhagwan Shree Rajneesh and his followers, acting through their religious corporations, purchased 64,229 acres in rural Oregon. On this land they hope to realize their "religious vision" by creating a unique religious community dedicated to the teachings of Rajneeshism. The Rajneeshees have attained that dream by incorporating two thousand of those acres as Rajneeshpuram, an Oregon municipality. The one thing that potentially can obstruct this dream is the establishment clause of the first amendment. Because the land ownership scheme and corporate holdings in Rajneeshpuram place the City in the actual control of an organized religion, …


Hunger; Series Ii; File 52, Juanita Hunter Jan 1985

Hunger; Series Ii; File 52, Juanita Hunter

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

No abstract provided.


Recent Developments In The Law Jan 1985

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Public Misperceptions Concerning The "Politics" Of Judging: Dispelling Some Myths About The D.C. Circuit, Harry T. Edwards Jan 1985

Public Misperceptions Concerning The "Politics" Of Judging: Dispelling Some Myths About The D.C. Circuit, Harry T. Edwards

University of Colorado Law Review

No abstract provided.


Putting Meaning Into The Treaty Exception To The Act Of State Doctrine, Dennis G. Terez Jan 1985

Putting Meaning Into The Treaty Exception To The Act Of State Doctrine, Dennis G. Terez

Case Western Reserve Journal of International Law

No abstract provided.


Legal Aspects Of Membership In The Organization Of African Unity: The Case Of The Western Sahara, Anthony G. Pazzanita Jan 1985

Legal Aspects Of Membership In The Organization Of African Unity: The Case Of The Western Sahara, Anthony G. Pazzanita

Case Western Reserve Journal of International Law

No abstract provided.


The Vertical Restraints Guidelines: Improvement Or More Confusion, John M. Majoras Jan 1985

The Vertical Restraints Guidelines: Improvement Or More Confusion, John M. Majoras

Case Western Reserve Law Review

No abstract provided.


Preface To The Federal Role In Child Care, Patricia Divine-Hawkins, Dodie Truman Livingston Jan 1985

Preface To The Federal Role In Child Care, Patricia Divine-Hawkins, Dodie Truman Livingston

Santa Clara Law Review

No abstract provided.


Day-Care Regulation: Legal And Policy Issues, Erica B. Grubb Jan 1985

Day-Care Regulation: Legal And Policy Issues, Erica B. Grubb

Santa Clara Law Review

No abstract provided.


National Security Implications Of Structural Changes In U.S. Agriculture, Gene Wunderlich Jan 1985

National Security Implications Of Structural Changes In U.S. Agriculture, Gene Wunderlich

Oklahoma Law Review

No abstract provided.


Food Security: Policy Options And Implications For National Security In Developing Countries, Jack W. Van Holst Pellekaan Jan 1985

Food Security: Policy Options And Implications For National Security In Developing Countries, Jack W. Van Holst Pellekaan

Oklahoma Law Review

No abstract provided.


A Moment In Human Development: Legal Protection, Ethical Standards And Social Policy On The Selective Non-Treatment Of Handicapped Neonates, Lawrence O. Gostin Jan 1985

A Moment In Human Development: Legal Protection, Ethical Standards And Social Policy On The Selective Non-Treatment Of Handicapped Neonates, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Selective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this article, the author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II he discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to …


Authority, Autonomy, And Choice: The Role Of Consent In The Moral And Political Visions Of Franz Kafka And Richard Posner, Robin West Jan 1985

Authority, Autonomy, And Choice: The Role Of Consent In The Moral And Political Visions Of Franz Kafka And Richard Posner, Robin West

Georgetown Law Faculty Publications and Other Works

In "The Ethical and Political Basis of Wealth Maximization" and two related articles, Professor (now Judge) Richard Posner argues that widely shared pro-autonomy moral values are furthered by wealth-maximizing market transfers, judicial decisions, and legal institutions advocated by members of the "law and economics" school of legal theory. Such transactions, decisions, and institutions are morally attractive, Posner argues, because they support autonomy; wealth-maximizing transfers are those to which all affected parties have given their consent. This Article argues that Posner's attempt to defend wealth-maximization on principles of consent rests on a simplistic and false psychological theory of human motivation. Posner's …


Child Care And The Law, Kathleen A. Murray Jan 1985

Child Care And The Law, Kathleen A. Murray

Santa Clara Law Review

No abstract provided.


Constitutional Law - Moore V. U.S. House Of Representatives: A Possible Expansion Of Congressmen's Standing To Sue, David T. Link, Jeffrey L. Elverman, Thomas E. Lange Jan 1985

Constitutional Law - Moore V. U.S. House Of Representatives: A Possible Expansion Of Congressmen's Standing To Sue, David T. Link, Jeffrey L. Elverman, Thomas E. Lange

Journal Articles

In Moore v. U.S. House of Representatives,I the United States Court of Appeals for the District of Columbia Circuit addressed the question of whether individual congressmen have standing to sue the Congress. In Moore, members of the House of Representatives sought declaratory relief to invalidate the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA).2 The congressmen contended that TEFRA originated in the Senate in violation of the origination clause of the United States Constitution, 3 which requires that bills for raising revenue originate in the House of Representatives. Although the District of Columbia Circuit ultimately denied relief on the …


Miller V. Commissioner: Deductibility Of Casualty Losses After Voluntary Election Not To File An Insurance Claim, Stephen J. Dunn, Robert H. Kurnick, Matthew J. Barrett Jan 1985

Miller V. Commissioner: Deductibility Of Casualty Losses After Voluntary Election Not To File An Insurance Claim, Stephen J. Dunn, Robert H. Kurnick, Matthew J. Barrett

Journal Articles

Taxpayers who suffer casualty losses may decide, for a variety of reasons, not to file an insurance claim for recovery of those losses. Section 165 of the Internal Revenue Code of 1954 allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.”' Consequently, the question arises whether a taxpayer may claim a casualty loss deduction even though the taxpayer did not seek insurance reimbursement for the loss. In Miller v. Commissioner, the United States Court of Appeals for the Sixth Circuit, in a 6-5 en banc decision, expressly overruled its previous …


Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno Jan 1985

Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno

Faculty Scholarship

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological, psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency …


Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman Jan 1985

Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman

Villanova Law Review (1956 - )

No abstract provided.


The Forum (December 1984), Valparaiso University School Of Law Dec 1984

The Forum (December 1984), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


Cleveland Rally Speech, Brooklyn Community Center, Geraldine Ferraro Nov 1984

Cleveland Rally Speech, Brooklyn Community Center, Geraldine Ferraro

Speeches

Speech for campaign rally at the Brooklyn Community Center, Cleveland, OH, November 5, 1984.


Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness Nov 1984

Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness

Northern Illinois University Law Review

An examination of the decision in Roe v. Wade and the objectives underlying state protection of potential human life. This article examines the prevailing Illinois public policy and current Illinois law, as well as suggesting potential changes for total protection of potential human life.


Germantown Rally Speech, Geraldine Ferraro Oct 1984

Germantown Rally Speech, Geraldine Ferraro

Speeches

Speech for campaign rally at Germantown High School, Pennsylvania, October 30, 1984. Includes handwritten notes and diacritic marks.