Digital Commons Network^™

Fda Disclosure Of Safety And Efficacy Data: The Scope Of Section 301(J), Richard S. Fortunato

Fordham Law Review

No abstract provided.

The Constitutionality Of Louisiana Aid To Private Education, John H. Runnels

Louisiana Law Review

No abstract provided.

Chapter 10: Health

Women's Annotated Legal Bibliography

Cases — p. 290

Surrogate Motherhood — p. 300

Childbirth-Related Issues — p. 306

Health Care in General — p. 307

Miscellaneous Issues — p. 308

Addiction — p. 309

Breast Cancer — p. 309

Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher

Articles by Maurer Faculty

No abstract provided.

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

The Baby Jane Doe Litigation: An Exercise In Raw Executive Power, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Publications

No abstract provided.

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

American Indian Law Review

No abstract provided.

Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick

American Indian Law Review

No abstract provided.

Constitutional Law - Right To Privacy - Municipal Roadblock To Abortion Denounced - City Of Akron V. Akron Center For Reproductive Health, Inc., 103 S. Ct. 2481 (1983)., Carla J. Crusius

Seton Hall Law Review

No abstract provided.

Competence To Refuse Medical Treatment: Autonomy Vs. Paternalism, George J. Annas, Joan E. Densberger

Faculty Scholarship

The right to refuse medical treatment is universally recognized as a fundamental principle of liberty. Nonetheless, the right is often infringed upon by paternalistic physicians who either use too narrow a definition of competence, or misunderstand or ignore the patient's liberty interest in freedom from coerced medical interventions. A careful consideration of competence in the medical care setting leads to a conclusion that it can best be assessed by determining the patient's ability to understand the information necessary to provide informed consent to treatment. If a patient has this capacity, both his consent and refusal must be honored. Placing competence …

Refusal Of Lifesaving Treatment For Minors, George J. Annas

Faculty Scholarship

I feel very comfortable talking about human rights, civil rights, the role of individual privacy, autonomy, and dignity in making decisions about oneself. Yesterday's topics concerning adults and privacy, however, were much easier than today's, which deal with children. It's not difficult to argue for the right of competent adults, whether it be in Texas' or California,2 to make their own decisions. As much as we may or may not agree with their decisions, at least arguing that -competent individuals like Dax Cowart and Elizabeth Bouvia have a right to make their own decisions makes a lot of sense; the …

Withholding Treatment From Defective Infants: Infant Doe Postmortem, John M. Maciejczyk

Notre Dame Law Review

No abstract provided.

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne

Faculty Publications

No abstract provided.

Fairness In The Allocation Of Housing: Legal And Economic Perspectives, A. Wayne Mackay, Margaret Holgate

Dalhousie Law Journal

Housing is an emotional, almost religious, topic. Indeed, even church groups have been active in promoting public housing in Canada and elsewhere.' The housing market has also become a battleground for a struggle between vested property interests and citizens' groups which insist upon a redefinition of the right to shelter. Organizations, such as the Toronto-based People's Housing Coalition, Halifax's Access Housing Services Association, and a host of tenants' unions, ensure that housing problems are not hidden from public scrutiny. Developers and landlord associations have risen to the challenge and, under the banner of free enterprise, they steadfastly resist any charges …

The Significance Of Quantitative Evidence In Federal Trade Commission Deceptive Advertising Cases, David W. Barnes

Law and Contemporary Problems

No abstract provided.

Restricting The Availability Of Federal Habeas Corpus: Lehman V. Lycoming County Children's Services, James Andreasen

Tulsa Law Review

No abstract provided.

Export Financing By Cooperatives Through The Banks For Cooperatives: The Farm Credit Act Amendments Of 1980, Allen C. Hoberg

North Carolina Journal of International Law

No abstract provided.

Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law

West Virginia Law Review

No abstract provided.

Straying Wild Horses And The Range Landowner: The Search For Peaceful Coexistence, Alfred W. Buckley, William W. Buckley

Public Land & Resources Law Review

No abstract provided.

Muddle Of The Middle Tier: The Coming Crisis In Equal Protection, The, Richard H. Seeburger

Missouri Law Review

No abstract provided.

Introducing Brokers Under The Commodity Exchange Act: A New Category Of Commodity Professionals, Don L. Horwitz, David J. Gilberg

Washington and Lee Law Review

No abstract provided.

The Future Of Government Regulation Of Agriculture: Finance And Credit, J. W. Looney

Northern Illinois University Law Review

A discussion of the conflicting forces in agricultural credit, the goals and programs of the Farmers Home Administration, and privatization of the farm credit system.

The Role Of Mediation In Public Interest Disputes, Barbara Ashley Phillips, Anthony C. Piazza

UC Law Journal

The past two decades have seen a rapid increase in public interest litigation. However, in a time of decreased public funding, the survival of public interest law practice may depend on the availability of less costly alternatives to litigation. This Commentary suggests and explores one alternative: mediation. The Commentary first describes the mediation process and its general contribution to dispute resolution, and then addresses the particular value of mediation in public interest disputes. The Commentary proposes incorporating mediation into the public interest dispute resolution process, including judicial screening for cases ripe for mediation, and exploration by the federal government of …

Public Interest Practice In Practice: The Law And Reality, Anita P. Arriola, Sidney M. Wolinsky

UC Law Journal

At its best, the practice of public interest law is exciting, stimulating, and intensely rewarding. At its worst, public interest practice is frustrating and fraught with institutional obstacles. Ironically, at a time when demand for public interest legal services is increasing, the supply of such services is decreasing. This Commentary examines the roles of law schools, lawyers and bar associations, and government as contributors to this dilemma. The Commentary then discusses five representative cases of one public interest law firm, Public Advocates, Inc., to illustrate several problems facing public interest lawyers. The Commentary challenges law schools, bar associations, and the …

The Future Of Government Regulation Of Agriculture: Biting The Hand That Feeds Us?, James B. Wadley

Northern Illinois University Law Review

A discussion of the negative implications stemming from current agricultural regulations and their impact on the farming community.

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

In The Wake Of National League Of Cities V. Usery: A "Derelict" Makes Waves, Karen H. Flax

South Carolina Law Review

No abstract provided.