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Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh Jan 1998

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.

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Control Freaks, John H. Garvey Jan 1998

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.

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Harnessing The Human Genome Through Legislative Restraint, George P. Smith Ii Jan 1998

Harnessing The Human Genome Through Legislative Restraint, George P. Smith Ii

Scholarly Articles

The awesome predictive power of genetic medicine promises great advancements in not only the treatment of identifiable conditions but the prevention of their pathological manifestations. At the same time, the release and dissemination of this genetic or medical information poses a distinct risk of loss of privacy and stigmatization to carriers of genetic disorders. In order to safeguard the individual right of autonomy, privacy, confidentiality and informed consent-yet accommodate the legitimate interests of employers and insurers to obtain medical information relevant to their professional needs and economic responsibilities a balance must be struck legislatively at the federal and state levels …

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Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson Jan 1998

Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson

Canada-United States Law Journal

No abstract provided.

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The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon Jan 1998

The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon

Washington International Law Journal

The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees …

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An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis Jan 1998

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …

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The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue Jan 1998

The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue

Northwestern Journal of International Law & Business

Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …

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A New Human Right--The Right To Globalization, Michael D. Pendleton Jan 1998

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …

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Of Dolphins And Tuna: The Evolution To An International Agreement, Rachel C. Hampton Jan 1998

Of Dolphins And Tuna: The Evolution To An International Agreement, Rachel C. Hampton

Fordham Environmental Law Review

No abstract provided.

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An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames Jan 1998

An Examination Of Mexico And The Unreasonable Goals Of The United Nations Conference On Environment And Development (Unced), Jeanine E. Dames

Fordham Environmental Law Review

No abstract provided.

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The International Court Of Justice Decision Regarding The Gabcikovo-Nagymaros Project, Mari Nakamichi Jan 1998

The International Court Of Justice Decision Regarding The Gabcikovo-Nagymaros Project, Mari Nakamichi

Fordham Environmental Law Review

No abstract provided.

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United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley Jan 1998

United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Taking Aim At Regime Elites: Assassination, Tyrannicide, And The Clancy Doctrine, Thomas C. Wingfield Jan 1998

Taking Aim At Regime Elites: Assassination, Tyrannicide, And The Clancy Doctrine, Thomas C. Wingfield

Maryland Journal of International Law

No abstract provided.

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What's In A Name--Not Much For Equitable Adoption In Missouri, Christopher J. Petri Jan 1998

What's In A Name--Not Much For Equitable Adoption In Missouri, Christopher J. Petri

Missouri Law Review

No abstract provided.

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The Rivalry Between Truth And Privilege: The Weakness Of The Supreme Court's Instrumental Reasoning In Jaffee V. Redmond, 518 U.S. 1 (1996), Edward Imwinkelried Jan 1998

The Rivalry Between Truth And Privilege: The Weakness Of The Supreme Court's Instrumental Reasoning In Jaffee V. Redmond, 518 U.S. 1 (1996), Edward Imwinkelried

UC Law Journal

No abstract provided.

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The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger

Faculty Scholarship

Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …

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Medical Implications Of The Genetic Revolution, Monique K. Mansoura, Francis S. Collins Jan 1998

Medical Implications Of The Genetic Revolution, Monique K. Mansoura, Francis S. Collins

Journal of Health Care Law and Policy

No abstract provided.

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Family Disclosure In Genetic Testing For Cancer Susceptibility: Determinants And Consequences, Caryn Lerman, Beth N. Peshkin, Chanita Hughes, Claudine Isaacs Jan 1998

Family Disclosure In Genetic Testing For Cancer Susceptibility: Determinants And Consequences, Caryn Lerman, Beth N. Peshkin, Chanita Hughes, Claudine Isaacs

Journal of Health Care Law and Policy

No abstract provided.

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Ethical Responsibilities Of Patients And Clinical Geneticists, Allen Buchanan Jan 1998

Ethical Responsibilities Of Patients And Clinical Geneticists, Allen Buchanan

Journal of Health Care Law and Policy

No abstract provided.

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Boling V. Romer: Federal Courts Condone Forced Withdrawal Of Blood For Dna Data Banks Despite Constitutional Concerns, C. Teddy Li Jan 1998

Boling V. Romer: Federal Courts Condone Forced Withdrawal Of Blood For Dna Data Banks Despite Constitutional Concerns, C. Teddy Li

Journal of Health Care Law and Policy

No abstract provided.

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Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller Jan 1998

Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller

Journal of Health Care Law and Policy

No abstract provided.

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The National Bioethics Advisory Commission: Bridging The Gaps In Human Subjects Research Protection, James F. Childress Jan 1998

The National Bioethics Advisory Commission: Bridging The Gaps In Human Subjects Research Protection, James F. Childress

Journal of Health Care Law and Policy

No abstract provided.

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Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love Jan 1998

Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love

Journal of Health Care Law and Policy

No abstract provided.

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Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves Jan 1998

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves

Journal of Health Care Law and Policy

No abstract provided.

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Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman Jan 1998

Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

The result of the monumental shifts in the structure and financing of health care delivery is that at the very time that medical innovations have made possible significant improvements in the quality and quantity of life for people with chronic illnesses, those who are responsible for paying for Americans' health care, in government and the private sector, seem to have finally said “Enough! We must cut costs, and cut them dramatically, and the simplest, most direct way of cutting costs is to deny coverage for certain kinds of treatments and certain kinds of illnesses.” People with HIV and AIDS are …

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The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …

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Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …

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Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers Jan 1998

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …

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Asian Dragons And Green Trade, Simon S. C. Tay & Daniel C. Esty, Eds., Lakshman D. Guruswamy Jan 1998

Asian Dragons And Green Trade, Simon S. C. Tay & Daniel C. Esty, Eds., Lakshman D. Guruswamy

Colorado Environmental Law Journal

No abstract provided.

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The Tropical Forest Conservation Act, Amanda Lewis Jan 1998

The Tropical Forest Conservation Act, Amanda Lewis

Colorado Environmental Law Journal

No abstract provided.

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