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The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman

American University Law Review

No abstract provided.

James T. Dikeou And Helen K. Dikeou, Individually And As The Natural Parents And Heirs Of The Estate Of Theodore "Ted" James Dikeou, Deceased V. Michael D. Dowdall, M.D., Jeffrey S. Osborn, M.D., And Hca Health Services Of Utah, Dba St. Mark's Hospital : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Brief of Appellee Jeffrey S. Osborn, M.D.

ON APPEAL FROM THE SUMMARY JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH HONORABLE RICHARD H. MOFFAT

South Davis Community Hospital V. Utah Department Of Health : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

PETITION FOR REVIEW OF A FINAL AGENCY ACTION OF THE UTAH DIVISION OF HEALTH CARE FINANCING DEPARTMENT OF HEALTH, ROD BETIT, INTERIM EXECUTIVE DIRECTOR.

State Of Utah V. Harry Irizarry : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM A FINAL JUDGMENT ENTERED ON AUGUST 11, 1993, BY THE HONORABLE DAVID E. ROTH, SENIOR JUDGE PRO TEM, THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH.

State Of Utah V. Harry Irizarry : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM A FINAL JUDGMENT ENTERED ON AUGUST 11, 1993, BY THE HONORABLE DAVID E. ROTH, SENIOR JUDGE PRO TEM, THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH.

State Of Utah V. Harry Irizarry : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

James A. Johnson And Jennifer L. Johnson V. Nielsen & Senior, A Utah Corporation And Pat B. Brian : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE JUDGMENT OF THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, THE HONORABLE VENOY CHRISTOPHERSON, JUDGE, PRESIDING

Poison Gas Proliferation: Paradox, Politics, And Law, John Paul Jones

Law Faculty Publications

After the outbreak of the 1991 Gulf War, Israeli civilians within the range of Iraqi SCUD missiles and allied troops in Operation Desert Storm braced themselves for a chemical weapons attack. Despite experts' assessments that Iraq possessed enough chemical weapons to mount a devastating attack, and Iraqi leader Saddam Hussein's threats to use those weapons,3 the fighting ended without a chemical attack. President Bush's veto and the Iraqis' restraint represent just two of the many paradoxes surrounding the proliferation of the "poor man's atom-bomb." This Article analyzes a series of paradoxes emanating from President Bush's campaign against chemical weapons.

Part …

Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall

Health Matrix: The Journal of Law-Medicine

No abstract provided.

International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

In 1972 international environmental law was a fledgling field with less than three dozen multilateral agreements. Today international environmental law is arguably setting the pace for cooperation in the international community in the development of international law. There are nearly nine hundred international legal instruments that are either primarily directed to international environmental issues or contain important provisions on them. This proliferation of legal instruments is likely to continue. Therefore, it is important to assess what we have done and explore where we are headed.

Parsing Good Faith: Has The United States Violated Article Vi Of The Nuclear Non-Proliferation Treaty?, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The Nuclear Non-Proliferation Treaty (NPT) has long been the cornerstone of the international effort to retard the spread of nuclear weaponry to additional countries, now appreciated as the greatest post-cold war threat to international peace and security. Under this treaty, the parties also undertook to pursue in good faith additional negotiations leading to further reductions in nuclear weapons-and, in fact, such subsequent bargaining has recently yielded dramatic, far-reaching successes. Professor Koplow, however, argues that in one crucial respect, the United States has been derelict in implementing the obligations of the NPT: Recent American presidents have rigidly refused to participate in …

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Comments On Hugh Lynch's Paper: Strategic Imperatives: Economic Warfare At Sea, Harry Almond

International Law Studies

No abstract provided.

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …

Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker

Michigan Journal of International Law

Review of the book by Richard A. Falk.

Ensuring The Future Of California Fisheries: A Comprehensive State Policy For The Protection Of Native Fishes During Water Transfers, Diane E. Lockareff

Santa Clara Law Review

No abstract provided.

Salt Lake City V. Jerry Krambule : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT An appeal from a jury verdict of guilty to Driving Under the Influence of Alcohol in violation of Utah Code Annotated § 41-6-44. in the Third Judicial Circuit Court, in and for Salt Lake County, State of Utah, the Honorable Michael K. Burton presiding.

The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock

Journal Publications

This Article addresses the issue of whether federal government employees should be able to use the False Claims Act, also known as the "federal whistleblower statute," to personally benefit from uncovering fraud against the government during the course of their employment. The Article addresses, therefore, the apparent collision between two policies: on the one hand, the federal government has a compelling interest in vigorously pursuing those contractors who defraud it; on the other hand, the government has an interest in not encouraging its own investigators to enrich themselves by bringing personal suits for damages against the target of their investigations.

Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham

University of Richmond Law Review

As a Cambridge magistrate in the England of 1960, Lady Rothschild doubtless considered herself an unlikely candidate for participation in a biblical drama reenactment. Nonetheless, on October 21, 1960, she willingly played the role of the last- minute angel of mercy in a virtual reenactment of the story of Abraham and Isaac -a story which, with unfortunate variations in the outcome for the child, seems destined to be repeated frequently in the future.

Rawls's Excessively Secular Political Conception, Gary C. Leedes

University of Richmond Law Review

In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

In the past year, several significant developments affecting children and the legal system have occurred: first, the General Assembly's enactment of Family Court legislation introduced under the auspices of the Supreme Court of Virginia and the Judicial Council; second, the reaffirmation of the Comprehensive Services Act, a state-wide, community-based, inter-agency system of delivering services to children, youth and their families; third, the adoption of a number of bills which address the growing problem of violence by juveniles; and fourth, an increasing number of decisions concerning transfer of juveniles to the circuit courts to be tried as adults, which also reflects …

Journeying Through The Valley Of Evil., Douglas O. Linder

Faculty Works

No abstract provided.

The Constitutional Ghetto, Robert L. Hayman, Nancy Levit

Faculty Works

The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment …

Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii

Cleveland State Law Review

The Clean Water Act makes it unlawful for anyone, including municipalities, to discharge a pollutant into navigable waters except as authorized by specific sections of the Act. To implement this prohibition, as well as the exceptions, the Act established a complex system regulating all discharges into the navigable waters of the United States. Under the Act, the discharge of pollutants without a permit or in violation of a permit condition may result in civil penalties and/or a criminal penalty per day per violation. While these penalties could be extremely costly for municipalities, the problem becomes even more severe because many …

Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski

Cleveland State Law Review

This note will provide an analysis of the issue of medical futility and propose "solutions" to the issue. Part II considers the definition of "medical futility" and different ways to view the concept. In Part III, the position is forwarded that medical futility is a question of values which the medical profession is not necessarily more qualified than a layperson to answer. In Part IV, medical futility will be examined in the context of existing law. This section also addresses the potential tort liability of a health care provider who unilaterally takes certain actions based on the concept of medical …

The Environmental Implications Of A North American Free Trade Agreement, James P. Duffy Iii

Hofstra Labor & Employment Law Journal

No abstract provided.

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.

Sex, Reason, And A Taste For The Absurd, Robin West

Georgetown Law Faculty Publications and Other Works

Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …