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Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

Articles

No abstract provided.

Taking Account Of The Ecosystem On The Public Domain: Law And Ecology In The Greater Yellowstone Region, Robert B. Keiter

Utah Law Faculty Scholarship

Greater Yellowstone's future will be shaped by, and ultimately will reflect, evolving national public values. The ecosystem concept interjects a provocative new image into the debates that are now influencing and molding public lands policy. Scientifically, the concept demonstrates the indisputable interconnectedness of jurisdictionally fragmented public lands. And the concept has great power as a metaphorical device, rooted in scientific fact yet evocative enough to stir the hearts and minds of an American public now strongly committed to the preservationist ideal and its national parks heritage. Already the Greater Yellowstone Ecosystem concept has fused two world-renowned national parks, several well-known …

Book Review Of Chadha: The Story Of An Epic Constitutional Struggle, Frank J. Sorauf

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

Book Review of Chadha: The Story of an Epic Constitutional Struggle. By Barbara Hinkson Craig. New York: Oxford University Press. 1988. Pp. ix, 262. Reviewed by: Frank J. Sorauf.

Book Review Of Law & Literature: A Misunderstood Relation, Lino A. Graglia

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

Book Review of Law & Literature: A Misunderstood Relation. By Richard A. Posner. Cambridge: Harvard University Press. 1989. Pp. 384. Reviewed by: Lino A. Graglia.

Six Theses On Interpretation, Cass R. Sunstein

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

No abstract provided.

Book Reviews Of Final Report Of The Attorney General's Commission On Pornography, United States Of America Vs. Sex, The Question Of Pornography: Research Findings And Policy Implications, Seven Dirty Words And Six Other Stories, And Pornography: Marxism, Feminism, And The Future Of Sexuality, James Magee

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

Book Review of Final Report of the Attorney General's Commission on Pornography. Michael J. McManus, ed. Nashville, Tennessee: Rutledge Hill Press. 1986. Pp. i, 571 ; United States of America vs. Sex. Philip Nobile and Eric Nadle ; The Question of Pornography: Research Findings and Policy Implications. By Edward Donnerstein, Daniel Linz, and Steven Penrod. New York: The Free Press. 1987. Pp. xiv, 274 ; Seven Dirty Words and Six Other Stories. By Matthew L. Spitzer. New Haven, Connecticut: Yale University Press. 1986. Pp. xii, 163 ; Pornography: Marxism, Feminism, and the Future of Sexuality. By Alan Soble. New Haven, …

Aids And Discrimination In The United States: Reflections On The Nature Of Prejudice In A Virus, Mary C. Dunlap

Villanova Law Review (1956 - )

No abstract provided.

Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen

Faculty Scholarship

A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.

Liberating Progress And The Free Market From The Specter Of Tort Liability (Book Review), Vincent R. Johnson

Faculty Articles

That all is not well with tort law cannot seriously be doubted. In Liability: The Legal Revolution and Its Consequences, Peter Huber attempts to chronicle the changes in tort doctrine over the past thirty or so years that have brought tort law to its present crisis, and to prescribe sweeping remedial actions capable of defining a more intelligent course of accident compensation. Drastic measures are necessary, Huber argues, because of the magnitude of the emergency.

Huber’s critique of modern tort law is always provocative and often perceptive and enlightening. The book identifies many jurisprudential trouble-spots which cry out for reform, …

Introduction - Health Care Workers And Aids, Edward N. Brandt Jr.

Maryland Law Review

No abstract provided.

Workplace Exposure To Aids, Debra A. Abbott

Maryland Law Review

No abstract provided.

The University And The Aims Of Professional Education, Terrance Sandalow

Book Chapters

The graduate schools of elite American universities, Daniel Bell wrote not many years ago (though before "elite" had become a term of opprobrium), stand at the center of their parent institutions, a position from which they dominate not only American higher education but, increasingly, the intellectual life of the nation. Michigan was, of course, high on Bell's list of elite universities, and it is, therefore, fitting that we mark the fiftieth anniversary of the establishment of its graduate school as an occasion worthy of celebration.

The State Of Utah V. Ricky Palmer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appeal from a judgment and conviction for Retail Theft, a third degree felony, in violation of Utah Code Ann. § 76-6-602(3) (1953 as amended), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Leonard H. Russon, Judge, presiding.

New Frontiers: Individual Rights Under The California Constitution, Margaret C. Crosby

UC Law Constitutional Quarterly

No abstract provided.

Faith (Healing), Hope And Charity At The Fda: The Politics Of Aids Drug Trials, George J. Annas

Villanova Law Review (1956 - )

No abstract provided.

The Pennsylvania Protection From Abuse Act: 1988 Amendments Provide Greater Protection To Victims Of Domestic Violence, Ellen S. Frank

Villanova Law Review (1956 - )

No abstract provided.

Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel

Center for the Study of Ethics in Society Papers

Papers Published by the Center for the Study of Ethics in Society, Western Michigan University.

The Role Of Law In The Development And Management Of China's Ocean Resources, Roy S. Lee

NYLS Journal of International and Comparative Law

No abstract provided.

The Meaning Of Sexual Equality: A Comparison Of The Soviet And American Definitions, Rosalie B. Levinson

NYLS Journal of International and Comparative Law

No abstract provided.

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Book Review Of American Constitutional Law. (2d Ed.), Stanley C. Brubaker

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

Book Review of American Constitutional Law. (2d ed.). By Laurence M. Tribe. Mineola, New York: Foundation Press. 1988. P.p. 1778. Reviewed by: Stanley C Brubaker.

Surrogate Parenting: What We Can Learn From Our British Counterparts, Mindy Ann Baggish

Case Western Reserve Law Review

No abstract provided.

Discretionary Function Exception To Federal Tort Claims Act Does Not Bar Claim That Federal Agencies Improperly Licensed And Released Polio Vaccine, Mary L. Smith

Loyola Consumer Law Review

No abstract provided.

Legal Implications Of The G-8 Huntington's Disease Genetic Marker, Cheryl L. Becker

Case Western Reserve Law Review

No abstract provided.

The Viability Of Citizens' Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Beverly Mcqueary Smith

Case Western Reserve Law Review

No abstract provided.

Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin

Case Western Reserve Law Review

No abstract provided.

Berkovitz V. United State: Has A Phoenix Arisen From The Ashes Of Varig, Thomas H. (Speedy) Rice

Journal of Air Law and Commerce

No abstract provided.

Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article is thus an exploration of the essentials of the human personhood in community, both the intimate community of family and close friends and the larger, more impersonal community of hospitals and health care providers, courts, legislatures, and lawyers. After undertaking an analysis of the sources of the autonomy model for decisionmaking in this area and the negative consequences of an exclusive reliance on that model, this Article will propose a new moral, legal, and medical framework for making medical treatment decisions for incompetent incurably ill adults. This model both provides maximum opportunities for each individual to determine for …

Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda

Michigan Journal of International Law

The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.

Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn

Michigan Journal of International Law

This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …