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Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …

The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas

Washington Law Review

This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.

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

University of Richmond Law Review

This article last year noted the disturbing increase in the number of reported cases involving individuals prosecuted for the sexual abuse of children, and the persistence of legislative efforts to address the profound difficulties encountered by young children called as witnesses in those cases. This year, the General Assembly finally yielded to the urgings of those seeking changes in the law, and to the recommendations of a joint legislative subcommittee created in 1987 to study the problem of child abuse victims as witnesses in the courtroom. The subcommittee recommended the enactment of four bills in an effort to minimize the …

Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone

Popular Media

No abstract provided.

What Has Happened Since Chakrabarty, Jane M. Marciniszyn

Journal of Law and Health

It is conventional wisdom that the patent system is designed to undergrid the investment in pushing technology forward. The patent system is innovation-oriented. And (sic) it functions most effectively in the expensive, breakthrough technologies, where uncertainties of success or payback abound. If, in assessing the risk of commitment, the penalties of failure outweigh the prizes of success, the prudent money will go elsewhere. The patent system moves the equation to the right, not by better assuring success (for only public needs and market values can do that), but by aiding success through offering the innovator a temporary respite from non-innovative …

Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves

Journal of Law and Health

This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with …

Plemel As A Primer On Proving Paternity, David H. Kaye

Faculty Scholarship

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …

Restoration Of The Chesapeake Bay: A Multi-State Institutional Challenge, James T.B. Tripp, Michael Oppenheimer

Maryland Law Review

No abstract provided.

Reducing Bay Nutrients: An Economic Perspective , Alan J. Krupnick

Maryland Law Review

No abstract provided.

Leon H. Saunders, Robert Felton, J. Richard Rees, Saunders Land Investment Corp., A Utah Corporation, White Pine Ranches, A Utah General Parternship, And White Pine Enterprises, A Utah General Partnership V. John C. Sharp, Geraldine Y. Sharp And Associated Title Company, A Utah Corporation, As Trustee V. Commissioner Of Financial Instructions As Receiver For Tracy Collins Bank And Trust Company : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM JUDGMENT AND FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT OF AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE J. DENNIS FREDERICK

William "Billy Joe" Scheller V. Unknown : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Heber Creeper, Inc. V. Gordon Mendenhall And Leon Ritchie : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM FINAL JUDGMENT AND ORDER OF THE FOURTH JUDICIAL DISTRICT COURT WASATCH COUNTY, JUDGE CULLEN Y. CHRISTENSEN

Steven H. Swayne V. L.D.S. Social Services, John Doe, And Jane Doe : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

SUPPLEMENTAL BRIEF OF RESPONDENTS/CROSS-PETITIONERS

Steven H. Swayne V. L.D.S. Social Services, John Doe, And Jane Doe : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

Steven H. Swayne V. L.D.S. Social Services, John Doe, And Jane Doe : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

No abstract provided.

Steven H. Swayne V. L.D.S. Social Services, John Doe And Jane Doe : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Case No. 880177CA Category No. 7 REPLY BRIEF OF APPELLANT Appeal from a final judgment of the Third District Court, Honorable Homer F. Wilkinson.

Steven H. Swayne V. L.D.S. Social Services : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM A FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, JUDGE H0MER WILKINSON

The State Of Utah V. Robert Paul Pacheco : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF RESPONDENT APPEAL FROM A CONVICTION OF BURGLARY, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-202 (1978), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE DAVID S. YOUNG, JUDGE, PRESIDING.

Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge

University of Richmond Law Review

In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.

Response To From Scopes To Edwards, Gary C. Leedes

University of Richmond Law Review

Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …

Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy Contracts, Irma S. Russell

Faculty Works

No abstract provided.

Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty

Cleveland State Law Review

Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant …

Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno

Faculty Scholarship

This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …

Biotechnology: A First Order Technico-Legal Revolution, Vincent M. Brannigan

Hofstra Law Review

No abstract provided.

Making The Grade: Testing For Human Genetic Disorders, Robert Wachbroit

Hofstra Law Review

No abstract provided.

A Need For Caring, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Review of AIDS AND THE LAW: A GUIDE FOR THE PUBLIC. Edited by Harlon L. Dalton, Scott Burris, and the Yale AIDS Law Project. New Haven: Yale University Press. 1987. Pp. vii, 382.

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This article draws …

Within The Hundredth Meridian: Western States And Their River Basins In A Time Of Transition, John M. Volkman, Kai N. Lee

University of Colorado Law Review

No abstract provided.

The Role Of Contract Principles In Determining The Validity Of Surrogacy Contracts, June R. Carbone

Santa Clara Law Review

No abstract provided.

Claims Procedures In Large Consumer Class Actions And Equitable Distribution Of Benefits, Gail Hillebrand, Daniel Torrence

Santa Clara Law Review

No abstract provided.