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Health And Welfare, University Of The Pacific; Mcgeorge School Of Law Jan 1985

Health And Welfare, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Federal Jurisdiction, Thomas E. Baker Jan 1985

Federal Jurisdiction, Thomas E. Baker

Faculty Publications

No abstract provided.


Surrogate Motherhood: New Hope For Infertile Couples, Renee L. Menasche Jan 1985

Surrogate Motherhood: New Hope For Infertile Couples, Renee L. Menasche

University of Baltimore Law Forum

No abstract provided.


Television Newscasters And The Bona Fide Occupational Qualification: A Justified Exception To Title Vii, 6 Computer L.J. 157 (1985), Sari Stabler Jan 1985

Television Newscasters And The Bona Fide Occupational Qualification: A Justified Exception To Title Vii, 6 Computer L.J. 157 (1985), Sari Stabler

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Computer In A Finite World, 6 Computer L.J. 349 (1985), Jay David Bolter Jan 1985

The Computer In A Finite World, 6 Computer L.J. 349 (1985), Jay David Bolter

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson Jan 1985

Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson

Faculty Scholarship

This Article attempts to provide a preliminary overview of the issues in the Mental Health Standards as they relate to defendants with mental retardation. Part I reviews the history of the treatment of retarded defendants in the criminal justice system. Part II describes the characteristics of people with mental retardation and the consequences of those characteristics. Part III then discusses the extent to which mental retardation should be exculpatory of criminal responsibility. Part IV analyzes the critical importance of competence issues to mentally retarded defendants. Part V elaborates upon dispositional issues including civil commitment and sentencing. Parts VI and VII …


Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance Jan 1985

Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains the Report to the President for 1984-85, and the workforce analyses, availability rates, goals and timetables for the 1985-86 academic year by departmental units. the ultimate goals are scheduled for 1987.


The Uncertain Quest For Welfare Rights, Richard A. Epstein Jan 1985

The Uncertain Quest For Welfare Rights, Richard A. Epstein

Articles

No abstract provided.


Outer Space Arms Control: Existing Regime And Future Prospects, Norman A. Wulf Jan 1985

Outer Space Arms Control: Existing Regime And Future Prospects, Norman A. Wulf

Space Law Documents

The existing arms control regime for outer space bans attacks on satellites of other countries, except as acts of self-defense. The moon and other celestial bodies cannot be used for military activities. Detonating nuclear explosives in outer space is prohibited. Deployment in space of nuclear weapons or other weapons of mass destruction is prohibited. Development, testing, or deployment of space-based anti-ballistic systems or their components by the United States or the Soviet Union is prohibited.

Proposals that outer space be demilitarized or that anti-satellite weapons be banned create complex problems. Since all space activities have potential military uses, great care …


The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner Jan 1985

The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner

Articles

No abstract provided.


Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii Jan 1985

Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii

Scholarly Articles

The central issues raised here are whether the two frozen embryos have a legal right to 1) live and be implanted in a surrogate mother, and, when and if they are born, 2) assert inheritance rights in the Rios' estate. Equally important is the question of the extent to which research into the new reproductive technologies should be allowed or restricted.


Delineation Of The Boundaries Of Putative Fathers' Rights: A Psychological Parenthood Perspective, Marianne M. Demarco Jan 1985

Delineation Of The Boundaries Of Putative Fathers' Rights: A Psychological Parenthood Perspective, Marianne M. Demarco

Seton Hall Law Review

No abstract provided.


Patients, Agents, And Informed Consent, Joram Graf Haber Jan 1985

Patients, Agents, And Informed Consent, Joram Graf Haber

Journal of Law and Health

In Part II of this article, I develop the "patient" / agent distinction from the vantage point of humanistic ethics. This is the view that the knowledge of man is the basis for establishing norms and values. In Part III, I argue that the "patient" / agent distinction correlates the the Kantian notions of heteronomy / autonomy, and disrespect for autonomy / respect for autonomy. In Part IV, I show that the "patient" / agent distinction also correlates with the standards of disclosure the courts have adopted in deciding informed consent cases. Finally, in Part V, I show how the …


Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger Jan 1985

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Jan 1985

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Articles

No abstract provided.


Medical Authority And Infanticide, Patrick A. Malone Jan 1985

Medical Authority And Infanticide, Patrick A. Malone

Journal of Law and Health

This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …


Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr. Jan 1985

Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.

University of Baltimore Law Review

The authors note that Maryland's system for health claims arbitration has failed to reduce the number of malpractice suits, the size of damages awards, or the delay in resolving these claims. After reviewing the current system, its strengths and weaknesses, and various proposals to remedy its problems by amending the current legislation, the authors advance their own suggestions for amending Maryland's health claims arbitration legislation.


Foreword: Reliance On State Constitutions—Beyond The "New Federalism", Ronald K.L. Collins Jan 1985

Foreword: Reliance On State Constitutions—Beyond The "New Federalism", Ronald K.L. Collins

Seattle University Law Review

The reader will find in what follows in this symposium on the Washington Constitution a splendid sampling of where we have been and where we may be going with the "new federalism." The articles evidence a genuine and scholarly regard for the state constitution as a legal document worthy of independent textual, historical, and doctrinal analysis. In certain ways the University of Puget Sound Law Review symposium itself represents something of a turning point in the history of academic commentary on the "new federalism."


Between Two Constitutions: Feminism And Pornography, David P. Bryden Jan 1985

Between Two Constitutions: Feminism And Pornography, David P. Bryden

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

No abstract provided.


Legal Incubation Of Artificial Insemination: A Proposal To Amend The Illinois Parentage Act, 18 J. Marshall L. Rev. 797 (1985), Michael Condon Jan 1985

Legal Incubation Of Artificial Insemination: A Proposal To Amend The Illinois Parentage Act, 18 J. Marshall L. Rev. 797 (1985), Michael Condon

UIC Law Review

No abstract provided.


Life, Liberty, And The Right To Navigate: Justice Mosk And The Public Trust, Jan Stevens Jan 1985

Life, Liberty, And The Right To Navigate: Justice Mosk And The Public Trust, Jan Stevens

UC Law Constitutional Quarterly

No abstract provided.


Postdischarge Failure To Warn: Judicial Response To Veterans' Attempts To Circumvent The Feres Doctrine, Joan H. Pedersen Jan 1985

Postdischarge Failure To Warn: Judicial Response To Veterans' Attempts To Circumvent The Feres Doctrine, Joan H. Pedersen

Villanova Law Review (1956 - )

No abstract provided.


Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson Jan 1985

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.


New Methods Of Conception And Their Legal Status, Harriet F. Pilpel Jan 1985

New Methods Of Conception And Their Legal Status, Harriet F. Pilpel

NYLS Journal of Human Rights

No abstract provided.


Commercial Rationality And The Duty To Adjust Long-Term Contracts, Clayton P. Gillette Jan 1985

Commercial Rationality And The Duty To Adjust Long-Term Contracts, Clayton P. Gillette

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Carrie Buck's Daughter, Stephen Jay Gould Jan 1985

Carrie Buck's Daughter, Stephen Jay Gould

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

No abstract provided.


Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway Jan 1985

Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


Medical Malpractice: A Dilemma In The Search For Justice, Robert J. Flemma M.D. Jan 1985

Medical Malpractice: A Dilemma In The Search For Justice, Robert J. Flemma M.D.

Marquette Law Review

No abstract provided.


The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler Jan 1985

The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler

Fordham Urban Law Journal

The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.


Grandparent Visitation Rights: Social Policies And Legal Rights, Elaine D. Ingulli Jan 1985

Grandparent Visitation Rights: Social Policies And Legal Rights, Elaine D. Ingulli

West Virginia Law Review

No abstract provided.