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Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz Jan 1980

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …


Nondegradation And Visibility Under The Clean Air Act, David P. Currie Jan 1980

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes Jan 1980

The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes

Articles

No abstract provided.


Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie Jan 1980

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


David's Copperfield And Fifra's Labelling Misadventures Jan 1980

David's Copperfield And Fifra's Labelling Misadventures

Nova Law Review

Compounding the American farmer's struggle for existence is a myriad of federal pesticide regulations.


Great Expectations Or Convoluted Realities: Artificial Insemination In Flux, George P. Smith Ii Jan 1980

Great Expectations Or Convoluted Realities: Artificial Insemination In Flux, George P. Smith Ii

Scholarly Articles

No abstract provided.


Germ Warfare In The Patent Courts, John W. Behringer Jan 1980

Germ Warfare In The Patent Courts, John W. Behringer

UC Law Journal

Industrial use of microorganisms has grown over the past few decades. In turn, inventors and discoverers of microorganisms have sought patents for their discoveries. Although the United States Patent and Trademark Office views microorganisms as unpatentable living matter, its position was successfully challenged in two cases recently decided by the Court of Customs and Patent Appeals. The first case involves a new bacterial species isolated from soil samples; the second concerns a bacterium created by DNA recombinant technology. This Article discusses and analyzes the issues presented by the two cases, which will be examined by the United States Supreme Court …


Mexico's 1976 Law Of Inventions And Trademarks, Alan L. Hyde, Gaston Ramirez De La Corte Jan 1980

Mexico's 1976 Law Of Inventions And Trademarks, Alan L. Hyde, Gaston Ramirez De La Corte

Case Western Reserve Journal of International Law

No abstract provided.


Comparative Law As Basic Research, Jerome Hall Jan 1980

Comparative Law As Basic Research, Jerome Hall

UC Law SF International Law Review

This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.


Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1980

Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the thirtieth Thomas M. Cooley lectures, held October 21-23, 1980, at the University of Michigan Law School. The lecture series was "The Changing Legal World of Adolescence" by Franklin E. Zimring.


Patents: Patentable Subject Matter: Living Man-Made Organisms Held To Be Patentable Subject Matter Under 35 U.S.C. Sec. 101 (Diamond V. Chakrabarty)., Michael T. Day Jan 1980

Patents: Patentable Subject Matter: Living Man-Made Organisms Held To Be Patentable Subject Matter Under 35 U.S.C. Sec. 101 (Diamond V. Chakrabarty)., Michael T. Day

Marquette Law Review

No abstract provided.


Legislation: The Maryland Equal Rights Amendment: Eight Years Of Application, Peter S. Saucier Jan 1980

Legislation: The Maryland Equal Rights Amendment: Eight Years Of Application, Peter S. Saucier

University of Baltimore Law Review

"As the species homo sapiens slowly evolved from the baser life forms, both a congregating into a family group and a division of labor therein became saliently characteristic. Man was the hunter and the warrior; Woman, the keeper of the hearth and rocker of the cradle. Even latter-day refinements were little more than variations upon this primordial theme. An increasingly organized society fashioned customs and then conventions and then laws to enforce the obligations implicit in this division. In the post-World War II enlightenment, however, such notions appear as remote as the Pleistocene. Organized society may still make distinctions based …


Stages Of Divorce: A Psychological Perspective, Florence W. Kaslow Jan 1980

Stages Of Divorce: A Psychological Perspective, Florence W. Kaslow

Villanova Law Review (1956 - )

No abstract provided.


Introduction: History And Development Of The Court In National Society--The Canadian Supreme Court, Peter H. Russell Jan 1980

Introduction: History And Development Of The Court In National Society--The Canadian Supreme Court, Peter H. Russell

Canada-United States Law Journal

No abstract provided.


Rewriting Roe V. Wade, Donald H. Regan Jan 1980

Rewriting Roe V. Wade, Donald H. Regan

Book Chapters

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.


Ecology, Growth And Law, John W. Ragsdale Jr Jan 1980

Ecology, Growth And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Scientific Evidence - Part Ii, Paul C. Giannelli Jan 1980

Scientific Evidence - Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Continuing Debate Over Tuition Tax Credits, Howard O. Hunter Jan 1980

The Continuing Debate Over Tuition Tax Credits, Howard O. Hunter

UC Law Constitutional Quarterly

No abstract provided.


An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst Jan 1980

An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst

Villanova Law Review (1956 - )

No abstract provided.


Reason Of State And The Emergent Constitution Of Control, Arthur S. Miller Jan 1980

Reason Of State And The Emergent Constitution Of Control, Arthur S. Miller

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

No abstract provided.


Abortion Laws, Religious Beliefs And The First Amendment, Steven L. Skahn Jan 1980

Abortion Laws, Religious Beliefs And The First Amendment, Steven L. Skahn

Valparaiso University Law Review

No abstract provided.


The Politics Of Legal Reasoning: Conceptual Contests And Racial Segregation, Lawrence E. Rothstein Jan 1980

The Politics Of Legal Reasoning: Conceptual Contests And Racial Segregation, Lawrence E. Rothstein

Valparaiso University Law Review

No abstract provided.


Avoidable Pitfalls In Pursuit Of Equal Protection, Barbara Bond Jan 1980

Avoidable Pitfalls In Pursuit Of Equal Protection, Barbara Bond

MC Law Review

No abstract provided.


Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii Jan 1980

Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii

Indiana Law Journal

No abstract provided.


Equal Protection And The Putative Father: An Analysis Of Parham V. Hughes And Caban V. Mohammed, Sharon Nelson Freytag Jan 1980

Equal Protection And The Putative Father: An Analysis Of Parham V. Hughes And Caban V. Mohammed, Sharon Nelson Freytag

SMU Law Review

No abstract provided.


Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford Jan 1980

Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford

Faculty Publications By Year

No abstract provided.


Comparative Law As Basic Research, Jerome Hall Jan 1980

Comparative Law As Basic Research, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai Jan 1980

A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai

Cleveland State Law Review

This article will present a model for improving oral legal communication. The discussion will demonstrate how human beings create sensory-based models of the parts of the world they experience' and how these models affect the communication process. The three principal sensory-based channels of communication will be described, and the article will explain how both knowledge and use of these channels can improve the rapport and informational functions of communication. Emphasis will be placed on the lawyer's ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to insure that …


Agencies In Conflict: Overlapping Agencies And The Legitimacy Of The Administrative Process, Louis J. Sirico Jr. Jan 1980

Agencies In Conflict: Overlapping Agencies And The Legitimacy Of The Administrative Process, Louis J. Sirico Jr.

Vanderbilt Law Review

This Article demonstrates how multi-agency decision making can enhance the legitimacy of the administrative system. After discussing the meaning of legitimacy in a highly stable society, it analyzes multi-agency decision making process from the perspective of the political scientist. I particularly emphasize "partisan mutual adjustment" analysis, which views the system as adjusting continually to the conduct of interacting participants. This theory comports not only with the pluralistic, pressure politics model of American government, but also with the methodology of classical economics, which celebrates the product of competing, conflicting interests.The Article concludes by demonstrating that the multi-agency process can increase legitimacy …


On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger Jan 1980

On Reconciling Finances And Democracy In New York City, Jerome R. Bidinger

Fordham Urban Law Journal

This article is a book review of "The Streets Were Paved With Gold" authored by Ken Auletta. The book covers New York City's financial difficulties in the 70's and warns that the crisis still exists. While the review is generally positive, it does note the book's failure to analyze some of the deeper reasons behind the financial crisis. The article also calls for further decentralization of the political process and the establishment of new forms of citizen participation in decision making which would lead to a more viable economy.