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Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

134th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

134th University of Notre Dame Commencement and Mass Program

Summer

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan

Michigan Law Review

The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …

Can Louisiana's Succession Laws Survive In Light Of The Supreme Court's Recent Recognition Of Illegitimates' Rights?, Susan Swanner Lasiter

Louisiana Law Review

No abstract provided.

Constitutional Law -- Rennie V. Klein: Constitutional Right Of Privacy Protects A Mental Patient's Refusal Of Psychotropic Medication, Burton Craige

North Carolina Law Review

No abstract provided.

The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King

Michigan Law Review

What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …

Rewriting Roe V. Wade, Donald H. Regan

Articles

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

State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith

Florida State University Law Review

Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.

Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.

Florida State University Law Review

No abstract provided.

Liability Without Fault Under The Federal Water Pollution Control Act, Beatriz Valadez-Ferreira

Natural Resources Journal

No abstract provided.

Oil Tanker Regulation: A State Or Federal Area, Robert Muehlenweg

Natural Resources Journal

No abstract provided.

The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow

West Virginia Law Review

No abstract provided.

The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage

West Virginia Law Review

No abstract provided.

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.

The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley

West Virginia Law Review

No abstract provided.

Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht

Washington Law Review

Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …

134th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

134th University of Notre Dame Commencement and Mass Program

Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith

Vanderbilt Law Review

Professor Paul Ramsey,' writing as a Christian ethicist, has revised, extended, and updated the Bampton Lectures in America that he delivered in 1975 at Columbia University. The resulting book is Ethics at the Edges of Life: Medical and Legal Intersections. A substantial portion of the book is devoted to critical analysis of a number of landmark court decisions, all of which were rendered after his delivery of the Bampton lectures--Planned Parenthood v. Danforth, on abortion; Commonwealth v. Edelin, on the treatment of a fetus during or immediately after an abortion; In re Quinlan, on the termination of life support; and …

Professor Richards' Unwritten Constitution Of Human Rights: Some Preliminary Observations, Richard B. Saphire

University of Dayton Law Review

The relationship of moral philosophy to the understanding and development of constitutional law has, until recently, been a relatively neglected issue. Although less evident in contemporary cases in the United States Supreme Court, scholarly attention to the congruence of moral inquiry with the articulation of constitutional values has become more frequent and intense in recent years. Clearly, the moral analysis of constitutional values is often demanding for the lawyer and judge. But even though the use of moral reasoning and adaptation of the values it describes and reveals to constitutional cases is not uncontroversial, it is an inevitable aspect of …

S.B. 340: Disclosure Of Social And Medical History Of The Biological Parents Of An Adopted Child, Timothy N. O'Connell

University of Dayton Law Review

Under Ohio law, the probate court is required to appoint an agency or person to investigate the background of both the minor and the adoptive parent before a child can be adopted. The purpose of this investigation is to ascertain whether the proposed adoption is in the best interest of the minor. The investigation report is required to contain four types of information about the child: (1) the physical, mental, and developmental condition of the child; (2) the family background; (3) the reasons for the placement; and (4) the interested parties' attitudes toward the proposed adoption. The law specifies that …

Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount

Dalhousie Law Journal

Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …

Public Law: Louisiana Constitutional Law, Lee Hargrave

Louisiana Law Review

No abstract provided.

Analyses Of Selected 1978 Ohio Legislation, University Of Dayton

University of Dayton Law Review

Explanation of project and introduction of legislation subject to analysis:

• H.B. 491: Ohio's New Transactional Immunity Statute
• H.B. 467: Tax Incentives for the Construction of Energy Conversion and Conservation Facilities
• H.B. 635: "Use on Use" Sales Tax Exemption Reenacted
• H.B. 404: An Amendment to Ohio's Condominium Act
• H.B. 681: An Amendment to Ohio's Consumer Sales Practices Act
• S.B. 340: Disclosure of Social And Medical History of the Biological Parents of an Adopted Child
• H.B. 456: Property Owner's Civil Action for Minor's Theft

Vol. 2, No. 4 (April 12, 1979)

Exordium

No abstract provided.

Amicus (Vol. 3, No. 1; Spring 1979), University Of Colorado Law School

Amicus

• Notes from the Dean

Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz

Buffalo Law Review

No abstract provided.

The Structure Of Blackstone's Commentaries, Duncan Kennedy

Buffalo Law Review

No abstract provided.

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit , Patrick Baude, Julia C. Lamber

Chicago-Kent Law Review

No abstract provided.