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Volume 46, Issue 9 (1974)

Obiter Dicta

No abstract provided.

The Patient Rights Advocate: Redefining The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey, Jr.

Vanderbilt Law Review

To change the traditional doctor-patient relationship in the health facility context, one must begin with a complete statement defining the rights, both those legally recognized and those granted as a matter of hospital policy, that should be afforded to all patients. This document should then be made available to all patients and hospital staff and to members of the community in general. Its first purpose is educational. To perform its second purpose-the assurance that rights are afforded--a patient rights advocate system should be adopted in the hospital. The advocate must have the power to exercise, on behalf and at the …

Public Participation In Nuclear Power Plant Licensing: The Great Delusion, Harold P. Green

William & Mary Law Review

No abstract provided.

The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq

Vanderbilt Law Review

Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …

The Opinion Volume 14 Number 7 – February 14, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 14, 1974

The Illegitimate Children And Parental Rights Act, Andrew C. Gauen

Washington Law Review

The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.

Implementing Washington's Era: Problems With Wholesale Legislative Revision, Linda H. Dybwad

Washington Law Review

This article will attempt to illustrate the legislative choices available in implementing the equal rights amendment by evaluating the many revisions contained in Chapter 154 in terms of equal rights principles and the policies underlying the criminal, family and employment provisions it amends.

The Foster Parents Dilemma "Who Can I Turn To When Somebody Needs Me?", David C. Mccarty

San Diego Law Review

One cannot help but feel compassion for foster parents who merely try to do what they feel is best for a child they love. The rights in this regard and chances of success in asserting these rights in court will be explored in this Article.

Issues Before The Third United Nations Conference On The Law Of The Sea, H. Gary Knight

Louisiana Law Review

No abstract provided.

Volume 46, Issue 5 (1974)

Obiter Dicta

No abstract provided.

Female Offenders: A Challenge To Courts And The Legislature, Sheryl A. Ramstad

North Dakota Law Review

No abstract provided.

The Admissibility Of Lie Detector Evidence, Ronald H. Mclean

North Dakota Law Review

No abstract provided.

Agricultural Lands, Fertile Soils, Popular Sovereignty, The Trust Doctrine, Environmental Impact Assessment And The Natural Law, Victor John Yannacone Jr.

North Dakota Law Review

No abstract provided.

Environmental Protection, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Book Reviews, Patrick Charles Mcginley, Joshua A. Perper, Arthur T. Kornblut, Joseph F. Hmel Jr.

Duquesne Law Review

THE IMPEACHMENT AND TRIAL OF ANDREW JOHNSON. By Michael Les Benedict. New York: W.W. Norton and Company, 1973. Pp. x, 212. $6.95.

1973 LEGAL MEDICINE ANNUAL. Edited by Cyril H. Wecht. New York: Appleton-Century Crofts, 1973. Pp. xv, 522. $19.25.

CASE HISTORIES IN CONSTRUCTION LAW-A GUIDE FOR ARCHITECTS, ENGINEERS, CONTRACTORS, BUILDERS. By William Jabine. Boston: Cahners Books, 1973. Pp. vi, 233. $12.50.

COURTS ON TRIAL-MYTH AND REALITY IN AMERICAN JUSTICE. By Jerome Frank. Princeton: Princeton University Press, 1973. Pp. xii, 441. $15.00 cloth. ($3.45 paperback).

Book Reviews, W. Jeremy Davis

North Dakota Law Review

No abstract provided.

Predator Control And The Federal Government, Wick Corwin

North Dakota Law Review

No abstract provided.

Family Law—A Man Who Consents To The Heterologous Artificial Insemination Of His Wife Is The Childs Father Whose Permission Is Required For The Adoption Of The Child By Another., Barbara J. Davies

Buffalo Law Review

In re Adoption of Anonymous, 74 Misc. 2d 99, 345 N.Y.S.2d 430 (Sur. Ct. 1973).

Maine And Morgan: A Preliminary Inquiry Into The Scholarly Relationship Of Two Victorian Lawyers, Rennard Strickland

Tulsa Law Review

No abstract provided.

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …

Reflections On Experimental Techniques In The Law, Hans Zeisel

Articles

No abstract provided.

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

Roe V. Wade: What Rights The Biological Father?, Elizabeth Hughes Georgius

UC Law Constitutional Quarterly

No abstract provided.

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

V. Drug Testing Procedures In Crime Laboratories, Carl R. Phillips

Valparaiso University Law Review

No abstract provided.

Air Transportation Of Radioactive Materials, Douglas Keith Eyberg

Journal of Air Law and Commerce

No abstract provided.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch

Indiana Law Journal

No abstract provided.

The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser

Fordham Urban Law Journal

There has been a significant growth of legislation designed to improve the quality of life in American by regulating the way industrial facilities interact with their environments. The new laws created by this legislation has given the federal government significant responsibilities in many areas formerly regulated by the individual states. This change in regulation is apt to impose stress on the modern industrialized society of America as a result of the impossibility to predict the overall effects of particular actions on the total system. Examining the nature of the actions and the probable direct interactions with the system, one may …

Teacher Collective Bargaining

Fordham Urban Law Journal

This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …