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Articles 871 - 900 of 925
Full-Text Articles in Entire DC Network
Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein
Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein
Articles
No abstract provided.
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Articles
No abstract provided.
The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard
The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard
Articles
It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of securities fraud class actions …
On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar
Articles
I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.
Freeing The Tortious Soul Of Express Warranty Law, James J. White
Freeing The Tortious Soul Of Express Warranty Law, James J. White
Articles
I suspect that most American lawyers and law students regard express warranty as neither more nor less than a term in a contract, a term that is subject to conventional contract rules on formation, interpretation, and remedy. Assume, for example, that a buyer sends a purchase order to a seller and the purchase order specifies the delivery of 300 tons of "prime Thomas cold rolled steel." The acknowledgment also describes the goods to be sold as "prime Thomas cold rolled steel." Every American lawyer would agree that there is a contract to deliver such steel and furthermore would conclude that …
Criminal Procedure -- Venue -- Third Circuit Finds Venue For Firearms Charge Improper In District Where Only Predicate Offense Occurred -- United States V. Palma-Ruedas, Peter Nicolas
Articles
No abstract provided.
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein
The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein
Articles
No abstract provided.
Protecting And Promoting Wildlife And Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks
Protecting And Promoting Wildlife And Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks
Articles
The object of this paper is to describe efforts now under way in the interior uplands of Washington State's Columbia Plain to restore and protect upland wildlife habitat and wildlife species in a busy and intensively used agricultural and range landscape. It is a landscape of greatly diminished ecological integrity, dominated by private land holdings, and where the remaining public lands are recovering from earlier periods of farming or grazing or still dedicated to productive use under lease or permit. Recent ecosystem assessments make clear that there are few areas of the Columbia Plain's original grass and shrub land which …
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Articles
No abstract provided.
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein
Articles
No abstract provided.
Right To Die, The, Cass R. Sunstein
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Articles
It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar
Articles
It would be hard to deny that there is a great deal of support in this country-and ever-growing support-for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Articles
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Articles
No abstract provided.
Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave
Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave
Articles
No abstract provided.
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
Reproductive Hazards After Johnson Controls, Mary E. Becker
Reproductive Hazards After Johnson Controls, Mary E. Becker
Articles
No abstract provided.
Homosexuality And The Constitution, Cass R. Sunstein
Military Veterans And Va Medical Treatment: Must A Veteran Prove Fault Before Receiving Compensation For Medical Injuries (93-1128) Administrative Law, William L. Andreen
Military Veterans And Va Medical Treatment: Must A Veteran Prove Fault Before Receiving Compensation For Medical Injuries (93-1128) Administrative Law, William L. Andreen
Articles
No abstract provided.
Impoverished Practices, Anthony V. Alfieri
Well-Being And The State, Cass R. Sunstein
Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar
Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar
Articles
On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Why Is Health Care Special?, Richard A. Epstein
Informing America: Risk, Disclosure, And The First Amendment, Cass R. Sunstein
Informing America: Risk, Disclosure, And The First Amendment, Cass R. Sunstein
Articles
No abstract provided.