Digital Commons Network^™

Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

No abstract provided.

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

The Case For Limiting Judicial Review Of Labor Board Certification Decisions, Michael C. Harper

Faculty Scholarship

Part I of this Article explains in more technical detail the effects of the present system of judicial review of Board certification decisions and how that system developed. Part II argues that this review should be sharply curtailed, suggesting that unless a court is able to rule that the Board has rendered a certification decision for an improper motive, it should reconsider that decision only to the extent it involves a constitutional issue, a narrow jurisdictional issue, or one of a few bounded technical issues. Such a curtailment of review should be embraced by all who remain sympathetic to the …

The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram

Faculty Scholarship

On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].¹ If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments

Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas

Faculty Scholarship

Jay Katz introduces his remarkable and insightful book, The Silent World of Doctor and Patient, by recounting a portion of Solzhenitsyn's Cancer Ward. He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient …

Quantity And Price Adjustment In Long-Term Contracts: A Case Study Of Petroleum Coke, Victor P. Goldberg, John R. Erickson

Faculty Scholarship

Much economic activity takes place within a framework of complex, long-term contracts. While economists have shown increased interest in these contracts, surprisingly little is known about them, or, indeed, about how to analyze the contracting activity of private economic actors. A case study of the actual contracts used in one industry could provide sorely needed data about the way in which reasonably clever businessmen and lawyers cope with problems scholars might consider intractable. In this article, we provide such an analysis of contracts concerning a particular product – petroleum coke. We focus on the problems of quantity and price adjustment. …

The Future Of Corporate Federalism: State Competition And The New Trend Toward De Facto Federal Minimum Standards, John C. Coffee Jr.

Faculty Scholarship

What sensible compromise can be struck between Bill Cary's and Ralph Winter's views of the competition among states for corporate charters? This is the relevant question to ask in response to Professor Romano's stimulating paper, because if one ends in an intermediate position between Cary and Winter (as she does and as I do), then one needs to focus on the protections shareholders should be accorded both to protect them from exploitation at the hands of a state pursuing tax revenues and from excessive regulation by a state whose regulatory efforts are intended in fact to realize ulterior objectives unrelated …

Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill

Faculty Scholarship

Modern interpretation of the Contract Clause of article 1, section 10 has created a dual standard of judicial review that bottoms upon the classification of a particular contract as public or private. However, which particular category has received greater deference has changed depending upon the precedential climate. Within his Article, Professor Merrill outlines three modern justifications for affording greater protection to public obligations “Kantian theory,” “process theory,” and “utilitarian theory.” He argues, however, that none of these theories adequately justify the dual standard of review, and concludes that a unitary analysis of the contract clause that affords no presumptions in …

Church-State Relations And Religious Convictions, Kent Greenawalt

Faculty Scholarship

Since the title of my talk is hardly self-explanatory, I want to begin by outlining my topic. My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of churchstate issues.

Rent Seeking And The Compensation Principle, Thomas W. Merrill

Faculty Scholarship

The reaction to Richard Epstein's Takings has been almost universally negative. Joseph Sax finds Epstein the "prisoner of an intellectual style so confining and of a philosophy so rigid that he has disabled himself from seeing problems as beyond the grasp of mere formalism." Thomas Grey concludes that "Takings belongs with the output of the constitutional lunatic fringe" and is "a travesty of constitutional scholarship." Thomas Ross, writing in this Law Review, says that, at least from an academic perspective, Takings is "a patent and howling failure." Epstein has provoked even the student editors of the Harvard Law Review …

Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb

Faculty Scholarship

Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …

The Constitutional Right To Jury Trial: A Historical Exception For Small Monetary Claims, Margreth Barrett

Faculty Scholarship

No abstract provided.

Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans

Faculty Scholarship

No abstract provided.

Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince

Faculty Scholarship

No abstract provided.

Search For The S Meson In Antiproton-Proton Interactions, William J. Fickinger, R. Marino, D. K. Robinson

Faculty Scholarship

The interaction between antiprotons and protons has been studied in the range 1910 to 1990 MeV center-of-mass energy in a drift-chamber experiment at the Brookhaven Alternating Gradient Synchrotron. The total cross section has been determined at eleven different incident momenta, and the elastic cross section between 8 and 30 deg in the laboratory has been measured with an energy resolution of about 5 MeV. The cross section for annihilation into charged mesons has also been measured, with the same resolution. There is no evidence in any of these channels for the existence of a narrow resonance.

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Faculty Scholarship

No abstract provided.

Equilibrium Polymerization Of Chains And Rings: A Bicritical Phenomenon, Rolfe G. Petschek

Faculty Scholarship

The equilibrium polymerization of chains and rings together is a (n=1) critical phenomenon with aspects of bicriticality, governed by exponents not found in any symmetric O(n) model. The bicritical nature of the critical point is the result of a competition between a transition to form long-chain polymers and a transition to form an infinite-rings condensate. As a result the fraction of monomers incorporated in chains and in rings varies with temperature according to a different power law than that for the total fraction of polymerized material and is governed by an exponent that depends on the crossover exponent φfor …

The Ethics Of Embryo Research: Not As Easy At It Sounds, George J. Annas

Faculty Scholarship

Mark Twain once said of Wagner's music, "It's not as bad as it sounds." Likewise, it may be said of Peter Singer and Helga Kuhse's stroll through the issues involving embryo research: "It's not as easy as it sounds."

Today it seems clear that Aldous Huxley's version of a Brave New World is much closer to the mark than George Orwell's 1984. We will not have to be dragged into a technologically dominated future by a totalitarian government; we will go willingly, cheering almost any change as "better" and accepting science as always "improving" on nature. This childlike faith …

Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas

Faculty Scholarship

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …

Universality Classes For The Isotropic-To-Nematic Transition In Systems Of Interacting, Semiflexible Polymers, Rolfe G. Petschek

Faculty Scholarship

This paper discusses the behavior of simple models of interacting, semiflexible, nonchiral polymers. The Ursell-Mayer expansion is used to systemize calculation of the properties of such systems and avoid problems encountered with the strong, bonding interactions in a direct analysis of this problem. The formation of a nematic phase is discussed within a field theory which is equivalent, order by order in perturbation theory, to the Ursell-Mayer expansion. Symmetry analysis allows two universality classes; one has the usual, tensor order parameter, the other has a vectorlike order parameter. The vectorlike order parameter has no direct physical interpretation (distinguishing the transition …

The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller

Faculty Scholarship

The United States and Great Britain have often been called two countries divided by a common language. In the field of medicine, common language facilitates comparisons, but it can obscure basic value differences as well. Henry Aaron, Ph.D., and William Schwartz, M.D., in their influential book The Painful Prescription: Rationing Hospital Care,1 analyzed how and why Britain (as compared with the United States) has apparently limited the use of such high-technology procedures as kidney dialysis, CT scans, coronary-artery surgery, x-ray films, and intensive care beds. The authors then speculated about whether similar responses will be forthcoming in this …

Chemical Industry Accidents, Liability, And Community Right To Know, Michael S. Baram

Faculty Scholarship

The Bhopal, India tragedy and other industrial accidents (e.g., Seveso, Flixborough, Mexico City, Institute, WV) have frightened the citizens of developed and undeveloped countries. These accidents, along with numerous hazardous waste problems, have led to a dramatic loss of public confidence in chemical industry management and their safety experts. The occurrence of such accidents also provides vivid evidence of the serious gap between government legislative promises and government performance in the actual control of industrial hazards.'

As a result, persons who believe they have been injured or put at risk by industry are now using tort law to secure private …

Evidence For A New State Produced In Antiproton Annihilations At Rest In Liquid Deuterium, R. Debbe, William J. Fickinger, R. Marino, D. K. Robinson

Faculty Scholarship

Inclusive charged-pion spectra from p¯d annihilations at rest have been measured in a high-statistics experiment in search of broad states. Analysis of these spectra reveals an enhancement of the π- spectrum at 315 MeV/c. This may be interpreted as a production of a new state of mass 1485 MeV/c2 and width at most 200 MeV/c2 recoiling against the π-. This quasi two-body final state accounts for a large fraction of the p¯n annihilations.

Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young

Faculty Scholarship

No abstract provided.

"Tastes Great, Less Filling": The Law School Clinic And Political Critique, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

Faculty Scholarship

No abstract provided.

Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach

Faculty Scholarship

No abstract provided.

The Enduring Contributions Of Professor Nimmer, J. H. Reichman

Faculty Scholarship

No abstract provided.

The Trial Of John Peter Zenger, Michael E. Tigar

Faculty Scholarship

No abstract provided.