Digital Commons Network^™

Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

Home Rule For The Twenty-First Century, Richard Briffault

Faculty Scholarship

At this point, four years into the new century, most readers must be tired of the invocation of the "twenty-first century" in law review articles. Yet, "the twenty-first century" in the title of this article is significant. The home rule idea first entered American law in the nineteenth century, an era with different forms of urban political, social, and economic organization, and a different role for local government. As the nature of urban development and the role of local government changes, home rule must change with it.

Home rule is a complex topic. Home rule takes many legal forms and …

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Scholarship

No abstract provided.

The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Claims For Protection Based On Religion Or Belief: Analysis And Proposed Conclusions, Karen Musalo

Faculty Scholarship

No abstract provided.

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Using Mediation Techniques To Manage Conflict And Create Healthy Work Environments, Debra Gerardi

Faculty Scholarship

No abstract provided.

Curing Conflict, Debra Gerardi, Dale C. Hetzler, Virginia L. Morrison, Lorraine Sanchez Hayes

Faculty Scholarship

No abstract provided.

Role Of The Bank For International Settlements In Shaping The World Financial System, The , Carl Felsenfeld, Genci Bilali

Faculty Scholarship

The Bank for International Settlements ("BIS") was set up in Basel, Switzerland in 1923 to handle remaining financial issues from World War II largely having to do with German reparation payments. It was the first of the semi-public international banks. Over the years its functions have changed and, largely since the late 1970's, it has served as the situs for the world's central banks and financial regulators to pool ideas and deal with international financial issues. A group of committees, com- posed largely of representatives of central bankers, now meets at BIS and has been issuing memoranda and drafts of …

Challenge Of Environmental Justice, The, Sheila R. Foster

Faculty Scholarship

The residents of Camden, New Jersey do not live in a bustling city as do residents living across the Delaware River in Philadelphia, Pennsylvania. Instead, Camden's largely minority population lives in an environmentally and economically devastated neighborhood replete with two Superfund sites. Garbage incinerators, sewage treatment plants and polluting factories have been placed in Camden because the poor have historically been less likely to protest than wealthier communities. In 1997, concerned Camden residents formed the South Camden Citizens in Action ( SCCA ) association to confront the continued encroachment by polluting factories and sewage treatment centers threatening their lives and …

Brown At 50: Reconstructing Brown'S Promise, Taunya Lovell Banks

Faculty Scholarship

Today the measure of equal education for black children often is the racial composition of the school population rather than the quality of education received. Increasingly educational achievement for children of all races is tied to socioeconomic status. Since whites as a group are more affluent than non-whites, race and class tend to get conflated leaving uninformed people to conclude that racial integration alone is the measure of equal educational opportunities for black and other non-white children. Legal scholars writing about equal educational opportunities tend to focus either on ways to achieve racial integration or funding equality. Few scholars explore …

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power

Faculty Scholarship

In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.

In Praise Of A Skeletal Apa: Judicial Discretion, Remedies For Agency Inaction And Apa Amendment, William D. Araiza

Faculty Scholarship

No abstract provided.

Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto

Faculty Scholarship

No abstract provided.

Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan

Faculty Scholarship

No abstract provided.

Introduction: The New Economy And The Unraveling Social Safety Net, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Social Insurance Crisis And The Problem Of Collective Saving: A Commentary On Shaviro's Reckless Disregard, David I. Walker

Faculty Scholarship

Long-range Social Security and Medicare spending projections vastly exceed projected program revenues. If left unchecked, the resulting fiscal imbalance (estimated at $40 to $70 trillion in present value terms) would fall primarily on future generations. To avoid generational inequity, and perhaps fiscal meltdown, Professor Daniel N. Shaviro and others propose immediate fiscal austerity. This reply Commentary argues that near-term austerity is unlikely to play a significant role in overcoming the fiscal imbalance, which can be thought of as a balloon payment due mid-twenty-first century. Significant near-term fiscal austerity would eliminate the public debt and replace it with a public surplus. …

Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner

Faculty Scholarship

Much scholarship has considered whether health care - and insurance - should be distributed by voluntary contract or subject to government standards or regulation. Contracts will likely play a key distributive role in any future health care system. Yet we do not fully understand where private contracting does and does not work to further the goals of equitable access to affordable care. This article examines the role of health insurance policies in defining and enforcing access to medical care, focusing on private employment-based group health benefit plans. It describes models of consumer choice health plans and critiques their capacity for …

A Framework For Reparations Claims, Keith N. Hylton

Faculty Scholarship

These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a "doing justice" model, which involves seeking compensation in important cases of uncorrected uncompensated injustice, and a "social welfare" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than social welfare-based claims.

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Faculty Scholarship

This article argues that the corporate practice of medicine doctrine is a physician-centric, guild type doctrine that is misplaced in the present incarnation of the American healthcare system and that does nothing to improve quality, efficiency, or accountability. The paper focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone, as physicians have not been able to operate as a guild of autonomous providers of healthcare for quite some time. Second, it is disingenuous to pretend that physicians are …

Developments In International Commercial Dispute Resolution In 2003, Mark W. Friedman, Jack J. Coe, William W. Park, Dietmar W. Prager, Steven Smith

Faculty Scholarship

The past year was another active one for international commercial disputes, with significant although not revolutionary developments in U.S. arbitration law, and considerable growth in investor-State disputes under investment treaties.

Forcible Medication For Courtroom Competence: The Case Of Charles Sell, George J. Annas

Faculty Scholarship

The right to refuse treatment is firmly recognized in U.S. law. Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.

Extremely Preterm Birth And Parental Authority To Refuse Treatment: The Case Of Sidney Miller, George J. Annas

Faculty Scholarship

Disputes between physicians and patients over medical care have tended toward resolution in both the courts and ethics committees, with each of these bodies ultimately deciding that the informed, competent patient must be the final decision maker. Parents, too, have the authority to make medical decisions for their children, but these decisions can be challenged if physicians do not believe they are medically reasonable. One bioethical issue, however, is as intractable today as it was 30 years ago, when it began to be publicly discussed: the extent of parental authority to refuse life-sustaining medical treatment for an extremely premature infant. …

American Bioethics And Human Rights: The End Of All Our Exploring, George J. Annas

Faculty Scholarship

In his compelling novel Blindness, José Saramago tells us about victims stricken by a contagious form of blindness who were quarantined and came to see themselves as pigs, dogs, and “lame crabs.” Of course, they were all human beings - although unable to perceive themselves, or others, as members of the human community. The disciplines of bioethics, health law, and human rights are likewise all members of the broad human rights community, although at times none of them may be able to see the homologies, even when responding to a specific health challenge.

The boundaries between bioethics, health law, and …

Politics, Morals And Embryos, George J. Annas, Sherman Elias

Faculty Scholarship

Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …

An Offer Of Firm Resettlement, Robert D. Sloane

Faculty Scholarship

The Attorney General lacks discretion to grant asylum to any refugee "if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement." This rule, the doctrine of firm resettlement, is unique among the mandatory bars to asylum in the United States. It does not reflect a societal judgment about the moral fitness of an asylum applicant's character-as, for example, does the bar that prohibits granting asylum to persons with a history of violent criminal behavior. …

The Coalition For Consumer Bankruptcy Debtor Education: A Report On Its Pilot Program, Susan Block-Lieb, Corinne Baron-Donovan, Karen Gross, Richard Wiener

Faculty Scholarship

No abstract provided.

Doing Good, Doing Well Symposium, Howard M. Erichson

Faculty Scholarship

Rather than focusing on the differences between tort lawyers and activists as they ally with each other, this Article focuses on the motivations and explanations of the tort lawyers themselves. Positioned at the intersection of big-money practice and social change litigation, mass torts provide a useful study in multiple motivations. While financial incentives for plaintiffs' lawyers explain much of what happens in mass torts, policy objectives come into play as well, at least in the lawyers' rhetoric. Despite the obvious difficulty distinguishing reasons from rhetoric and rationalization, it is worth exploring the significance of mixed motives for lawyers who are …

The Barry Bonds Baseball Case - An Empirical Approach - Is Fleeting Possession Five Tenths Of The Ball?, Peter Adomeit

Faculty Scholarship

Mr. Barry Bonds hit his record seventy-third home run on October 7, 2001. Mr. Alex Popov was smart enough to be in the standing room only area at San Francisco's Pacific Bell Park behind the right field bleachers known as the Arcade, where Mr. Bonds had hit many of his home runs. Mr. Popov was lucky enough to be located almost precisely where the ball was hit, needing only to take one step back. He also had brought a softball glove to the park, as well as a small earbud radio on which he could listen to the play-by-play of …