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Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein Jul 2002

Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein

Faculty Scholarship

No abstract provided.


Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray Jul 2002

Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray

Faculty Scholarship

The growth in the number of concentrated animal feeding operations ("CAFOs"), particularly those involved in swine production, has brought with it increased community concern and outright conflict in many communities across the United States.' Most commentators have focused upon anticipated outcomes to explain the contentiousness of CAFO-related disputes.2 Meanwhile, even though the social dynamics that contribute to the development and escalation of conflicts over CAFOs parallel those exhibited in other kinds of community conflicts, little research has systematically examined the social dynamics associated with CAFO conflicts. One exception to this deficiency is recent work conducted by a team of researchers …


Beyond Observable Prejudice-Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose Jul 2002

Beyond Observable Prejudice-Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose

Faculty Scholarship

As a female professor working within the academic ranks of a law school, I did not have to read Ian Ayres' work, Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination, to know that the odds remain quite high that blacks and women will be subjected to greater instances of discrimination in the marketplace, in medical facilities, and in judicial proceedings than their white male counterparts. Although I would not suggest that such conclusion is axiomatic, it certainly is observable on an experiential level by those falling within the two categories (race and gender) discussed in Professor Ayres' book. …


Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson Jul 2002

Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg Jul 2002

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg

Faculty Scholarship

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …


The Gramm-Leach-Bliley Act, Information Privacy, And The Limits Of Default Rules, Edward J. Janger, Paul M. Schwartz Jun 2002

The Gramm-Leach-Bliley Act, Information Privacy, And The Limits Of Default Rules, Edward J. Janger, Paul M. Schwartz

Faculty Scholarship

No abstract provided.


Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg Jun 2002

Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic …


Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim Apr 2002

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim

Faculty Scholarship

This Interim Planning and Recommendation Report describes the significance and potential benefits of the Wakpa Sica Historical Society’s Reconciliation Place Project in its endeavor to facilitate the establishment of a Great Sioux Nation Supreme Court. The report emphasizes that the vision of establishing such a Court has existed among the Sioux tribes of South Dakota, North Dakota, and Nebraska for generations and that the project’s legitimacy and ultimate success depend on its ability to continue fostering the tribes’ endorsement of and participation in the Court’s development and implementation.


Self-Definition In The Constitution Of Faith And Family, David D. Meyer Apr 2002

Self-Definition In The Constitution Of Faith And Family, David D. Meyer

Faculty Scholarship

No abstract provided.


Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage Apr 2002

Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage

Faculty Scholarship

Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care …


Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna Apr 2002

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna

Faculty Scholarship

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …


The Lawyer As Citizen, James E. Fleming Apr 2002

The Lawyer As Citizen, James E. Fleming

Faculty Scholarship

The moral schizophrenia of the lawyer-person wrought by the American adversarial system's differentiation of professional morality from personal morality is at once alienating and anesthetizing. Alienating in that it separates a person from her/his actions taken in performing a professional role by attributing responsibility for these actions and their consequences to the role itself rather than to the individual. Anesthetizing in that it permits if not requires a professional to constrict the moral universe inhabited on the job, extruding moral sentiments that she/he otherwise might feel, numbing the moral sense of ordinary personal responsibility.


When Should We Prefer Tort Law To Environmental Regulation?, Keith N. Hylton Apr 2002

When Should We Prefer Tort Law To Environmental Regulation?, Keith N. Hylton

Faculty Scholarship

There are two broad models of regulation: statutory schemes carried out by administrative agencies with the help of public enforcement agents, and highly discretionary common law rules developed over time through litigation. Environmental regulation is dominated by the first model, with relatively little of it done through litigation of tort claims. The reason may be largely historical: tort law has always been viewed as local in design and impact, while environmental law has always had a global aim. But it need not be this way. More than anything, tort law has been flexible, and thus capable of responding to new …


The Law Of Cross-Border Securitization: Lex Juris, Tamar Frankel Apr 2002

The Law Of Cross-Border Securitization: Lex Juris, Tamar Frankel

Faculty Scholarship

This article discusses the process by which the law of crossborder securitization evolves and becomes uniform. In a former article entitled Cross-Border Securitization: Without Law, but Not Lawless, I posited that "the laws governing cross-border securitization are developed first by decentralized lawmaking 'markets," and then absorbed by centralized lawmaking of communities, large intermediaries, and corporations."1 I suggested that a cyclical process is involved. New forms of cross-border securitization and new legal issues emerge while old forms and settled issues solidify into rules. This article continues the inquiry. The first part of the article also defines the meaning of a …


Community Conflicts Over Intensive Livestock Operations: How And Why Do Such Conflicts Escalate?, Charles W. Abdalla, John C. Becker, Ralph Hanke, Celia Cook-Huffman, Barbara Gray, Nancy A. Welsh Mar 2002

Community Conflicts Over Intensive Livestock Operations: How And Why Do Such Conflicts Escalate?, Charles W. Abdalla, John C. Becker, Ralph Hanke, Celia Cook-Huffman, Barbara Gray, Nancy A. Welsh

Faculty Scholarship

Why do community groups and individuals oppose establishment of intensive scale livestock operations in communities? Why have established forms of economic activity become the pariah of rural communities across the nation? In December 1997, the Pennsylvania Senate passed Resolution 91. This article addresses the results of a research project funded by the state Department of Agriculture in response to Senate Resolution 91, directing the Secretary of Agriculture to develop a model of community dispute resolution to address community conflicts involving intensive livestock operations ("ILOs"). Specifically this article addresses project findings detailing why conflicts over ILOs arise and how they escalate.


Making Economic Sense Out Of Unisex Life Insurance (Or The Difference Between Cost And Value And Why It Matters To Real People), Richard A. Booth Marbury Research Professor Of Law Jan 2002

Making Economic Sense Out Of Unisex Life Insurance (Or The Difference Between Cost And Value And Why It Matters To Real People), Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

In this piece, I take issue with one of the fundamental tenets of law and economics as it has been used to justify gender discrimination in the pricing of life insurance and annuities, namely, that individuals should bear their own identifiable costs so as to avoid misallocation of society's resources. Most scholars of the law and economics persuasion have argued that unisex pricing of life insurance products is a bad idea because on the average women live longer than men. They argue that it costs more to insure the life of a man because the payoff comes sooner and the …


Enhancing Education Through Research In The Environmental Science Laboratory: Integrating Gis And Project-Based Learning At Colby College, Philip J. Nyhus, F Russell Cole, David H. Firmage, P S. Lehmann Jan 2002

Enhancing Education Through Research In The Environmental Science Laboratory: Integrating Gis And Project-Based Learning At Colby College, Philip J. Nyhus, F Russell Cole, David H. Firmage, P S. Lehmann

Faculty Scholarship

No abstract provided.


The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young Jan 2002

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Faculty Scholarship

No abstract provided.


Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli Jan 2002

Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr Jan 2002

Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr

Faculty Scholarship

No abstract provided.


Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton Jan 2002

Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton

Faculty Scholarship

No abstract provided.


Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien Jan 2002

Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Faculty Scholarship

No abstract provided.


Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen Jan 2002

Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen

Faculty Scholarship

No abstract provided.


'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor Jan 2002

'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Toward Better Bubbles And Future Lives: A Progressive Response To The Conservative Agenda For Reforming Environmental Law, Rena I. Steinzor Jan 2002

Toward Better Bubbles And Future Lives: A Progressive Response To The Conservative Agenda For Reforming Environmental Law, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Bad Science, Linda Greer, Rena I. Steinzor Jan 2002

Bad Science, Linda Greer, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry Jan 2002

Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry

Faculty Scholarship

No abstract provided.


Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax Jan 2002

Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax

Faculty Scholarship

This article explores corporate fiduciary duties in the context of for-profit companies that operate in traditionally non-profit spheres. The rise in “privatization”—a conversion from certain businesses being operated by nonprofit and government entities to operation by for-profit companies—has sparked considerable opposition, particularly when it occurs within industries that deliver some societal good such as health care or education. Opponents claim that for-profit companies cannot pay heed to their social or charitable commitments because they must focus on generating profits. In a related debate, many corporate scholars disagree about the proper aim of the corporation—with some insisting that it should serve …


The Costs Of Legal Change, Michael P. Van Alstine Jan 2002

The Costs Of Legal Change, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss Jan 2002

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

Faculty Scholarship

No abstract provided.