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Articles 9601 - 9630 of 10225
Full-Text Articles in Entire DC Network
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
The Case Against The Thrifty Food Plan As The Basis For The Food Component Of The Afdc Standard Of Need, Mary Ellen Natale, David A. Super
The Case Against The Thrifty Food Plan As The Basis For The Food Component Of The Afdc Standard Of Need, Mary Ellen Natale, David A. Super
Faculty Scholarship
No abstract provided.
The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super
The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super
Faculty Scholarship
No abstract provided.
Women's Work, Jana B. Singer
A Half Century Of The Maryland Law Review, William L. Reynolds
A Half Century Of The Maryland Law Review, William L. Reynolds
Faculty Scholarship
No abstract provided.
Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power
Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power
Faculty Scholarship
No abstract provided.
Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin
Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin
Faculty Scholarship
No abstract provided.
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Commentary: Justice Brennan's Legacy And The Potentially Jilting Souter, John J. Capowski
Commentary: Justice Brennan's Legacy And The Potentially Jilting Souter, John J. Capowski
Faculty Scholarship
No abstract provided.
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
Faculty Scholarship
No abstract provided.
Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin
Faculty Scholarship
No abstract provided.
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
Faculty Scholarship
No abstract provided.
Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox
Faculty Scholarship
Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …
Mental Health Malpractice In The 1990s, Steven R. Smith
Mental Health Malpractice In The 1990s, Steven R. Smith
Faculty Scholarship
This article analyzes the current levels and kinds of mental health malpractice claims. It also discusses the direction of individual and institutional malpractice in the 1990s and considers potential reforms. Finally, the article argues that the current system is inadequate to deal with many mental health injuries and that patient plaintiffs should have the option of pursuing malpractice claims in a private, less threatening forum.
Good Intentions Gone Awry: The Impact Of New York's Equitable Distribution Law On Divorce Outcomes, Marsha Garrison
Good Intentions Gone Awry: The Impact Of New York's Equitable Distribution Law On Divorce Outcomes, Marsha Garrison
Faculty Scholarship
No abstract provided.
Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green
Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green
Faculty Scholarship
No abstract provided.
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Constitutional Politics In Poland: A Report On The Constitutional Committee Of The Polish Parliament, Andrzej Rapaczynski
Constitutional Politics In Poland: A Report On The Constitutional Committee Of The Polish Parliament, Andrzej Rapaczynski
Faculty Scholarship
This Article is neither a comprehensive historical account of the work of the Constitutional Committee of the Polish Parliament nor a theoretical synthesis of recent constitutional developments in Poland. Rather, it is a mixture of theory, anecdote, and personal reminiscence that I feel at this point most capable of providing. As will be seen, the work on the new Polish constitution has in some ways been overtaken by events that unfortunately have always lurked in the background of the drafters' work and influenced their decisions. In fact, it is not clear that Poland will enact anything resembling the draft prepared …
A Normative Theory Of Public Law Remedies, Susan Sturm
A Normative Theory Of Public Law Remedies, Susan Sturm
Faculty Scholarship
The remedial process in public law litigation is a practice in search of a theory. Courts are actively engaged in attempting to remedy violations of constitutional and statutory norms in complex organizational settings. The traditional adversary conception of adjudication has proven inadequate to the task of structuring remedies and promoting compliance in these settings. In response, lawyers, judges, and litigants are employing a variety of innovative roles and processes that do not conform to the accepted adjudicative ideal. Remedial activity in public law litigation frequently entails negotiation, informal dialogue, ex parte communication, broad participation by actors who are not formally …
International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch
International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch
Faculty Scholarship
To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …
Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann
Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Faculty Scholarship
This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Faculty Scholarship
Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …
The Health Care Proxy And The Living Will, George J. Annas
The Health Care Proxy And The Living Will, George J. Annas
Faculty Scholarship
A legally enforceable declaration can be executed only 14 days or more after a person is diagnosed as having a terminal illness, defined as one that will cause the patient's death "imminently," whether or not life-sustaining procedures are continued. [...]even though this statute was inspired by her story, it would not have helped Quinlan, because she was not terminally ill.
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Faculty Scholarship
The face of American health care has changed since the creation of the two largest government funded health programs, Medicare and Medicaid. Whatever positive cultural benefits those programs have provided, they have carried with them one overwhelming defect: a language with obscure and untreatable words and phrases which has added to the mystery and impenetrability of the underlying substantive law. This article discusses Oregon’s proposal for prioritization, reviews legal arguments, a policy argument against the proposal, and finally concludes that any priority list that generalizes from condition-treatment pairs necessarily overgeneralizes, that the range of cost-utility ratios for any condition-treatment pair …
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Faculty Scholarship
Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Faculty Scholarship
We have come to accept, as a matter of both law and medical ethics, that open and honest discussion is crucial to the doctor–patient relationship. We accordingly deplore the practice in Plato's Greece whereby, for slaves, "verbal communication between healer and patient was reduced to a minimum." But restricting conversation between doctor and patient has now become a matter of government policy, again distinguishing patients according to economic class.
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Faculty Scholarship
Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …
Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien
Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien
Faculty Scholarship
This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …
The Long Dying Of Nancy Cruzan, George J. Annas
The Long Dying Of Nancy Cruzan, George J. Annas
Faculty Scholarship
With the Nancy Cruzan decision, 1 the post-Reagan Supreme Court continued recreating America's legal landscape by transferring traditional rights from its citizens to state legislatures and state officials. Attorneys Bopp and Marzen see Cruzan as a cause for celebration. 2 The more common view is that it is a hollow acceptance of the technological imperative that requires all Americans to engage in extensive damage control. Given the composition of the Court, constituted by President Ronald Reagan to overrule Roe v. Wade, Bopp and Marzen correctly note that the result in Cruzan was "practically inevitable." But its inevitability does not …