Digital Commons Network^™

How To Make The Massachusetts Patients' Bill Of Rights Work, George J. Annas

Faculty Scholarship

The movement for enhanced patients' rights is based on two premises: (I) citizens possess certain rights that are not automatically forfeited by entering into a relationship with a physician or health care facility; and (2) most physicians and health care facilities fail to recognize these rights, fall to provide for their protection or assertion, and limit their exercise without recourse.

The primary argument against patients' rights is that patients have "needs" and defining these needs in terms of rights leads to the creation of an unhealthy adversary relationship.' It is not, however, the creation of rights, but the disregard of …

Usery Limits On National Interest, David S. Bogen

Faculty Scholarship

No abstract provided.

Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora

Faculty Scholarship

No abstract provided.

Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Constitutional Privacy In Psychotherapy, Steven R. Smith

Faculty Scholarship

No abstract provided.

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris

Faculty Scholarship

The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …

Review Of Human Rights, Pnina Lahav

Faculty Scholarship

This small volume, mostly of essays presented at the World Congress of the International Association for Philosophy of Law and Social Philosophy held in Australia in 1977, addresses a random sample of the many faces of human rights.

The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas

Faculty Scholarship

In Herman Melville's novel Moby Dick Ishmael searches for knowledge in diverse ways; he views the world not only through his senses but symbolically and metaphorically. At one point, he is tied to the pagan harpooner Queequeg by a "monkey-rope," and it is his duty to use this rope to pull Queequeg free from the sharks surrounding the dead whale that Queequeg is butchering when Queequeg slips from his perch atop the whale. Should he fail, Queequeg's weight will pull them both into the shark-filled waters. Ishmael ponders: "I seemed distinctly to perceive that my own individuality was now merged …

Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith

Faculty Scholarship

No abstract provided.

Corporate Crime And Punishment: A Non-Chicago View Of The Economics Of Criminal Sanctions, John C. Coffee Jr.

Faculty Scholarship

In this article, Professor Coffee argues that fines are an inefficient means by which to deter organizational crimes. Instead, he urges a focus on the individual decision-maker and a system of competitive bids with respect to the choice of a fine as an alternative punishment.

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

Cost-Benefit Analysis: An Inadequate Basis For Health, Safety, And Environmental Regulatory Decisionmaking, Michael S. Baram

Faculty Scholarship

The use of cost-benefit analysis in agency decisionmaking has been hailed as the cure for numerous dissatisfactions with governmental regulation. Using this form of economic analysis arguably promotes rational decisionmaking and prevents health, safety, and environmental regulations from having inflationary and other adverse economic impacts. Closer analysis, however, reveals that the cost-benefit approach to regulatory decisionmaking suffers from major methodological limitations and institutional abuses. In practice, regulatory uses of cost-benefit analysis stifle and obstruct the achievement of legislated health, safety, and environmental goals.

This Article critically reviews the methodological limitations of cost-benefit analysis, current agency uses of cost-benefit analysis under …

Managing Risks To Health, Safety And Environment By The Use Of Alternatives To Regulation, Michael S. Baram, David Sandberg, Larry Dufault, Kevin Mcallister

Faculty Scholarship

The management of risks to health, safety and environment is one of the central concerns of our society. This important function has been largely delegated to federal regulatory agencies which, over the last decade, have tried to respond to the difficult mandate of managing risk under conditions of technical uncertainty by implementing complex regulatory programs. The federal government is now grappling with the design and implementation of various regulatory reforms to lessen economic burdens and to harmonize regulation with marketplace considerations, because of growing opposition to further regulation.

What has been left unpromoted as a reform thus far is the …

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

Homo Psychologicus: Notes On A New Legal Formalism, William H. Simon

Faculty Scholarship

Having survived the assault of the Realists earlier in this century, the doctrinal tradition in legal theory and legal education is undergoing a second wave of criticism. Again, doctrinal writing and education is charged with promoting a conservative ideological perspective and with ignoring the practical tasks of lawyering. Law schools are criticized for failing both to train competent practitioners and to instill in their students an appropriate sense of "responsibility."

One of the most interesting aspects of this second wave of criticism has been the emergence of a new style of discourse about law inspired by psychology. This style, which …

Making The Punishment Fit The Corporation: The Problem Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.

Faculty Scholarship

To be "present at the creation," in Dean Acheson's felicitous phrase, is always an honor. In addition, to be present at the commencement of what I expect will be a sustained and fruitful tradition at this law school, namely, the Governor Thompson Lectureship, is a second honor. Finally, let me express my thanks to Dean Bainbridge for a third honor: the compliment implicit in the 2 to 1 odds he has arranged today. Both Norval Morris and Mark Crane are men with distinguished careers in quite different fields of the law. If I am confident of one thing today, it …

Using The Freedom Of Information Act As A Discovery Device, David I. Levine

Faculty Scholarship

No abstract provided.

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Negligent Samaritans Are No Good, George J. Annas

Faculty Scholarship

In the lead article attorney Miles Zaremski argues that ambiguities in good samaritan statutes have made them ineffective, and suggests that they be appropriately amended and clarified. This is one possible approach. However, after almost two decades of experimenting with this type of immunity legislation, an experiment which Zaremski seems to indicate has failed, it is worth considering at least two other alternatives: (I) repeal all good samaritan statutes; or (2) amend them to require health care professionals to stop and render emergency aid (the stated goal of good samaritan statutes).

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Faculty Scholarship

No abstract provided.

Federal Courts & Federal Rights, Gordon G. Young

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Faculty Scholarship

This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …