Digital Commons Network^™

Medicine, Death, And The Criminal Law, George J. Annas

Faculty Scholarship

Errors in medicine are common and are at least partly responsible for the deaths of 180,000 patients a year. There is increasing concern about medical errors and the steps that should be taken to prevent them.Until recently, hospitals have addressed errors after the fact, through mortality and morbidity conferences, incident reports, and the like, rather than before the fact, through attention to systems defects and prevention. Likewise, medical-malpractice litigation can be filed only after an injury has occurred. Malpractice litigation is intended to create incentives to improve the quality of medical care by making physicians and hospitals accountable for their …

What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Restrictions On Non-Citizens' Access To Public Benefits: Flawed Premise, Unnecessary Response, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Mediating Life And Death Decisions, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy

Faculty Scholarship

No abstract provided.

The Pedigrees Of Rights And Powers In Scalia's Cruzan Concurrence, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as critical pedagogy. Using personal narrative, this Article examines the various masks ("mascaras") used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling is a discursive technique for resisting cultural and linguistic domination through personal and collective redefinition. The Article explores how transculturation creates new options for expression, personal identity, …

The Social Origins Of Property, Joseph William Singer, Jack M. Beermann

Faculty Scholarship

The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use.' When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves "to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole."' To determine when a regulation amounts to a "taking" of property …

Temperature Dependent Coordination Effects In Base-Off Adenosyl And Methylcobalamin By X-Ray Edge Spectroscopy, Mark R. Chance

Faculty Scholarship

Examination of the role of base-off cobalamin species (where the 5,6-dimethylbenzimidazole ligand coordinated to cobalt is detached by protonation of the imidazole nitrogen) in differentiation between homolytic and heterolytic cobalt-carbon bond cleavage mechanisms is a primary step in better understanding B12-dependent enzyme catalysis. X-ray absorption edge spectroscopy provides the first direct structural evidence of five-coordination in base-off adenosyl- and base-off methylcobalamin complexes at room temperature. Integration of 1s-3d pre-edge transitions of the base-off species reveals the dependence of coordination number on temperature. Gradual increases in 1s-3d transition intensities, as the temperature is increased from 180 K to 298 K, reflect …

1990 Farm Bill's Inaccessible-Resource Provision Applies To Vehicles, David A. Super

Faculty Scholarship

No abstract provided.

Reproduction And Parenting, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Formation Of A Square-Planar Co(I) B12 Intermediate. Implications For Enzyme Catalysis, Mark R. Chance

Faculty Scholarship

X-ray edge and extended x-ray absorption fine structure (EXAFS) techniques provide powerful tools for analysis of local molecular structure of complexes in solution. We present EXAFS results for Co(I) B12 that demonstrate a four-coordinate (distorted) square-planar configuration. Comparison of EXAFS solutions for Co(I) and Co(II) B12 (collected previously; Sagi et al. 1990. J. Am. Chem. Soc. 112:8639–8644) suggest that modulation of the Co-N bond to the axial 5,6-dimethylbenzimidazole (DMB), in the absence of changes in Co-N (equatorial) bond distances, may be a key mechanism in promoting homolytic versus heterolytic cleavage. As Co-C bond homolysis occurs, the Co-N (DMB) bond becomes …

Integrating Theory With Practice, Robert C Power

Faculty Scholarship

No abstract provided.

Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis

Faculty Scholarship

This Article will attempt to analyze some of the considerations that should inform enlightened and compassionate public policy in this area. Section I will describe briefly the definition of mental retardation and common attributes of people who have the disability and the social and political world in which they live within our society. Section II will sketch some of the contexts in which legal issues about decision-making arise in the lives of people with mental retardation. Section III will discuss the generic legal doctrines of consent which form the backdrop for legal analysis of these problems, with particular attention to …

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …

Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross

Faculty Scholarship

The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.

Judicial Deference To Executive Precedent, Thomas W. Merrill

Faculty Scholarship

In 1984, the Supreme Court adopted a new framework for determining when courts should defer to interpretations of statutes by administrative agencies. Previous decisions had looked to multiple contextual factors in answering this question. Chevron U.S., Inc. v. National Resources Defense Council, Inc. appeared to reject this approach and require that federal courts defer to any reasonable interpretation by an agency charged with administration of a statute, provided Congress has not clearly specified a contrary answer. The Court justified this new general rule of deference by positing that Congress has implicitly delegated interpretative authority to all agencies charged with enforcing …

Benign Restraint: The Sec's Regulation Of Execution Systems, David M. Schizer

Faculty Scholarship

To the handful of traders who founded the New York Stock Exchange (NYSE) in 1792 – and perhaps even to the securities traders of the 1960's – today's securities markets would be virtually unrecognizable. New communications and data processing technologies, the globalization of investment portfolios, and a surge in trading volume have created new needs and possibilities. As a result, revolutionary advances have occurred in the design and performance of execution systems: the technologies (computers, telephones, modems) and formats (auction-based stock exchanges, dealer-based "over-the-counter" markets, computerized single price auctions) that traders use to conduct trades. These advances enable trades on …

The International Code Of Marketing Of Breast-Milk Substitutes: Survey Of Legislation And Other Measures Adopted (1981-1991), Gillian L. Lester

Faculty Scholarship

Since the adoption of the International Code of Marketing of Breast·milk Substitutes in 1981, Member States of the World Health Organization have responded in varying degree and manner in giving effect to it. WHO has prepared a comprehensive summary, organized on a country-by-country basis, of government action in this regard (document WHO /MCH/NVT /90.1). The present paper complements chis summary, and increases its usefulness, by focusing on the Code's individual articles and describing how each has been given expression through national legislation or other measures. Their adoption is one aspect of the wider efforts Member States are making to address …

Evidence For Proximal Control Of Ligand Specificity In Hemeproteins: Absorption And Raman Studies Of Cryogenically Trapped Photoproducts Of Ligand Bound Myoglobins, Mark R. Chance

Faculty Scholarship

The absorption and resonance Raman spectra of cryogenically trapped photoproducts of oxy and carboxy derivatives of myoglobin (Mb) are compared and analyzed in an attempt to understand the structural basis for ligand specificity in hemeproteins. Pulsed and cw excitations over a wide temperature range are used in order to differentiate between kinetic hole burning (KHB), optical pumping of structural relaxation, and spontaneous relaxation effects. Using these techniques, we are able to correlate changes in the absorption spectrum (band III at ≈ 760 nm) with low-frequency Raman bands. Based on these correlations we are able to determine which proximal heme pocket …

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann

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

Faculty Scholarship

No abstract provided.

Questionable Rule Denies Food Stamps To Self-Employed Workers, David A. Super, Marilyn Katz

Faculty Scholarship

No abstract provided.

The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super

Faculty Scholarship

No abstract provided.

Legal Process And Judges In The Real World, Peter L. Strauss

Faculty Scholarship

It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.

I am not going to address Professor Zeppos's account of …

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 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 …

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Faculty Scholarship

No abstract provided.

Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman

Faculty Scholarship

Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …