Digital Commons Network^™

Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond

Faculty Scholarship

No abstract provided.

When Can The Government Issue A Retroactive Medicare Reimbursement Rule? A Preview Of Bowen V. Georgetown University Hospital, Robert L. Schwartz

Faculty Scholarship

The only issue before the Court is whether the Secretary of Health and Human Services can issue a regulation with entirely retroactive effect governing Medicare reimbursement for healthcare providers. The Court must decide whether such a retroactive rule is permitted by the Administrative Procedures Act (the "APA"), which defines a rule as "an agency statement of either general or particular applicability and future effect," or by the Medicare statute, which authorizes the Secretary to issue regulations to provide for the reimbursement of the "reasonable costs" of hospitals providing Medicare services.

The American Jury On Trial: Psychological Perspectives (Book Review), Leo M. Romero

Faculty Scholarship

Book Review of S. Kassin & L. Wrightsman, The American Jury on Trial: Psychological Perspectives (1988)

Chronicling A Movement For Civil Rights, James W. Ellis

Faculty Scholarship

Review of the book, The Mentally Disabled and the Law, by Jan Brakel Samuel, John Pary, and Barbara A. Weiner.

Judge Ogden Hoffman And The Northern District Court Of California, Christian G. Fritz

Faculty Scholarship

A transcribed speech on Ogden Hoffman and the early history of the United States District Court for the Northern District of California. The author touches upon three areas of law important to Hoffman's court: admiralty, land, and Chinese immigration. Then assess the meaning of Hoffman's judgeship in contrast to that of United States Supreme Court Associate Justice Stephen J. Field.

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum

Faculty Scholarship

About the Index to Legal Periodicals functionality now that it is on CD.

The Wrongs Of Legal Writing, John C. Dernbach

Faculty Scholarship

No abstract provided.

Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Faculty Scholarship

Time limitations for cause of action are an integral part of the American system of law. These limitations define time periods following the accrual of the right of action in which a litigant must assert his claim. If the litigant fails to commence his suit within the specified time period, the court will generally deny relief. Given that failure to commence a suit before the limitation period has expired may deny an injured party relief and allow a wrongdoer to escape without providing such relief, litigants must be able to determine the limitation periods that will apply to their particular …

Qualitative Standards For Qualified Securities: Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …

Surrogate Parenthood, George J. Annas, John Robertson

Faculty Scholarship

Does a surrogate mother have the right to change her mind? Not according to the Baby M court, which enforced a $10,000 contract between Mary Beth Whitehead and William and Elizabeth Stern that it found was "in the best interests of the child." The decision is now on appeal before the New Jersey Supreme Court.

The case has produced sharply divided reaction-some denounce surrogate arrangements as Orwellian while others see them as a boon to childless couples.

George Annas, a professor of health law at Boston University's School of Public Health, would void these contracts on policy grounds. He believes …

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Conflict Of Law (1987), James Paul George, Fred C. Pedersen

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions are all foreign elements that may create problems in judicial jurisdiction, choice of law, or the recognition of foreign judgments. This Article reviews Texas conflict of laws during the Survey period from late 1985 through 1986. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as …

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

The Election Of Directors And Chapter 11--The Second Circuit Tells Stockholders To Walk Softly And Carry A Big Lever, Michael A. Gerber

Faculty Scholarship

No abstract provided.

The Case For Limiting Judicial Review Of Labor Board Certification Decisions, Michael C. Harper

Faculty Scholarship

Part I of this Article explains in more technical detail the effects of the present system of judicial review of Board certification decisions and how that system developed. Part II argues that this review should be sharply curtailed, suggesting that unless a court is able to rule that the Board has rendered a certification decision for an improper motive, it should reconsider that decision only to the extent it involves a constitutional issue, a narrow jurisdictional issue, or one of a few bounded technical issues. Such a curtailment of review should be embraced by all who remain sympathetic to the …

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager

Faculty Scholarship

No abstract provided.

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …

Biological And Geological Processes At The Shelf Edge Investigated With Submersibles., John K. Reed, Charles M. Hoskin

Faculty Scholarship

Studies of living reefs along the shelf edge off eastern Florida and the Bahamas suggest the interrelation of physical, biological, and geological processes. JOHNSON-SEA-LINK submersibles were used to sample corals and sediment with a manipulator or by lock-out diving. Videotape and 35 mm cameras, CTD system, and transmissometer were used to document the dives. Sediment traps, light meters, time-lapse camera, thermographs, and current meters were deployed and recovered. A 222 km long reef system of discontinuous pinnacles capped with living and dead Oculina coral was studied off Florida. Upwelling may contribute to growth and community structure of the reef system. …

Effects Of Natural And Artificial Thalassia On Rates Of Sedimentation., M. N. Almasi, Charles M. Hoskin, John K. Reed

Faculty Scholarship

Sediment traps were used to measure the rate of deposition in a Thalassia seagrass meadow and in an adjacent (sandy) grass-free area. The average depositional rate of mud in the Thalassia bed was 4.96 g trapˉ¹ weekˉ¹, and in the sandy area, it was 3.04 g trapˉ¹ weekˉ¹ in the summer. In winter, these rates were 1.60 and 1.50 g mud trapˉ¹ week ˉ¹, respectively. Electromagnetic current-meter measurements showed that the mean flow velocity in the grass-free area is higher than in the seagrass area. Therefore, the increased depositional rate of mud within the seagrass is due to slowing of …

Sediments From A Living Shelf-Edge Reef And Adjacent Area Off Central Eastern Florida., Charles M. Hoskin, John K. Reed, David H. Mook

Faculty Scholarship

Jeff's Reef (27⁰ 32.5' N; 790 58.3' W), a 16m high Oculina coral bank on the shelf-slope break, is the site of modem carbonate sedimentation mixed with relict carbonate and quartz. Surficial sediments from the 94 km² surrounding area of outer shelf, shelf edge and upper slope are significantly different from reef sediments as judged by wt.% gravel, sand, silt, clay, mud, sorting, skewness and normalized kurtosis. Sand grain types (ooid +pellet+ carbonate rock fragments, barnacles and coral) are also different for reef and non-reef areas. Sediments of non-reef origin in the adjacent areas have significantly larger between-station …

Texas Session Laws: Same Chapter, Different Verse, James Hambleton, Jim Paulsen

Faculty Scholarship

An inconsistency in the publication of Texas session laws, beginning with the tag-end of the 68th Legislature, promises to create considerable confusion in finding and citing session laws. The problem stems from the fact that one publisher produced the paper pamphlet "advance sheets" for new laws, while another released the bound volumes of the same session laws. As one might expect, page numbers do not coincide.

Choice Of Law Outline For Texas Courts, James P. George

Faculty Scholarship

Several recent Texas choice of law cases have misapplied the most-significant-relationship test, the basic Texas choice of law test adopted from the Restatement (Second) of Conflict of Laws. The misapplications (none from the Texas Supreme Court) predominantly turn on the courts' improperly focusing on a single element of the seven-factor most-significant-relationship test, thereby thwarting its function as a balancing test for competing interests. Texas courts are not alone in this misunderstanding of choice of law tests. In recent years most states have moved away from the old rigid choice of law rules--easily applied, but often unfair--to the newer rules based …