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Articles 15451 - 15480 of 15821
Full-Text Articles in Entire DC Network
Pregnancy And The Constitution: The Uniqueness Trap, Katharine T. Bartlett
Pregnancy And The Constitution: The Uniqueness Trap, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Private Use Of Public Facilities: A Comment On Gilmore V. City Of Montgomery, Larry Yackle
Private Use Of Public Facilities: A Comment On Gilmore V. City Of Montgomery, Larry Yackle
Faculty Scholarship
Perhaps the principal shortcoming of constitutional adjudication in the Supreme Court of the United States is the Court's recurrent failure to set forth principles of decision that rise above the result reached in any particular case.' The other branches of the national government, the states, the bar, and ultimately the public at large require guidance concerning the pressing constitutional issues of the day. That guidance can come only from the Supreme Court, for, to be sure, "[i]t is emphatically the province and duty of the judicial department to say what the law is."2 To the extent the Court shrinks from …
Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz
Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz
Faculty Scholarship
Participants in the psychosurgery controversy generally espouse one of three competing points of view. First, there are the surgeons who argue that psychosurgical procedures have developed beyond the experimental stage to the point where they may be considered therapeutic for certain types of patients. Second, there are those who support further research in the area in the hope of developing genuinely therapeutic procedures, but who recognize the importance of safeguarding against potential abuses in the course of this development. Finally, there are the anti-psychosurgeons, who argue for the total prohibition of psychosurgery on ethical, spiritual, or political grounds independent of …
Environmental Law And Construction Project Management, Michael S. Baram
Environmental Law And Construction Project Management, Michael S. Baram
Faculty Scholarship
Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …
The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.
The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.
Faculty Scholarship
As Western man approaches the last quarter of the twentieth century, he is developing the power to control the forces of nature. Few areas of human behavior have not been affected by new technologies. In health care, progress has been dramatic in such areas as the determination of prenatal genetic defects through amniocentesis, asexual reproduction through artificial insemination, the use of an artificial placenta, cloning,artifical modification of man-especially through transplantation, ' modification of human behavior through psychosurgery and chemotherapy,' and the mechanical postponement of death. No aspect of health care has escaped the impact of technology.
The Status Of Women In Israel - Myth And Reality, Pnina Lahav
The Status Of Women In Israel - Myth And Reality, Pnina Lahav
Faculty Scholarship
The issue of women's rights has been subjected to reexamination and redefinition in recent years. The legal structure relevant to this issue, so clearly intertwined with traditional values and historical prejudices, is increasingly studied in an attempt to find ways to achieve equality of the sexes in our lifetime. In this context, cross-cultural study of diverse societies and legal systems can make a vital contribution. A step forward in this direction was taken in the fall 1972 issue of this journal, in a symposium on the status of women. Among others, the Israeli legal system was discussed by Plea Albeck, …
An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall
An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall
Faculty Scholarship
No abstract provided.
On Formal Justice, David B. Lyons
On Formal Justice, David B. Lyons
Faculty Scholarship
A number of legal and political theorists have suggested that public officials who fail to act within the law that they administer act unjustly. This does not mean that injustice is always likely to be done merely because it often happens to be done when officials depart from the law. Some writers have held that injustice is done whenever an official fails to act within the law, regardless of the circumstances. I shall call this type of view "formal justice."
Regulation Of Variable Life Insurance, Tamar Frankel
Regulation Of Variable Life Insurance, Tamar Frankel
Faculty Scholarship
On November 29, 1971 the American Life Convention and Life Insurance Association of America filed a petition with the Securities and Exchange Commission (SEC) to exempt certain variable life insurance policies and separate accounts funding them from the provisions of the federal securities acts.1 The petition had been preceded by informal negotiations by the insurance industry for a decision by the SEC "not to assert jurisdiction" over such policies and accounts.2 The Commission's staff declined to recommend primarily because the staff felt that other interested parties ought to be heard before a determination was made which might adversely …
Technology Assessment And Social Control, Michael S. Baram
Technology Assessment And Social Control, Michael S. Baram
Faculty Scholarship
The emerging concepts of corporate responsibility and technology assessment are, to a considerable extent, responses to problems arising from technological developments and their applications by industry and government. These problems appear in the relatively discrete sectors of consumer protection and occupational safety and in the diffuse sectors of community quality of life and the national and international environments.
Restitution In A Contractual Context, Joseph Perillo
Restitution In A Contractual Context, Joseph Perillo
Faculty Scholarship
No abstract provided.
Presumption That Estate Income Is Allocated Among Multiple Beneficiaries In Proportion To Their Receipt Of Total Distributions Given Conclusive Rather Than Rebuttable Effect, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The Past As Prologue: A History Of The Right To Repossess, James R. Mccall
The Past As Prologue: A History Of The Right To Repossess, James R. Mccall
Faculty Scholarship
No abstract provided.
Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird
Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird
Faculty Scholarship
No abstract provided.
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
Faculty Scholarship
No abstract provided.
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Faculty Scholarship
Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …
Taxation Of Unrealized Gains At Death – An Evaluation Of The Current Proposals, Michael J. Graetz
Taxation Of Unrealized Gains At Death – An Evaluation Of The Current Proposals, Michael J. Graetz
Faculty Scholarship
The failure to tax the appreciation of capital assets transferred at death has been described as the major shortcoming of existing federal income tax laws. From time to time since 1942, the Department of the Treasury and others have urged alteration of the rule which underlies this failure. Recently the House Ways and Means Committee held panel discussions and public hearings on the subject of tax reform during which consideration was given to the possibility of changing the laws dealing with taxation of appreciated property at death. In its recommendations to the Committee, the Treasury Department did not push for …
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Faculty Scholarship
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
Faculty Scholarship
No abstract provided.
Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson
Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Part Ii: Procedural Law - Evidence (1973), Frank W. Elliott
Part Ii: Procedural Law - Evidence (1973), Frank W. Elliott
Faculty Scholarship
During the past year the cases of greatest significance in the law of evidence seem to fall under the general classification of hearsay. Each of the cases selected for examination considers several exceptions to the hearsay rule.
The Suicide Defense In Workmen’S Compensation, Arthur Larson
The Suicide Defense In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.
The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.
Faculty Scholarship
We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.
Conflict Of Laws In Workmen’S Compensation, Arthur Larson
Conflict Of Laws In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass
Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass
Faculty Scholarship
No abstract provided.
Court Reform In England, Kazimierz Grzybowski
Court Reform In England, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Faculty Scholarship
This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
Faculty Scholarship
It is commonplace that the Constitution of the United States restricts democratic government, and that it does so as determined by the Supreme Court pursuant to its power of substantive constitutional review.
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Faculty Scholarship
The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.
To Where Does One Attach The Horses?, Aaron Twerski
To Where Does One Attach The Horses?, Aaron Twerski
Faculty Scholarship
No abstract provided.