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What Doctors Can Learn From Lawyers About Conflicts Of Interest, Nancy J. Moore Apr 2001

What Doctors Can Learn From Lawyers About Conflicts Of Interest, Nancy J. Moore

Faculty Scholarship

Some physicians are receiving financial incentives for enrolling their patients in clinical studies, while others have financial interests in companies that will profit from the products under investigation. These practices are arguably permissible under both applicable law and codes of medical ethics. Further, physicians are not required even to disclose their financial conflicts when advising patients to enroll in a clinical experiment. This article explores differences between the medical and legal professions' treatments of conflicts of interest in order to explain 1) why physicians have failed to adequately address conflicts not only in clinical research, but also in other aspects …

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Congress And The Legislative Web Of Trust, Alan L. Feld Apr 2001

Congress And The Legislative Web Of Trust, Alan L. Feld

Faculty Scholarship

Trust in the legislative arena does not flow from altruism. It rests on two related foundations: personal interactions and rational incentives. Legislators must engage with each other over at least a two-year term and usually far longer. Their encounters reflect the dynamic of continuing players rather than one-time participants. Thus, failure to carry out commitments chills the possibility of future advantageous agreements with the aggrieved party. Moreover, the process of shared experience and personal interaction can create friendships that make the foundation for trust personal as well as professional. Further, each House of Congress has many of the characteristics of …

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Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller Apr 2001

Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller

Faculty Scholarship

This article examines the troublesome ethical dilemmas arising out of physician conflicts of interest in the context of research on human beings. It focuses on the inevitable conflict between the objectives of clinical investigators and those of their human subjects to illuminate subtle divergences of interest in doctor-patient relationships that patients often do not recognize - or want to believe. Once perceived, however, these potentially corroding conflicts can stun research subjects and their families, and leave them feeling deeply betrayed by their clinicians. The article concludes that a researcher's substantial financial conflicts constitute material information which, absent compelling circumstances, the …

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Foreword: The Structures Of Care Work, Katharine B. Silbaugh Apr 2001

Foreword: The Structures Of Care Work, Katharine B. Silbaugh

Faculty Scholarship

A fantastic amount of activity is brewing around the subject of care work-meeting the needs of children, the elderly, the sick, or the disabled.  The family, which has been the primary repository of care responsibilities, has gone through an irreversible transformation in terms of expectations, aspirations, conduct, stability, composition, and abilities. These changes raise questions about the efficacy of assigning care solely to the family, and they also bring to light several kinds of persistent justice problems raised by that allocation. As the roles and expectations of both men and women have evolved in the family, in the workforce, and …

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Controlling Precedent: Congressional Regulation Of Judicial Decision-Making, Gary S. Lawson Apr 2001

Controlling Precedent: Congressional Regulation Of Judicial Decision-Making, Gary S. Lawson

Faculty Scholarship

Modern federal courts scholars have been fascinated by the question of Congress' power to control the jurisdiction of the federal courts.' This fascination is not difficult to explain: the question is theoretically profound and raises fundamental issues about the roles of Congress and the federal courts in the constitutional order.2 As a practical matter, however, the question has proven to be of limited significance. Despite a recent spate of legislation restricting access to courts by prisoners and immigrants,3 people talk about wholesale jurisdiction-stripping far more than they actually do it.

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Taking Democracy Seriously, Neil B. Cohen Mar 2001

Taking Democracy Seriously, Neil B. Cohen

Faculty Scholarship

No abstract provided.

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Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco Mar 2001

Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco

Faculty Scholarship

A citizen’s civil rights include protections against certain actions by three different governments – federal, state, and tribal. If the federal or a state government violates your civil rights, you can seek a remedy in federal court, including injunctive or declaratory judgment and damages. But the Supreme Court decided in Santa Clara Pueblo v. Martinez that that – other than habeas corpus relief – you cannot challenge a civil rights violation by an Indian tribe in federal court. The decision has resulted in a significant amount of controversy and proposals that Congress explicitly grant such jurisdiction. This article reviews the …

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Protection Of Traditional Knowledge, Srividhya Ragavan Mar 2001

Protection Of Traditional Knowledge, Srividhya Ragavan

Faculty Scholarship

Knowledge has been the most coveted possession of mankind since the industrial revolution. The industrial boom after the World Wars has highlighted the importance of the so-called intellectual knowledge. Recently, the importance of knowledge that has been in the public domain (and, therefore, accessible) has come into question. The pattern of evolution of society, has been marked by a process by which the societies in developed countries have moved towards a more technological orientation. Consequentially, some traditional knowledge, including traditional practices, has been left behind and newer practices that are better, or at least considered better, are being used. Knowledge …

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The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell Mar 2001

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell

Faculty Scholarship

This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.

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Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu Mar 2001

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

Since the mid-1980s, the U.S.-China intellectual property conflict has entered into the public debate. It was frequently debated in Congress and was widely covered by the mass media. Despite the importance of this issue, the debate thus far has been one-sided, focusing primarily on the unfair competition aspect. While there are undeniably some greedy Chinese who are eager to free ride on the creative efforts of Western authors and inventors, greed alone cannot explain the century-old U.S.-China intellectual property conflict. To understand the roots of this conflict, one must focus on the significant political, social, economic and cultural differences between …

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Proposing A New Paradigm For Eeoc Enforcement After 35 Years: Outsourcing Charge Processing By Mandatory Mediation, Michael Z. Green Mar 2001

Proposing A New Paradigm For Eeoc Enforcement After 35 Years: Outsourcing Charge Processing By Mandatory Mediation, Michael Z. Green

Faculty Scholarship

After more than thirty-five years of existence and the quickly approaching thirty year anniversary of the amendment that was intended to transform the EEOC from being a "toothless tiger" of an enforcement agency, the EEOC must now adopt new paradigms for enforcement. Those new paradigms must concentrate on limiting or removing any ongoing focus on charge processing and switching the focus to long-term enforcement initiatives. To accomplish that objective, this Article proposes that the EEOC outsource a significant portion of its charge processing responsibilities to private mediation, an informal process by which a neutral party works with the interested parties …

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Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney Mar 2001

Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney

Faculty Scholarship

This article addresses the importance of teaching legal ethics in law schools. After a brief introduction, this article outlines several reasons why it is necessary to have formal ethical training in law schools. The article then explains the different methods of teaching legal ethics that are utilized in the United States. The article also details why it is important and how to teaching comparative legal ethics in law schools due to increased globalization. The article concludes by identifying sources, such as the internet, for teaching comparative legal ethics.

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The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh Mar 2001

The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh

Faculty Scholarship

Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through …

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The Role Of Law In Russian Health Reform: Report To The United States Agency For International Development, Wendy K. Mariner, Frank G. Feeley Mar 2001

The Role Of Law In Russian Health Reform: Report To The United States Agency For International Development, Wendy K. Mariner, Frank G. Feeley

Faculty Scholarship

True reform necessarily entails new law. In the newly independent Russian Federation, law has played a formative role in efforts to reform the health care system. Both historically and structurally, the health care system in Russia is more dependent on legal authorization than that in most Western industrialized countries. Reforms that providers might institute independently elsewhere are not likely to happen in Russia without specific laws authorizing them. Policy makers often formulate the substance of policy in the context of developing legislation, instead of drafting legislation to codify settled policy decisions. Thus, identifying and developing suitable laws has become an …

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The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei, Anna Di Robilant Mar 2001

The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei, Anna Di Robilant

Faculty Scholarship

This Article is a critique of several contemporary modes of thought in European legal scholarship. It intends to shed light on some interesting phenomena within legal ideology. Removing a legal ideology from its original context and applying it to a new situation can transform its meaning. For example, a progressive movement born in the United States becomes conservative when transplanted into the European institutional context The study of the Americanization of European law has offered many examples of such fascinating ideological twists.

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Sovereign Piracy, Mitu Gulati, Kenneth N. Klee Feb 2001

Sovereign Piracy, Mitu Gulati, Kenneth N. Klee

Faculty Scholarship

No abstract provided.

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Gas Mass Fractions And The Evolution Of Low Surface Brightness Dwarf Galaxies, Stacy S. Mcgaugh Jan 2001

Gas Mass Fractions And The Evolution Of Low Surface Brightness Dwarf Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

The optical and H I properties are presented for a sample of low surface brightness (LSB) dwarf galaxies, cataloged from the Second Palomar Sky Survey. Gas mass fractions for LSB dwarfs reach the highest levels of any know galaxy type (fg = 95%), confirming that their low stellar densities are due to inefficient conversion of gas mass into stellar mass. Comparison with star formation models indicates that the blue optical colors of LSB dwarfs are not due to low metallicity or to recent star formation and can only be explained by a dominant stellar population less than 5 Gyr in …

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Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore Jan 2001

Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore

Faculty Scholarship

This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …

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Tiger Restoration In Asia: Ecological Theory Vs. Sociological Reality, Ronald Tilson, Philip J. Nyhus, Neil Franklin Jan 2001

Tiger Restoration In Asia: Ecological Theory Vs. Sociological Reality, Ronald Tilson, Philip J. Nyhus, Neil Franklin

Faculty Scholarship

No abstract provided.

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Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy Jan 2001

Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy

Faculty Scholarship

No abstract provided.

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Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin Jan 2001

Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin

Faculty Scholarship

After more than two decades of war and foreign interventions, including the US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has entered a period of transition and rebuilding. It thus joins a host of other countries—from South Africa to Sierra Leone to East Timor—which have sought in recent years to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights. In this respect, Afghanistan presents one of the most confronting case studies for the field of ‘transitional justice’. This article considers the question of …

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Teaching Lawyers To Be More Than Zealous Advocates, Paula A. Monopoli Jan 2001

Teaching Lawyers To Be More Than Zealous Advocates, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

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Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns Jan 2001

Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

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From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns Jan 2001

From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns

Faculty Scholarship

In the short span of eight years, the Supreme Court has issued two seemingly opposite answers to the question of whether Congress has free reign to provide private citizens with standing to redress violations of federal environmental law, when those violations have not produced any discernible harm to the claimants. In his prior scholarship, Professor Maxwell Stearns has developed a model of standing based upon the theory of social choice, which focuses primarily upon constitutional standing rules. The recent doctrinal transformation from Lujan v. Defenders of Wildlife, to Friends of the Earth v. Laidlaw Environmental Services, Inc., has provided a …

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Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy Jan 2001

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

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Mathias De Sousa: Maryland's First Colonist Of African Descent, David S. Bogen Jan 2001

Mathias De Sousa: Maryland's First Colonist Of African Descent, David S. Bogen

Faculty Scholarship

No abstract provided.

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Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan Jan 2001

Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan

Faculty Scholarship

No abstract provided.

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Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor Jan 2001

Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

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Myths Of The Reinvented State, Rena I. Steinzor Jan 2001

Myths Of The Reinvented State, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

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The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman Jan 2001

The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman

Faculty Scholarship

No abstract provided.

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