Digital Commons Network^™

Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins

Faculty Scholarship

No abstract provided.

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Book Review: Public Choice Theory: A Unifying Framework For Judicial Activism, 110 Harvard Law Review 1161 (1997) (Reviewing Charles M. Haar, Suburbs Under Siege: Race, Space, And Audacious Judges(1996)), Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

A Farewell To Principles, Gary S. Lawson

Faculty Scholarship

Larry Alexander and Ken Kress have written one of the most interesting and engaging articles on jurisprudence in recent times- That is not surprising, as they are two of the most consistently interesting and engaging figures on the contemporary legal scene. Their case against the use of Dworkinian legal principles in adjudication is simply devastating. In particular, their argument that Dworkinian legal principles must be identical to correct moral principles in all future cases-their so-called "Argument from Fit" 2 -seems to me unanswerable.

Enterprise Liability And The Emerging Managed Health Care System, William M. Sage

Faculty Scholarship

“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise. Proposals for enterprise liability surfaced briefly from the academic literature into the political spotlight during the 1993-94 health care reform debate. At that time, objections to the concept as a basis for medical malpractice liability, even in a restructured health care system, were nearly universal.

Just five years later, …

The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso

Faculty Scholarship

The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …

Fidelity To Our Imperfect Constitution, James E. Fleming

Faculty Scholarship

What is the question of fidelity a question about? The topic of our Symposium, "Fidelity in Constitutional Theory," raises two fundamental questions: Fidelity to what? and What is fidelity? The short answer to the first-fidelity to the Constitution-poses a further question: What is the Constitution? For example, does the Fourteenth Amendment embody abstract moral principles or enact relatively concrete historical rules? And does the Constitution presuppose a political theory of majoritarian democracy or one of constitutional democracy? The short answer to the second-being faithful to the Constitution in interpreting it-leads to another question: How should the Constitution be interpreted?' Does …

Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney

Faculty Scholarship

This article addresses the overlooked negative consequences of law firms transitioning from a traditional partnership to a limited liability partnership or company. Part I of this article introduces the topic by providing a brief history of the development of LLCs and LLPs and noting the lack of attention given to the detrimental consequences of such firm structures. Part II reviews the forces behind the limited liability movement and the emergence of limited liability law firms. Part III surveys the statutory approaches to limiting vicarious liability in LLCs and LLPs. Part IV then examines possible internal consequences of attorneys’ practicing as …

The Pecos River Controversy- How Did We Get Here?, G. Emlen Hall

Faculty Scholarship

Conference program only.

Final Cruise Report: Submersible And Scuba Collections Around Little Bahama Bank, Bahama Islands., John K. Reed, Amy E. Wright, Robin Willoughby, Kathleen E. Janda, Tara P. Pitts, Lynn Robertson, Sandra Scarpa, Melanie Mcelroy

Faculty Scholarship

Division of Biomedical Marine Research (DBMR) scientists [John Reed (Chief Scientist; Dive Safety Officer), Dr. Amy Wright, Robin Willoughby, Kathleen Janda, Tara Pitts, Lynn Robertson, Sandra Scarpa, and Melanie McElroy conducted a 7 day research expedition to the Bahama Islands on the R/V EDWIN LINK from April 26 to May 2, 1995. The primary objectives were: 1) to

collect marine invertebrates for discovery of novel compounds with therapeutic potential; 2) to document the biodiversity of deep-water benthic communities with videotapes, 35-mm photographs, and museum specimens using the JOHNSON-SEA-LINK I Research Submersible; 3) to isolate heterotrophic microorganisms for culture; and 4) …

Submersible And Scuba Collections In The Coastal Waters Of The Bahama Islands And Florida's Oculina Coral Banks: Biomedical And Biodiversity Research Of The Benthic Communities With Emphasis On Porifera And Gorgonacea., Shirley A. Pomponi, John K. Reed, Amy E. Wright, Kathleen E. Janda, Robin Willoughby, Susan H. Sennett, M. Kelly-Borges, James O. Mcinerney, Christi L. Adams, Klaus, Kelly-Borges, David Myles

Faculty Scholarship

Division of Biomedical Marine Research (DBMR) scientists [Dr. Shirley Pomponi (Principal Investigator; Director, Division of Biomedical Marine Research), John Reed (Chief Scientist; Dive Safety Off icer), Dr. Amy Wright, Robin Willoughby, Kathleen Janda, and Dr. Susan Sennett] and visiting scientists [Dr. Michelle Kelly-Borges, Dr. James McInerney, Dr. David Myles, Christi Adams, and Klaus Kelly-Borges] conducted a 7 day research expedition to the Bahama Islands on the R/V EDWIN LINK from October 25 to 31, 1996. One submersible dive was also conducted on the deep-water Oculina coral banks of central eastern Florida. The primary objectives were: 1) to conduct biochemical and …

Between Rock And A Hard Place: The Right To Testify And Impeachment By Prior Conviction, Alan D. Hornstein

Faculty Scholarship

No abstract provided.

Regulatory Evolution And The Future Of Environmental Policy, Robert V. Percival

Faculty Scholarship

No abstract provided.

Legal Ethics & Practical Politics: Musings On The Public Perception Of Lawyer Discipline, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Judging The Judges: Racial Diversity, Impartiality And Representation On State Trial Courts, Sherrilyn A. Ifill

Faculty Scholarship

No abstract provided.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

Faculty Scholarship

No abstract provided.

Generally Applicable Laws And The First Amendment, David S. Bogen

Faculty Scholarship

No abstract provided.

Legal Process And Choice Of Law, William L. Reynolds

Faculty Scholarship

No abstract provided.

In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer

Faculty Scholarship

No abstract provided.

Judicial Lawmaking In A Code Jurisdiction: A French Saga On Certainty Of Price In Contract Law, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Halakhic Approaches To The Resolution Of Disputes Concerning The Disposition Of Preembryos, Irving A. Breitowitz

Faculty Scholarship

No abstract provided.

Law And The Political Economy Of Privatization In Sub-Saharan Africa, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.

Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Desperately Ducking Slavery: Dred Scott And Contemporary Constitutional Theory, Mark A. Graber

Faculty Scholarship

No abstract provided.

Vive No Différence, Martha M. Ertman

Faculty Scholarship

No abstract provided.

What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds

Faculty Scholarship

No abstract provided.

Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.