Digital Commons Network^™

Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely

University of Richmond Law Review

The health care industry continued its dynamic course in late 1991 and early 1992. Feeding the frenzy of activity were the Virginia General Assembly and the judiciary. This article focuses on key legislative, regulatory, and judicial events of the past year, and examines their effect on health care in Virginia.

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg

University of Richmond Law Review

Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.

Annual Survey Of Virginia Law: Taxation, Thomas P. Rohman, Wendy B. Gayle

University of Richmond Law Review

This article covers legislative changes and judicial decisions affecting Virginia taxation from July, 1991 to July, 1992. Its purpose is to alert Virginia's tax and general practitioners to these developments.

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino

University of Richmond Law Review

It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.

Book Review: The Aspirin Wars: Money, Medicine, And 100 Years Of Rampant Competition, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The recent identification of a possible link between the long-term use of aspirin and a reduced incidence of colon and rectal cancer has directed renewed attention to a familiar household medication whose origins reach back to antiquity.

Competition from other painkillers had begun to cut deeply into the market once dominated by aspirin-based products when studies indicated the possibilities, first that the regular consumption of aspirin might prevent second heart attacks, and later that it might lower the risk of heart attacks in healthy individuals. If these two discoveries, as well as the new finding about colon and rectal cancers, …

Conflicting Visions: A Critique Of Ian Macneil’S Relational Theory Of Contract, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Perhaps the leading contemporary critic of placing consent at the center of contract law has been Ian Macneil. In his book The New Social Contract as well as in a series of complex and richly textured articles spanning nearly two decades, Macneil has eloquently presented and defended his now well-known relational theory of contract. It is a tribute to the important core of previously neglected truth in Macneil's theory that, for all its complexity, the theory can be summarized succinctly.

Macneil presents nothing less than a "holistic" "social theory" of human exchange--with particular emphasis on the human activity of "projecting …

The Sound Of Silence: Default Rules And Contractual Consent, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this article, the author challenges the received wisdom of "gap-filling in the absence of consent" by showing how the concept of default rules bolsters the theoretical importance of consent. He accomplishes this by expanding and refining his analysis of a "consent theory of contract." The author proposes that the concept of default rules reveals consent to be operating at two distinct levels of contract theory. First, the presence of consent to be legally bound is essential to justify the legal enforcement of any default rules. Second, nested within this overall consent to be legally bound, consent also operates to …

Some Problems With Contract As Promise, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The promise theory views the origin of contract in the making of a promise. This means that it views the creation of contracts as arising, in an important part, from the voluntary acts of promisors rather than from third parties like the State. In this regard, the theory facilitates the classical liberal value of freedom to contract. The promise theory also supports the notion that contracts should be interpreted according to the terms of the promise rather than by imposing terms on the parties. In this regard, the theory facilitates the classical liberal value of freedom from contract. These strengths …

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

Thurgood Marshall: Tax Lawyer, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

During his twenty-four years on the Supreme Court, Justice Thurgood Marshall wrote better opinions on the law of federal income taxation than any of his fellow Justices. This is, of course, a subjective appraisal which others may dispute. Nevertheless, from two decades of teaching federal income taxation, I am convinced of the quality of Marshall's work.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

Toward An International Standard Of Scientific Inquiry, George P. Smith Ii

Scholarly Articles

The late Professor Thomas Emerson, a great civil libertarian, cautioned in 1976 that one of the hard problems of the First Amendment would soon be acknowledged as the extent to which the state could recognize scientific research. As he observed sagely, "It is hard to predict where these issues will lead." This essay will explore the pathway where these issues are leading in contemporary society.

The Egypt-Palestine/Israel Boundary: 1841-1992, Thabit Abu-Rass

Dissertations and Theses @ UNI

In 1841, with the involvement of European powers, the Ottoman Empire distinguished by Firman territory subject to a Khedive of Egypt from that subject more directly to Istanbul. With British pressure in 1906, a more formal boundary was established between Egypt and Ottoman Palestine. This study focuses on these events and on the history from 1841 to the present. The study area includes the Sinai peninsula and extends from the Suez Canal in the west to what is today southern Israel from Ashqelon on the Mediterranean to the southern shore of the Dead Sea in the east. Both alterations in …

Towards The Integration Of Object-Oriented Constructs Within Structured Query Language (Sql), Paul Francis Rabuck

UNF Graduate Theses and Dissertations

This paper explores the possibility of coupling SQL with a semantic data model. For this study, the primary objective was to build a working prototype of a program that allows a database designer to define data objects and their respective interrelationships using the Object-oriented Semantic Association Model (OSAM*).

The prototype isolates from the designer the low level commands (i.e., CREATE TABLE, CREATE INDEX) which comprise the SQL data definition language (DOL). Once the objects are defined by the designer, the prototype generates the relational database table definitions without the designer having to directly use the SQL DOL.

The Illusion Of Consensus: English Teaching And The Uk National Curriculum, Louise Poulson

Language Arts Journal of Michigan

No abstract provided.

‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin

Scholarly Articles

This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …

A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin

Scholarly Articles

For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …

Effective Modes For Encouraging Faculty Involvement In Interdisciplinary Curriculum Development, Carol I. Lund

UNF Graduate Theses and Dissertations

The integration of vocational and academic classes is often recognized as an effective method to motivate students and involve them in career preparation. This is also a goal of the dropout prevention efforts of many school districts. In Baker County, Florida, as in other districts, teacher participation in integrative efforts is recognized as a crucial factor. This project examines curricula and instructional and leadership practices that led to the successful implementation of academic and vocational integration in a Florida middle school. The resultant success and modus operandi may be used as a model for encouraging faculty involvement in interdisciplinary curriculum …

The Labyrinth Of The Wind And The Artifice Of Eternity: A Study Of The Lyric Poetry Of William Butler Yeats, Danita Sain Stokes

UNF Graduate Theses and Dissertations

This study of the lyric poetry of William Butler Yeats concentrates on his ideas about nature and art, with a focus on the imagery of the wind. Though each of Yeats's poems may be read and enjoyed individually, a study of the body of Yeats's lyric poems gives the reader a better understanding of a symbol such as the wind. As a whole, the poems form a narrative of the development of Yeats's mind; by looking closely at the single symbol of the wind, we gain insight into the development of Yeats's ideas about art and nature. In Yeats's early …

Recent Developments In Osha Litigation, Marshall J. Breger

Scholarly Articles

After almost a year serving as the Solicitor of Labor, I can attest to the difficult challenges the Department of Labor will face and must overcome in the years ahead if it is to continue to be a dynamic and positive force in setting our Nation's labor policy. Indeed, I believe that current rulemaking and enforcement litigation on behalf of the Occupational Safety and Health Administration foreshadows significant issues the Department must resolve in the near future. This article focuses on two such OSH Act issues of current prominence: one, litigation challenges to OSHA rulemaking; and two, the use of …

Teaching Legal Research: Past And Present, Joyce Manna Janto

Law Faculty Publications

For years librarians have debated which procedures will most effectively instruct law students in the art of legal research. Ms. Janto and Ms. Harrison-Cox trace the history of these efforts and propose a model program for the teaching of legal research.

The Department Of Labor’S Glass Ceiling Initiative: A New Approach To An Old Problem, Marshall J. Breger

Scholarly Articles

The concept of a "glass ceiling" is not a new one. At the turn of the century, Marie Curie almost singlehandedly created the field of nuclear chemistry and forever changed the course of science and society. But even the ultimate scientific creativity award did not help her to crack the barrier of the science establishment. She received the Nobel Prize but was denied membership in the French Academie des Sciences because of her gender. It was only after her second Nobel Prize that the ali male Academie reluctantly admitted her to the club. The problem that I have with this …

Spirit Of The Land, Our Prairie Legacy

Leafy Spurge Database

No abstract provided.

Second Thoughts On Rust V. Sullivan And The First Amendment, William W. Van Alstyne

Faculty Publications

No abstract provided.

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Faculty Publications

No abstract provided.

Watergate Revisited, Fred Smoller

Political Science Faculty Articles and Research

This article focuses on the Watergate Scandal of 1972.

How To Advance Human-Rights Without Really Trying - An Analysis Of Nongovernmental Tribunals, Arthur Blaser

Political Science Faculty Articles and Research

The purpose of this analysis is fourfold: first, to trace the development of nongovernmental tribunal activity; second, to identify and describe organizations and individuals who exemplify the visionary spirit of the tribunals; third, to analyze the tribunals as quasi-legal proceedings; and fourth, to assess the tribunals' present and potential impact.