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The Problem Of Proxies With Interests Of Their Own: Toward A Better Theory Of Proxy Decisions, John Hardwig

Utah Law Review

Patient autonomy is the cornerstone of our medical ethics. Given this commitment to autonomy, proxy decisions will always strike us as problematic; it is always more difficult to ensure that the wishes of the patient are embodied in treatment decisions when someone else must speak for the patient. And proxy decisions are especially disturbing when we fear that the proxy's judgment is tainted by his own interests, so that the proxy is covertly requesting the treatment he wants the patient to have, rather than the treatment the patient would have wanted. This problem of interested proxies is exacerbated by the …

Bioethics And The Family. The Cautionary View From Family Law, Carl E. Schneider

Utah Law Review

This attempt to glean lessons for bioethics from family law has yielded no determinate answers or easy principles. I have suggested that family law has recently struggled to avoid the standards problems. Yet I have argued that each method of doing so is itself importantly flawed and sharply limited. I must confess that, if anything, this survey has been too pessimistic, that it has looked more assiduously for the drawbacks than the benefits of each approach. I should also say that my survey has confined itself to examining broad approaches, rather than seeking the surely valuable lessons to be learned …

The Roles Of The Family In Making Health Care Decisions For Incompetent Patients, Leslie P. Francis

Utah Law Review

This Article is about the roles of the family in making health care decisions for incompetent patients. It argues that complex moral reasons call for the participation of families in decision making for incompetents. However, these moral reasons do not support a single model of the family's role for all incompetents. Rather, they suggest important differences among the roles family members should play in decision making for different kinds of incompetent patients: formerly competent adults, never competent adults, or infants and children.

Medical Ethics And Family Affairs, Jay A. Jacobson

Utah Law Review

I will explore how doctors regard their patients' family members in the process of making medical decisions. Two ethical considerations would seem to define potential ethical problems as they pertain to family members. These are physicians' obligations or duties toward family members and physicians' obligations of confidentiality to their patients. I will discuss ways in which physicians are guided or not guided with regard to these concerns and also speculate on how they behave and what factors might influence that behavior. I will do so from both a normative and a descriptive approach.

Telling Medical Stories: Sharing Information Among Doctors, Patients, And Families, Martha Minow

Utah Law Review

Dr. Stephen Hoffiann, in telling the story of his own medical training, revealed an attitude that Dr. Katz would have preferred: "With a magnanimity that borders on the incredible, patients treat us to themselves-that is, if we're lucky enough to really hear them." I would like to consider the stories doctors, patients, and families tell to and about one another as part of an inquiry into the ethics of medical encounters. My most basic question asks how doctors should communicate technical and especially statistical information, and whether they be obliged to ensure that patients and their families understand that information. …

Utah's Statute Of Limitation Barring Minors From Bringing Medical Malpractice Actions: Riding Roughshod Over The Rights Of Minors?, Rob M. Alston

Utah Law Review

Since before statehood, Utah has placed children in a distinct position of legal disability, prohibiting them from personally bringing a cause of action before reaching the age of majority.' The purpose of according children this status as "minors" is not to deprive them of rights, but to safeguard their rights during a period in which they are viewed as immature, inexperienced, and unable to protect their rights independently.' Utah has always partially compensated for this disability by allowing a parent or guardian to act on behalf of a minor to bring a minor's claim in court. To safeguard the rights …

Barnard V. Utah State Bar And Public Access To Private Entities Which Carry Out Governmental Functions: Is This Bar A Private Club?, David B. Dellenbach

Utah Law Review

Barnard carves out a significant 'exception to the cases liberally allowing public access to state bar records. One might argue that in light of Daily GazetteY- Sadler, and Florida's recent move to an open disciplinary process," the Barnard decision represents a step backward to the era of secrecy. Barnard is not a throwback to the former era, however, because it represents a situation in which there was little public interest in access, yet a significant interest in privacy. Courts and legislatures should compel public access from state bars because they carry out governmentally-delegated functions, not merely because they hope to …

Johnson V. Morton Thiokol And Handbook Disclaimers: Allowing Employers To Have Their Cake And Eat It Too, Todd M. Shaughnessy

Utah Law Review

Utah recently joined the growing number ofjurisdictions that recognize limitations on employers' absolute right to terminate employees. This recognition signals a departure from the traditional rule that allowed an employer to terminate an employee for "no cause, good cause, or even cause morally wrong without fear of liability." In particular, the Utah Supreme Court recognized an implied contract exception to the employment-at-will rule. According to the implied contract exception, an employer's promissory representations, including those found in employee handbooks, may be used to limit the employer's absolute discretion to terminate an employment relationship.

Diversity!, Paul D. Carrington

Utah Law Review

Diversity! has become the nor de guerre of an aggressive movement among law students and teachers, and some other members of American academic institutions. Although miniature in the numbers it commands, the style of the movement threatens to harm relations and institutions. It promises benefits to few. Despite Diversity's proclaimed connection with the civil rights movement, its premises and aims conffict with those of that movement. This Article is written to encourage resistance among those who care about the law and the institutions of law teaching, and to encourage opposition by those who care about civil rights.

Kyrie Elaison: A Constitutional Amendment Is No Panacea For The Prayer In City Council Meeting Dilenma, Mark S. Kouris

Utah Law Review

The Establishment Clause of the United States Constitution is rich with history, and has been the continual subject of moral and legal interpretation. The standards used to interpret the Establishment Clause have changed and evolved over time. Yet, notwithstanding this constant metamorphosis, the clause has served well as the yardstick against which federal, state, and local statutes are measured. The Utah Constitution's counterpart to the Establishment Clause is article I, section 4. It, like the Establishment Clause, runs deep with history, but unlike the Establishment Clause, has not been the subject of significant judicial interpretation. Recently, however, this relatively untested …

Reconciliation Of Civil Rights And Civil Liberties After Rav. V. City Of St. Paul: Free Speech, Antiharassment Policies, Multicultural Education, And Political Correctness At Arizona State University, Charles R. Calleros

Utah Law Review

Much has been written in recent years about the rise in racial hostility on college campuses, about "hate speech" codes and educational measures adopted by many public universities in response to the hostilities, and about the issues of free speech and "political correctness" raised thereby. The debate is unlikely to be quieted by the United States Supreme Court's decision in R.AV. v. City of St. Paul, which raises new doubts about the constitutionality of a great many campus antiharassment policies. Some scholars have approached these issues painfully, reluctantly choosing between dearly held principles of equality and freedom of expression. In …

Index To Volume 1992, Editorial Board

Utah Law Review

No abstract provided.

Be No More Children: An Analysis Of Article I, Section 4 Of The Utah Constitution, Brad C. Smith

Utah Law Review

The basic concern of the drafters of the Utah Constitution, from the time Utah was settled up to the time the current constitution was drafted, was to secure the free exercise of religion. The concern was deliberate and essentially self-serving: the Mormons wanted to be free of federal authorities and the vigorous enforcement of federal anti-polygamy laws and to govern themselves according to their unique values. Establishment of religion, as currently understood, was never part of their program. Equality among religious denominations, refusal to establish an official state church, and a refusal to fund religious worship were secondary guarantees to …

Cryptocaryon Irritans Brown, 1951 (Ciliophora): Transmission And Immune Response In The Mullet Chelon Labrosus (Risso, 1826), Peter John Burgess

School of Biological and Marine Sciences Theses

A standardised procedure was established for the laboratory maintenance of C.irritans in thick-lipped mullet. Nine isolates of C.irritans were obtained of which eight were successfully established for up to 48 weeks. Studies on individual life cycle stages with regards to longevity, viability, and susceptibility to a chemotherapeutic agent, revealed the difficulties in eradicating the cysts. Transmission of the parasite both to and from the host correlated with darkness. High infection levels resulted in the death of host fish within five days following exposure to theronts. An acquired protective immune response developed in host mullet within 14 days after exposure to …

The Turkey-Wing Mussel, Arca Zebra : Aspects Of Its Ecology, Reproduction And Physiology In Bermudan Waters, Samia Christiane Sarkis

School of Biological and Marine Sciences Theses

Growth and reproductive potential of the turkey-wing mussel in Bermuda was assessed following field studies, the determination of nutrient storage sites and nutrient use during periods of reproduction, and seasonal fluctuations in the scope for growth index. Larval and post-larval development were also described and were typical of the family Arcidae. Furthermore, post-larval production, by controlled laboratory rearing, was suggested as a useful tool for enhancement of stocks for this species. Both preliminary field and laboratory studies indicated slow shell growth of the species throughout its life cycle. Temperature minima recorded during the winter months were suggested to have a …

Concert Recording 1992-10-26, Gart Morris, Kelley Crow, Eric Beechem, Rodney Cripps

Concert Recordings & Programs

Air and bourree / Johann Sebastian Bach -- Horn concerto no. 3. Romanze. Rondo / Wolfgang Amadeus Mozart -- Five Songs. Standchen. Minnelied. Vergebliches Standchen / Johannes Brahms -- Sonata for tuba and piano / Robert Sibbing;Wonderland duets / Raymond Luedeke

Alumni Quarterly - Issue No. 42, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Frank M. Coffin Lectureship Established
• Faculty News
• The Class of 1991
• Law School Hosts Forensic Child Psychiatry Workshop
• Annual Dinner

Alumni News

Alumni Quarterly - Issue No. 43, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Law School Names Board of Visitors
• Moot Court Team Wins National Competition
• Teaching Law at the United States Military Academy
• Alumni News

Alumni Quarterly - Issue No. 44, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• The Third Year Program Ethics and Class Action Suits
• Faculty News
• Commencement 1992
• Alumni News

Alumni Quarterly - Issue No. 45, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• First Coffin Lecture to Feature Speech by Joseph Rauh
• Faculty News
• Judge Frank M. Coffin: Two Perspectives
• Alumni News

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Case Western Reserve Journal of International Law

No abstract provided.

The Persian Gulf War Oil Spill: Reassessing The Law Of Environmental Protection And The Law Of Armed Conflict, Christopher C. Joyner, James T. Kirkhope

Case Western Reserve Journal of International Law

No abstract provided.

Analysis Of Iran-Iraq Bilateral Border Treaties, Joseph J. Cusimano

Case Western Reserve Journal of International Law

No abstract provided.

Hard Choices: American Oil Import Dependence And Oil Import Fees, Gregory M. Scanlon

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 24 Issue 1 (1992)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 24 Issue 1 (1992), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

The 1991 Constitutional Reform: Prospects For Democracy And The Rule Of Law In Colombia, Donald T. Fox, Anne Stetson

Case Western Reserve Journal of International Law

No abstract provided.

Implementation Of Human Rights As An International Concern: The Case Of Argentine General Suarez-Mason And Lessons For The World Community, Narj Gibney

Case Western Reserve Journal of International Law

No abstract provided.

Conscientious Objection And International Law: A Human Right, Marie-France Major

Case Western Reserve Journal of International Law

No abstract provided.

Guide To Researching International Human Rights Law, Steven C. Perkins

Case Western Reserve Journal of International Law

No abstract provided.