Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

1998

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 12721 - 12750 of 14752

Full-Text Articles in Entire DC Network

Erisa Plan Changes, Daniel M. Nimtz Jan 1998

Erisa Plan Changes, Daniel M. Nimtz

Denver Law Review

No abstract provided.


Federal Indian Law, Timothy M. Reynolds Jan 1998

Federal Indian Law, Timothy M. Reynolds

Denver Law Review

No abstract provided.


Securities, Gian Maurelli Jan 1998

Securities, Gian Maurelli

Denver Law Review

No abstract provided.


Vol. 75, No. 3: Full Issue, Denver University Law Review Jan 1998

Vol. 75, No. 3: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.


What's So Special About Special Rights?, Karen Engle Jan 1998

What's So Special About Special Rights?, Karen Engle

Denver Law Review

No abstract provided.


Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain Jan 1998

Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain

Denver Law Review

No abstract provided.


On The Nature Of Wildness: Exploring What Wilderness Really Protects, Gregory H. Aplet Jan 1998

On The Nature Of Wildness: Exploring What Wilderness Really Protects, Gregory H. Aplet

Denver Law Review

No abstract provided.


Wilderness In Context, Robert L. Glicksman, George Cameron Coggins Jan 1998

Wilderness In Context, Robert L. Glicksman, George Cameron Coggins

Denver Law Review

No abstract provided.


Preseving An Enduring Wilderness: Challenges And Threats To The National Wilderness Preservation System, George Nickas Jan 1998

Preseving An Enduring Wilderness: Challenges And Threats To The National Wilderness Preservation System, George Nickas

Denver Law Review

No abstract provided.


The Economic Benefits Of Wilderness: Theory And Practice, Pete Morton Jan 1998

The Economic Benefits Of Wilderness: Theory And Practice, Pete Morton

Denver Law Review

No abstract provided.


Defining Wilderness: From Mccloskey To Legislative, Administrative And Judicial Paradigms, Matthew J. Ochs Jan 1998

Defining Wilderness: From Mccloskey To Legislative, Administrative And Judicial Paradigms, Matthew J. Ochs

Denver Law Review

No abstract provided.


Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider Jan 1998

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Public Interest Law Review

One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.


When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler Jan 1998

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Public Interest Law Review

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …


Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti Jan 1998

Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti

Richmond Public Interest Law Review

At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …


Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce Jan 1998

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Public Interest Law Review

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …


Complexities In Biomedical Decision Making, George P. Smith Ii Jan 1998

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Public Interest Law Review

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …


Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina Jan 1998

Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina

Richmond Public Interest Law Review

The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …


Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss Jan 1998

Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss

Richmond Public Interest Law Review

The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …


Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson Jan 1998

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Public Interest Law Review

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.


The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong Jan 1998

The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong

Richmond Public Interest Law Review

Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …


Are We Ready For Mediation In Cyberspace?, Joel B. Eisen Jan 1998

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen

Law Faculty Publications

In Part I, I provide a brief model of a hypothetical multiparty environmental mediation proceeding. I describe limits on environmental mediation common to both the online and offline settings, and provide a model for analysis of the hypothetical proceeding. In Parts II and III, I consider limits on online mediation's potential that derive from the electronic character of the proceeding. In Part II, I discuss challenges for online mediation and conclude that such mediation, particularly complex proceedings such as environmental disputes, should be deferred for the time being. In Part III, I discuss additional concerns about the flow of communication …


Symposium Introduction, Peter N. Swisher Jan 1998

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.


National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein Jan 1998

National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein

Law Faculty Publications

In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …


State Laws Limiting Liability For Noneconomic Damages: How Courts Have Dealt With The Related Legal And Medical Issues In Asbestos Personal Injury Cases, M. King Hill Iii, Katherine D. Williams Jan 1998

State Laws Limiting Liability For Noneconomic Damages: How Courts Have Dealt With The Related Legal And Medical Issues In Asbestos Personal Injury Cases, M. King Hill Iii, Katherine D. Williams

University of Baltimore Law Review

No abstract provided.


Masthead, Volume 8 Issue 1 (1998) Jan 1998

Masthead, Volume 8 Issue 1 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 1998

Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar Jan 1998

Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 8 Issue 2 (1998) Jan 1998

Masthead, Volume 8 Issue 2 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala Jan 1998

Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament Jan 1998

Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament

Health Matrix: The Journal of Law-Medicine

No abstract provided.