Digital Commons Network^™

The Continued Existence And Benefit Of Medicine's Autonomous Law In Today's Health Care System, Ken Marcus Gatter

University of Dayton Law Review

No abstract provided.

The Loss Of Chance Doctrine: Legal Recovery For Patients On The Edge Of Survival, Michelle L. Truckor

University of Dayton Law Review

No abstract provided.

Volume 9 Issue 2 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Who Leads At Halftime?: Three Conflicting Visions Of Internet Privacy Policy, Karl D. Belgum

Richmond Journal of Law & Technology

Concern about privacy on the Internet runs high, but the prescriptions for treatment vary widely. Privacy advocates seek different goals when formulating policy proposals. Some seek to protect individuals and society from the effects of loss of privacy, including the loss of human dignity. Others seek to encourage the development of online markets in personal information, so that consumers can profit from their own information, rather than giving it away. Still, others seek primarily to promote the growth of e-commerce, and see privacy fears as a threat to that goal. These goals are fundamentally inconsistent, and that inconsistency is obscured …

Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly

Richmond Journal of Law & Technology

In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …

Leaving A Legacy On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 campaign for the presidency, then Governor Bill Clinton promised to appoint judges who would increase balance on the federal courts, would be intelligent, would possess appropriate judicial temperament, and would be committed to enforcing fundamental constitutional rights. The record compiled during the first Clinton Administration demonstrates that the Chief Executive fulfilled his campaign pledges by choosing judges who more closely reflected American society and who were well qualified. President Clinton named an unprecedented number and percentage of highly competent women and minorities to the federal courts; however, in the second two years of his first term in …

Regulation Of Dietary Supplements: Five Years Of Dshea, Laura A.W. Khatcheressian

Law Faculty Publications

On October 25, 1994, President Clinton signed into law the Dietary Supplement Health and Education Act (DSHEA),2 passed unanimously by both houses of Congress. This law radically changed the regulatory landscape for the sale and labeling of dietary supplements, restricting the Food and Drug Administration's (FDA's) authority in certain ways, and encouraging the sale of dietary supplements, including vitamins, minerals, herbs, botanicals, and amino acids.

This article examines DSHEA and discusses current FDA attempts to regulate dietary supplements. Part II provides a brief background and discusses FDA's concerns and attitude toward dietary supplements before the passage of DSHEA. Part III …

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

Law Faculty Publications

Since the last report on developments in Virginia's law of administrative procedure,' both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types of licensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.

Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

Potential Associations Among Genetic Markers In The Serotonergic System And The Antisocial Alcoholism Subtype, E. M. Hill, S. F. Stoltenberg, M. Burmeister, M. Closser, R. A. Zucker

Department of Psychology: Faculty Publications

Alcoholism is transmitted in families. The complexity and heterogeneity of this disorder has made it difficult to identify specific genetic correlates. One design with the potential to do so is the family-based association study, in which the frequencies of genetic polymorphisms are compared between affected and nonaffected members. Reduced central serotonin neurotransmission is associated with features of an antisocial subtype of alcoholism, although a primary deficit has not been traced to a particular component. Genetic markers related to the serotonergic system have been identified, located, and cloned. If associations can be discovered, the development process for pharmacotherapy could be facilitated. …

New Wine Into Old Bottles: Updating Legal Forms To Reflect Changing Employment Norms, Judy Fudge

Articles & Book Chapters

No abstract provided.

Democracy And The New Constitutionalism In Israel, Michael Mandel

Articles & Book Chapters

No abstract provided.

Cognitive-Behavioral Group Therapy Versus Phenelzine In Social Phobia: Long-Term Outcome, Michael R. Liebowitz, Richard G. Heimberg, Franklin R. Schneier, Debra A. Hope, Sharon Davies, Craig S. Holt, Deborah Goetz, Harlan R. Juster, Shu-Hsing Lin, Monroe A. Bruch, Randall D. Marshall, Donald F. Klein

Department of Psychology: Faculty Publications

To evaluate the effects of maintenance treatment and durability of gains after treatment discontinuation, responders to either phenelzine (PZ) or cognitive-behavioral group therapy (CBGT) from an acute trial comparing these two treatments as well as pill placebo and a psychotherapy control (educational supportive group therapy) were enrolled into maintenance and treatment-free follow-up phases. Experimental design: Responders to an acute trial contrasting PZ and CBGT entered a six-month maintenance phase. Patients who continued to respond through the maintenance phase entered a six-month treatment-free phase. Patients receiving pill placebo or educational supportive group therapy in the acute trial did not enter the …

Beyond Backyard Environmentalism, Archon Fung, Charles F. Sabel, Bradley C. Karkkainen

Faculty Scholarship

From California habitats to Massachusetts toxics, the United States is in the midst of a fundamental reorientation of its environmental regulation, one that is as improbable as it is unremarked Minimally, the new forms of regulation promise to improve the quality of our environment At a maximum, they suggest a novel form of democracy that combines the virtues oflocalism and decentraliz.ation with the discipline of national coordination.

In substance and spirit, this new approach to regulation grows out of the tradition of backyard environmentalism. For two decades, residents of Woburn, Love Canal, and countless other communities across the country have …

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

Delegation And Democracy: A Reply To My Critics, David Schoenbrod

Cardozo Law Review

No abstract provided.

Delegation And Democracy: Comments On David Schoenbrod, Peter H. Schuck

Cardozo Law Review

No abstract provided.

Structures And Terms Of Consent: Delegation, Discretion, Separation Of Powers, Representation, Participation, Accountability?, Hans A. Linde

Cardozo Law Review

No abstract provided.

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.

A Progression Toward Freedom: Protecting The Disabled Under The Ku Klux Klan Act, Gabriella A. Davi

Cardozo Law Review

No abstract provided.

Asb Meeting Minutes, 1999, April 14;Auditing Standards Board Draft Highlights, 1999, April 14, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Iic 99-1, Supplement No. 1 In June 1999, The Iic Decided Not To Add This Project To Its Agenda: "Non-Diversified Mutual Funds": Under What Circumstances Do They Qualify As "Indirect" Financial Interests?, Independence Standards Board. Independence Issues Committee

Association Sections, Divisions, Boards, Teams

No abstract provided.

Deception In Interpersonal Settings: The Relationship Between The Content Of An Excuse And Its Recipient, Vera Margaret Trefry

UNF Graduate Theses and Dissertations

A correlational study investigated the nature of excuses, including the relationship of excuse complexity, uniqueness, frequency, and success to the level of knowledge the recipient has about the excuse giver. Analysis of results from responses of 121 participants to questionnaires describing excuses to employers, teachers, parents, and spouse/boy/girlfriends found that the complexity and uniqueness of excuses vary positively with the knowledge level of the recipient, but only when an unequal power relationship exists between the recipient and the excuse giver. Excuses to recipients with a low personal knowledge level of the excuse giver, such as employers or teachers, tended to …

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.

An Understanding Of Selected Familial Dynamics As They Relate To The Prevention Of Substance Use Among Youth From St. Martin, Vincent A. David

Dissertations

Problem. Various studies examined the relationship between youth, drug use, and the role that families play in influencing such use. Thus, it is evident that youth use drugs, and thereasons for their drug use vary widely. However, there have not been widespread research done on the youth who do not use drugs, particularly from a family perspective. Also, no research study has been known to be conducted on St. Martin of such nature.

Purpose. This study sought to gain an understanding on how selected familial dynamics functioned within three families in deterring their youth from becoming involved in …

Free Trade And The Environment: The Nafta, The Naaec, And Implications For The Future, Tseming Yang, Ignacia S. Moreno, James W. Rubin, Russell F. Smith Iii

Faculty Publications

No abstract provided.

Mothers And Doctors' Orders: Unmasking The Doctor's Fiduciary Role In Maternal-Fetal Conflicts, Michelle Oberman

Faculty Publications

This article reframes the contemporary legal and ethical debates generated by pregnant women who resist medical advice. Presently known as "maternal-fetal conflicts," these dilemmas arise in contexts ranging from religious refusals of blood transfusions to cocaine addiction. The vast literature discussing these conflicts focuses entirely on the competing rights of mothers and fetuses, and overwhelmingly concludes that the mother's rights prevail. Entirely absent from this analysis is one of the primary parties to these conflicts - the doctor. As a result, the doctor's role in generating these conflicts is eclipsed, and one scarcely notices that these scenarios all are linked …