Digital Commons Network^™

Do Doctors Have A Constitutional Right To Violate Their Patient's Privacy: Ohio's Physician Disclosure Tort And The First Amendment, Michael Frankel

Villanova Law Review (1956 - )

No abstract provided.

Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway

Other Publications

In approaching the task of recommending how to structure a Directive on common minimum standards for the recognition ofrefugee status in the Member States of the European Union, I have struggled to avoid two extremes. On the one hand, my recommendations might simply have reflected a search for the common denominator of relevant practice. The risk of this sort of analysis is, of course, that it clearly promotes a "race to the bottom," in which those States which presently fully implement their international obligations are encouraged to reduce the standard of protection. The alternative extreme would have been to define …

Responsible Regulation: A Sensible Cost-Benefit, Risk Versus Risk Approach To Federal Health And Safety Regulation, Steve Calandrillo

Articles

Federal health and safety regulations have saved or improved the lives of thousands of Americans, but protecting our citizens from risk entails significant costs. In a world of limited resources, we must spend our regulatory dollars responsibly in order to do the most we can with the money we have. Given the infeasibility of creating a risk-free society, this paper argues that a sensible cost-benefit, risk versus risk approach be taken in the design of U.S. regulatory oversight policy. The goal should always be to further the best interests of the nation, rather than to satisfy the narrow agenda of …

Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey

St. Mary's Law Journal

Abstract Forthcoming.

Westerner, 2001-2005, Western New England College

Student Newspapers

The official student newspaper of Western New England College

Cupola, 2001, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges

Law Faculty Publications

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

Using Competition For Performance Improvement : A Resource For Practitioners Advising Governments And Not-For-Profits, Michael A. Crawford

Guides, Handbooks and Manuals

No abstract provided.

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

Native Americans Anthropologists And Nagpra: A Continuing Controversy, Christine C. Baker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.

The Campus Crime And Security Report, V. 5 (Fall 2000), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Balancing The Scales Of Justice: How Will Vasquez V. State Affect Vehicle Searching Incedent To Arrest In Wyoming, Kenneth Decock, Erin Mercer

Wyoming Law Review

No abstract provided.

Bob Jonesing Baden-Powell: Fighting The Boy Scouts Of America's Discriminatory Practices By Revoking Its State-Level Tax-Exempt Status, Russell J. Upton

American University Law Review

No abstract provided.

Usd Magazine Winter 2001 16.2, University Of San Diego

University of San Diego Magazine (1992- )

Features; Alcala Almanac; Empowering Mexico's Women; Patriot Games; Hidden Assets; The Preacher; The Teacher; Alumni Gallery; Calendar

Bulletin Of The University Of San Diego Graduate Division 2001-2003, University Of San Diego

Graduate Course Catalogs (1971-)

154 pages : illustrations, photographs ; 27.5 cm

2001-2002 Just The Facts, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Alcalá 2001

University of San Diego Yearbooks (1968-2010)

No abstract provided.

Limitations On The Consumer's Right To Know: Settling The Debate Over Labeling Of Genetically Modified Foods In The United States

San Diego Law Review

Following this introduction, Part II of this Comment begins by providing some background to the scientific and regulatory nature of the GM food debate.26 Due to the dispute that is likely to center around the FDA's recent decision, Part El of this Comment addresses the precedent that supports the FDA's actions and demonstrates that the FDA has acted appropriately under the circumstances. Part IV adopts and applies a balancing approach designed to evaluate whether mandatory labeling initiatives are appropriate to protect the consumer's right to know. When weighing the rights of the food suppliers (i.e., those that would be burdened …

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards

Georgia Law Review

People in the United States and the developed world are living longer than ever before. While gains in the average life expectancy have been modest, these gains greatly underestimate the growth of the elderly population. Most of this elderly population is healthier and more active in everyday life than people of comparable age in decades past. The amelioration of many of the diseases of age has accentuated the problems of the chronic diseases for which there are no effective treatments. Perhaps the most devastating of these is Alzheimer's disease, a progressive dementia leading to incapacity and death. As discussed in …

The New Social Discipline : A Critical Analysis Of Federal Drug-Free Workplace Legislation And Employee Drug Testing, Matthew T. Lammers

Dissertations and Theses @ UNI

In this research I contend that the arguments for drug-free workplaces are framed within a narrative of science that lends authenticity to the recurring themes that drug testing promotes the health, safety, and productivity of the American workforce. The sense of authenticity effectively delimits the discourse of drug testing and presents the complexities of drug abuse in binary oppositions that contribute to normalizing the behavior of all individuals, not just those who abuse drugs. I suggest that the process of normalization reproduces the delimitation of discourse and provides justifications for introducing drug testing into areas of society beyond the walls …

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

Identifying The Probability Of An Accident Occurring With Suspected Unapproved Parts As A Contributing Factor, Brett J. Baker

Journal of Aviation/Aerospace Education & Research

The purpose of this study was to determine if aircraft accidents and incidents, which involve Suspected Unapproved Parts (SUPs), are a major threat to aviation safety. In order to make this determination, the study sought to establish the probability of such an event occurring. The Federal Aviation Administration's Office of System Safety provided general aviation accident and incident data for the period spanning 1987 to 1999. In an attempt to provide the most accurate results, the full sub-population was studied, and subsequently analyzed using descriptive statistics. SUPs were found to contribute to 0.008225 mishaps every 100,000 flight hours, approximately 1,928 …

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2001-2002 academic year. The Faculty Handbook is https://digitalcommons.georgiasouthern.edu/faculty-senate-index/650/" target="_blank">published online by the Office of the Vice President for Academic Affairs and archived by the University Libraries in Georgia Southern Commons.

Cooley Innocence Project Kick-Off, Barry Scheck

Articles

The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld

Articles

The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.

Richardson V. Reno: What Is The Proper Application Of The Illegal Immigration Reform And Immigrant Responsibility Act To Criminal Aliens?

San Diego Law Review

This Casenote questions the Richardson court's holding. Specifically, this Casenote argues that precluding all judicial review, including habeas corpus review, for criminal aliens held removable by the INS violates the Suspension Clause of the United States Constitution. Further, to interpret IIRIRA as eliminating the availability of habeas corpus relief in these circumstances calls into question the constitutionality of the statute due to constitutional limits on Congress's power to control the jurisdiction of Article III courts.

Taxing Income From Mailing List And Affinity Card Arrangements: A Proposal, Kevin M. Yamamoto

San Diego Law Review

The courts' and the Internal Revenue Code ("Code")2 presently treat

income received by a tax-exempt organization for affinity card programs' and mailing list rentals4 similarly; neither type of income is subject to taxation.5 This Article asserts that equal treatment should not be the case. Because donors have not consented to sell their personal information, the exception for royalty income from the unrelated business income tax ("UBIT") should not permit the tax-free rental of a nonprofit organization's mailing list. Affinity card income, on the other hand, should continue to be nontaxable since any income received from these programs comes from the …

Which Public, Whose Interest? The Fcc, The Public Interest, And Low-Power Radio

San Diego Law Review

Faced with legal challenges8 and, in 1998 alone, over 13,000 inquiries from people and groups interested in starting low-power stations, the government relented, and in January 2000, completed a process creating a new low-power FM (LPFM) service.9 In the space of two years, the FCC had gone from raiding and shutting down microradio stations to inviting applications for low-power broadcast licenses. Such a dramatic shift in policy could only come about through a reinterpretation of the public interest standard. Part III of this Comment continues by analyzing

the concept of the public interest that underlies the new LPFM service and …

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection Yong Pung How School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.