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Articles 1 - 5 of 5
Full-Text Articles in Law
Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes
Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes
University of Richmond Law Review
This article examines the nature of scientific creationism and its educational value. Creation scientists and evolutionists study the origins of life, but their disagreements produce controversies that radiate far beyond the scientific community. Controversies about the content of science courses in public schools are widely reported in the press and have become political footballs. The debates between Clarence Darrow and William Jennings Bryan, and their contemporary counterparts, are the themes of motion pictures and plays. There is enormous public interest in the battle that is portrayed by combatants on both sides as a fight involving not only academic freedom but …
Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge
Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge
University of Richmond Law Review
In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.
Unborn Child: Can You Be Protected?, Heather M. White
Unborn Child: Can You Be Protected?, Heather M. White
University of Richmond Law Review
Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
University of Richmond Law Review
In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.
Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.
Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.
University of Richmond Law Review
The recent eleventh amendment decisions of Welch v. Texas Department of Highways & Public Transportation and Atascadero State Hospital v. Scanlon suggest that the eleventh amendment can affirmatively limit Congress's commerce clause power. However, Garcia v. San Antonio Metropolitan Transit Authority broadly overrules the tenth amendment case of National League of Cities v. Usery, and appears to remove any theoretical foundation for such a limit. Professor Brown, a recent convert to the "congressional supremacist" view, established by Professors Nowak and Tribe, argues that in the aftermath of Garcia all the states have left is "process with a bite, despite any …