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Articles 14161 - 14190 of 14631

Full-Text Articles in Law

Mobile Homes?--Public And Private Controls, Robert L. Schwartz Jan 1983

Mobile Homes?--Public And Private Controls, Robert L. Schwartz

Faculty Scholarship

The mobile home of today is a far different creature than that from which it was bred. Changes in size, appearance, safety, convenience, and desirability as a place to live have caused the modem mobile home to bear little resemblance to its ancestors. Functioning as a permanently emplaced dwelling, the mobile home has come to be recognized as undeserving of the label "mobile." Other than by place of manufacture, mobile homes have become increasingly indistinguishable from conventional single family dwellings, raising the question of whether mobile homes can reasonably be restricted from areas reserved for single family dwellings. Land controls, …

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The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing Jan 1983

The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing

Faculty Articles

The political future may be difficult to predict with specificity, but surely the level of publicly-sponsored medical care for the poor will be severely reduced in the coming years, leaving millions of poor Americans to rely on the charitable capacity of the nation's health care providers-or simply to go without. What follows is an attempt to support this characterization of Medicaid and its political future. Section I of this article is a description of Medicaid, its structure prior to 1981, and the legal and political history of its development and implementation. In addition to providing the basis for understanding the …

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Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton Jan 1983

Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton

Seattle University Law Review

This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …

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Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.

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Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.

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Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.

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Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr Jan 1983

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

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Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.

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Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.

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Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines Jan 1983

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

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A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth Jan 1983

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …

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The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard Jan 1983

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.

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In Vitro Fertilization And Embryo Transfer: Medicolegal Aspects Of A New Technique To Create A Family, George J. Annas, Sherman Elias Jan 1983

In Vitro Fertilization And Embryo Transfer: Medicolegal Aspects Of A New Technique To Create A Family, George J. Annas, Sherman Elias

Faculty Scholarship

IVF and ET conjure up a variety of images, from "test tube babies" to Steven Spielberg's extraterrestrial. Indeed, it is sometimes difficult to separate science fiction from scientific reality. Nonetheless, the extracorporeal fertilization of a human egg followed by transfer to a human uterus and birth of a child, has been repeated in a number of countries around the world. In vitro fertilization (IVF) and embryo transfer (ET) are now reality.' Most of us applauded this new technology along with the parents of the resulting children. These infertile couples were able, with the help of IVF, to have their own …

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The Right To Refuse Treatment: A Model Act, George J. Annas Jan 1983

The Right To Refuse Treatment: A Model Act, George J. Annas

Faculty Scholarship

Although the right to refuse medical treatment is universally recognized as a fundamental principle of liberty, this right is not always honored. A refusal can be thwarted either because a patient is unable to competently communicate or because providers insist on continuing treatment. To help enhance the patient's right to refuse treatment, many states have enacted so-called "living will" or "natural death" statutes. We believe the time has come to move beyond these current legislative models, and we therefore propose a Model Act that clearly enunciates an individual's right to refuse treatment, does not limit its exercise to the terminally …

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Contemporary Social Historical Perspectives On Mental Health Reform, Lawrence O. Gostin Jan 1983

Contemporary Social Historical Perspectives On Mental Health Reform, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The argument presented in this article is that a new role has been developing in law which can and should be used as a strategy in the provision of services. It will be further argued that there is an important place for the law in setting limits on established psychiatric measures relating, for example, to compulsory admission and treatment, and even to particularly hazardous measures taken with the consent of the patient. The final role of law is to ensure the civil status of those who are the consumers of psychiatric services. One must accept the fact that pernicious legal …

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Developments, Curtis J. Berger, Francis J. Conte, Marcia L. Gienapp, Albert Brecht, Thomas Barton, Carl J. Schramm, James R. Devine, Robert L. Mennell Dec 1982

Developments, Curtis J. Berger, Francis J. Conte, Marcia L. Gienapp, Albert Brecht, Thomas Barton, Carl J. Schramm, James R. Devine, Robert L. Mennell

Journal of Legal Education

No abstract provided.

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The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii Dec 1982

The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr. Dec 1982

Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston Dec 1982

Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston

St. Mary's Law Journal

Abstract Forthcoming.

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Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava Dec 1982

Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava

St. Mary's Law Journal

Abstract Forthcoming.

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Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell Dec 1982

Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell

St. Mary's Law Journal

Abstract Forthcoming.

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Patient Access To Medical Records In Washington, James M. Madden Nov 1982

Patient Access To Medical Records In Washington, James M. Madden

Washington Law Review

Patients have traditionally had no right of access to their own medical records. Patients' access to their mental health records has been especially restricted. Recently, however, a number of jurisdictions have enacted legislation granting patients access to their medical and mental health records. In addition to this legislative trend, the Washington Supreme Court recently interpreted the state's Public Disclosure Act as creating a right of patient access to public hospital records. Part I of this Comment evaluates the desirability of allowing patients a general right of access to their medical and mental health records. While this Comment finds that there …

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Deducting The Cost Of Smoking Cessation Programs Under Internal Revenue Code Section 213, Michigan Law Review Nov 1982

Deducting The Cost Of Smoking Cessation Programs Under Internal Revenue Code Section 213, Michigan Law Review

Michigan Law Review

This Note argues that enrollment fees for a smoking cessation program should be classified as deductible medical expenses. Part I defends this conclusion without questioning the accepted interpretation of section 213(e). Recent medical evidence indicates that the nicotine addiction that cessation program patients seek to break is itself a disease. And even prior to the onset of more serious health consequences, sustained cigarette smoking significantly impairs the functioning of the lungs and heart. Under this analysis, enrollment fees should be deductible as expenses for the treatment of an existing disease or defect, and as "amounts paid . . . for …

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Close Your Eyes And Swallow: The Fda Deals A Severe Blow To Patients' Rights To Drug Information, Barbra A. Kavanaugh Oct 1982

Close Your Eyes And Swallow: The Fda Deals A Severe Blow To Patients' Rights To Drug Information, Barbra A. Kavanaugh

In the Public Interest

No abstract provided.

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Personhood And The Contraceptive Right, Joseph W. Rebone Oct 1982

Personhood And The Contraceptive Right, Joseph W. Rebone

Indiana Law Journal

No abstract provided.

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Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey Oct 1982

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

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West Virginia's Reimbursement Statute: The Hidden Costs Of Institutionalization, Samme L. Gee Sep 1982

West Virginia's Reimbursement Statute: The Hidden Costs Of Institutionalization, Samme L. Gee

West Virginia Law Review

"Fate makes our relatives... ", The treatment, care and maintenance received by the mentally ill and the mentally retarded in state hospitals do not fall into the traditional category of public welfare. Unlike other programs which assist the disadvantaged, most mental health laws impose a statutory duty on the recipient or his family to reimburse the state for all or part of the maintenance and treatment costs. West Virginia is among the jurisdictions which have adopted such laws. This state has statutory provisions5 which require reimbursement from the patient and designated family members. The amount the patient, or his family, …

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Abortion Funding Restrictions: State Constitutional Protections Exceed Federal Safeguards Sep 1982

Abortion Funding Restrictions: State Constitutional Protections Exceed Federal Safeguards

Washington and Lee Law Review

No abstract provided.

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The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight Sep 1982

The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

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Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger Sep 1982

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.

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