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Judicial Notice November 10th, 1986 V13 N3, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice October 6th, 1986 V13 N2, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice September 8th, 1986 V13 N1, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice April 14th, 1986 V12 N7, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice March 17th, 1986 V12 N6, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Rationing Health Care: The Ethics Of Medical Gatekeeping, Edmund D. Pellegrino

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Cryonic Suspension And The Law, George P. Smith Ii, Clare Hall

Scholarly Articles

Three central problems which adversely affect the intriguing use, development, and perfection of the cryonic suspension of individuals are analyzed: the extent to which a physician may be guilty of malpractice in assisting with a suspension - owing to present weaknesses in defining death and coordinate criminal liability attaching theretofor murder; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a cryon - or one undergoing suspension. To meet these difficulties, a partnership is proposed between law and medicine which would respond to challenges to this type of new …

The Thrust Of Legal Education At The Catholic University Of America, 1895-1954, C. Joseph Nuesse

Miscellaneous Historical Documents

If the conventional measure of a generation in family life could be applied in tracing the history of an academic institution, it would be easy to delimit the scope of this lecture as devoted to the first two generations of the law school of The Catholic University of America. To be precise, however, it must be clear that it is the period from 1895 to 1954 that is under review. These were not fifty-nine years of glorious achievement. On the contrary, during these years, as will become evident, the school was several times near dissolution. The bright spots in its …

Euthanasia In Australasia, K.M. Sharma

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Protection For The Disabled And Incompetent, Robert A. Destro

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

The Economics Of Insurance Classification: The Sound Of One Invisible Hand Clapping, Leah Wortham

Scholarly Articles

In an earlier article, I questioned the fairness of the status quo in insurance classification and its regulation and challenged the claim of insurers and most regulators that classification is a neutral, scientific process based on statistical differences. I also disputed the contention that refined classifications are encouraged or required by state law.

Here I turn to the validity of economic analyses of refined classification for the personal lines of insurance generally purchased by individuals: automobile, homeowner's, renter's, health, life, and disability insurance. My conclusions differ from much of what has appeared recently in writings on classification in law reviews …

Significant 1985 Regulation And Legislative Developments, David A. Lipton

Scholarly Articles

No abstract provided.

Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro

Scholarly Articles

The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary …

Equality, Social Welfare And Equal Protection, Robert A. Destro

Scholarly Articles

As my contribution to this forum, I thought I would try to make a few tentative distinctions concerning the various tasks judges and commentators seek to assign to the Equal Protection Clause. Approaching it from this perspective spares me the necessity of getting into what one of the earlier speakers described as the more Byzantine details of current equal protection doctrine. Such a discussion would inevitably lead to criticisms of the Judiciary and certain commentators, to comparisons between what some might call the "liberal" and "conservative" approaches, and to discussion concerning the needs of a changing and dynamic society.

Each …

Insurance Classification: Too Important To Be Left To The Actuaries, Leah Wortham

Scholarly Articles

This Article classifies most of the public debate about classification as coming from one of two perspectives labeled traditional fair discrimination and antidiscrimination. Proponents of the status quo in classification and its regulation justify that status quo as fair discrimination. They argue that fair discrimination is both desirable and a reflection of a long-standing public policy judgment embodied in state law. Part I finds the assertion that fair discrimination is fair wanting in theory and even more deficient in practice, and rejects the contention that state law reflects a requirement or even a judgment about the wisdom of this approach. …

The “Program Or Activity” Rule In Anti-Discrimination Law: A Comment On S.272, H.R.700, And S.431, John H. Garvey

Scholarly Articles

In 1984 the Supreme Court determined in Grove City College v. Bell that the antidiscrimination provisions of Title IX of the Education Amendments of 1972 were program-specific rather than institution-wide in application. In response, several legislative proposals designed to mitigate or reverse the Grove City decision have been introduced in Congress. These proposals include the Civil Rights Restoration Act of 1985 (H.R. 700 and S. 431) and the Civil Rights Amendments Act of 1985 (S. 272). In this Article, Professor Garvey argues that institution-wide application of Title IX and similar antidiscrimination statutes would in many instances lead to results inconsistent …

Free Exercise And The Values Of Religious Liberty, John H. Garvey

Scholarly Articles

One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …

A Comment On Religious Convictions And Lawmaking, John H. Garvey

Scholarly Articles

No abstract provided.

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro

Scholarly Articles

Part I of this article will attempt to identify some of the basic legal issues in the debate over the rights of the disabled and aged to minimal health care and nourishment. Part II will argue that the practice of defining the rights of the person functionally, rather than as a matter of principle, is an old one which had largely been eliminated after the adoption of the Fourteenth Amendment, but that it is now resurgent in some quarters as a means to an end which would be impossible were the definition to be based on an explicit principle of …

Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro

Scholarly Articles

Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …

The Apa: An Administrative Conference Perspective, Marshall J. Breger

Scholarly Articles

An Administrative Conference perspective on the APA begins with the history of failed attempts to reform the APA. This does not mean that the APA's basic structure has not proved sound. For it has. Its weaknesses, if any, have been glossed over by judicial interpretation. Indeed, some of the reform bills may have attempted to do too much. Nevertheless, with the growth in the number of agencies, and the more adversarial atmosphere that attends today's regulated state, it is important that the APA remain a relevant document that permits application of innovation and fair and efficient procedure while serving as …

Administrative Law After Forty Years, Marshall J. Breger

Scholarly Articles

No abstract provided.