Law Commons^™

Negligent Samaritans Are No Good, George J. Annas

Faculty Scholarship

In the lead article attorney Miles Zaremski argues that ambiguities in good samaritan statutes have made them ineffective, and suggests that they be appropriately amended and clarified. This is one possible approach. However, after almost two decades of experimenting with this type of immunity legislation, an experiment which Zaremski seems to indicate has failed, it is worth considering at least two other alternatives: (I) repeal all good samaritan statutes; or (2) amend them to require health care professionals to stop and render emergency aid (the stated goal of good samaritan statutes).

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.

The Midstream Incorporation Of A Cash-Basis Taxpayer: An Update, Robert I. Keller

Faculty Scholarship

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Faculty Scholarship

No abstract provided.

One Year's Environmental Litigation: 1977-78, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Faculty Scholarship

No abstract provided.

Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Federal Courts & Federal Rights, Gordon G. Young

Faculty Scholarship

No abstract provided.

Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.

Disqualification Of An Attorney Representing Multiple Witnesses Before A Grand Jury: Legal Ethics And The Stonewall Defense, Nancy J. Moore

Faculty Scholarship

Prompted by the increasing recognition that certain economic and political conduct (such as consumer fraud, environmental pollution, and questionable campaign financing practices) has a profound effect on society, lawmakers have recently labelled as criminal "a whole range of political and business activities which, until recently, had been a more or less accepted part of American life."I Armed with both new statutes and a new aggressiveness in the enforcement of pre-existing statutes, 2 federal and state prosecutors have during the past ten years compiled an impressive record in the investigation and prosecution of white collar crime, organized crime and official corruption.3 …

Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park

Faculty Scholarship

"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle

Faculty Scholarship

It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …

Introduction To Cleary's Presuming And Pleading: An Essay On Juristic Immaturity, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang

Faculty Scholarship

No abstract provided.

Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Letter To Hon. John H. Shenefield, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

The Impact Of The Texas Medical Liability And Insurance Improvement Act On Informed Consent Recovery In Medical Malpractice Litigation, Frank W. Elliott

Faculty Scholarship

This article describes changes to the Texas Medical Liability and Insurance Improvement Act.

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

Faculty Scholarship

This article examines the jurisdictional problems that might arise when a plaintiff attempts to enforce a foreign judgment in France against a French national or domicilary. The statement of a hypothetical case is followed by a description and analysis of the substantive French Law, as well as the recently enacted EEC Convention on the Enforcement of Judgments. The application of these legal principles to the facts of the hypothetical case demonstrates unequivocally the unbending nationalistic orientation of the jurisprudence: French courts have construed the relevant Code provisions to grant them exclusive jurisdiction to hear matters involving French nationals or domicilaries. …

Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman

Faculty Scholarship

Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Faculty Scholarship

This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …

Balzacian Legality, Thomas E. Carbonneau

Faculty Scholarship

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.

Balzac's work …

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Scholarship

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An Assessment Of The Use Of Cost-Benefit Analysis In Regulatory Agency Decision Making, Michael S. Baram

Faculty Scholarship

CONSIDERABLE dissatisfaction has been expressed with the process and results of regulatory agency decision making. Recommendations have been made that the Federal agencies employ rational, "balancing" approaches such as cost-benefit analysis in conducting their standard setting and adjudicatory functions.

This paper examines some current uses of cost-benefit analysis by several agencies in their decision-making processes, and identifies and discusses apparent limitations.

Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas

Faculty Scholarship

One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …