Law Commons^™

Sovereign Immunity In A Constitutional Government: The Federal Employment Discrimination Cases, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Very early in our history we took steps to insure that the.rule of law, as expressed in the Constitution, would prevail over the mortals who run our government. Yet even as the concepts of rule of law and judicial review came into ascendancy, we also harbored the sovereign immunity doctrine as a restraint on judicial power and as an apparent repudiation of the rule of law.

The inherent antagonism between the rule of law and the sovereign immunity doctrine has produced much mischief in our courts...this Article will argue that the sovereign immunity doctrine is not anticonstitutional, but rather reflects …

Toward Meaningful Protection Of Worker Health And Safety, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

In the annals of job health and safety, 1974 was a signal year. It produced an epidemic of occupational liver cancer associated with vinyl chloride disclosure of a plan to soft-pedal federal regulation of industrial hazards in return for contributions to the 1972 Nixon reelection campaign, and the publication of a brace of exposes decrying the human toll taken by workplace perils. These events furnish hard evidence that the bright hopes raised by passage of the landmark Occupational Safety and Health Act of 1970 remain far from fulfillment.

In the search for reasons for this ostensible failure, two books present …

Intervention Between Parent And Child: A Reappraisal Of The State’S Role In Child Neglect And Abuse Cases, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Once a court agrees that it has sufficient cause to assume jurisdiction in order to protect a child, there is a high probability that the child will be separated from his family for months or years, or permanently. Despite the disruptive impact this process obviously can have on children and their families, at present there is little consensus about when a court should find that a particular child is neglected or abused. And just as there is little agreement on when intervention in a particular family is justified, there is little agreement about what forms of intervention are constructive.

Freedom Of Expression And The Mentally Disordered: Philosophical And Constitutional Perspectives, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Mental illness is usually described as an impaired ability to communicate effectively. Yet the societal response--both historically and under modem psychiatric practice--has been to retard, rather than encourage, the acquisition of linguistic skills. This impediment to normal social intercourse leaves individual interests in free expression ineffectuated; it concerns the legal profession because the government condones and enforces the restriction of first amendment rights in a potentially large segment of the population. This article examines the philosophical justification for free communication for the mentally handicapped. It further suggests a systematic application of the first amendment to the particular problems of the …