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Articles 1 - 24 of 24
Full-Text Articles in Law
The Pope's Rich Bag Of Diversity For Families, John G. Culhane
The Pope's Rich Bag Of Diversity For Families, John G. Culhane
John G. Culhane
No abstract provided.
Lawmakers Increasingly Undermining Roe V. Wade, Erin Daly, John G. Culhane
Lawmakers Increasingly Undermining Roe V. Wade, Erin Daly, John G. Culhane
John G. Culhane
No abstract provided.
Toward A Mature Doctrine Of Informed Consent: Lessons From A Comparative Law Analysis, John G. Culhane, King-Jean Wu, Oluyomi Faparusi, Eric J. Juray
Toward A Mature Doctrine Of Informed Consent: Lessons From A Comparative Law Analysis, John G. Culhane, King-Jean Wu, Oluyomi Faparusi, Eric J. Juray
John G. Culhane
This article undertakes a comparative, critical evaluation of the law of informed consent as it has developed in several nations (the U.S., Taiwan, Britain, and Canada) over the past several decades. It argues for extending the doctrine to cover all cases in which physicians and their patients discuss appropriate care (including prescription drugs), and presents a modified subjective approach to causation, based on the Canadian approach, as the model most consistent with the fundamental tenets of the doctrine.
Welcome, John G. Culhane
The Short, Puzzling(?) Life Of The Civil Union, John G. Culhane
The Short, Puzzling(?) Life Of The Civil Union, John G. Culhane
John G. Culhane
In the battle for marriage equality, equal protection has proven to be a more successful strategy than fundamental rights. This outcome is perhaps surprising, given that civil unions arguably afford at least "formal" equality to same-sex couples. Yet the supreme courts of Connecticut and California have emphasized the denial of equality that the difference in names connotes - civil unions or domestic partnerships v. marriage - and therefore have moved dramatically towards real equality. These two courts were the first to declare that sexual orientation is a suspect (California) or quasi-suspect (Connecticut) classification, thereby radically changing the debate and the …
The Health Law Institute: New Initiatives Focusing On The Legal Side Of Public Health, John Culhane
The Health Law Institute: New Initiatives Focusing On The Legal Side Of Public Health, John Culhane
John G. Culhane
No abstract provided.
Legal Treatment, John Culhane
Legal Treatment, John Culhane
John G. Culhane
The recent TB traveler case illustrates the confusion that exists among regulators, health officials and government agencies over who is ultimately responsible for public health.
Lawrence-Ium: The Densest Known Substance, John Culhane
Lawrence-Ium: The Densest Known Substance, John Culhane
John G. Culhane
No abstract provided.
Writing On, Around, And Through Lawrence V. Texas, John G. Culhane
Writing On, Around, And Through Lawrence V. Texas, John G. Culhane
John G. Culhane
No abstract provided.
Bad Science, Worse Policy: The Exclusion Of Gay Males From Donor Pools, John G. Culhane
Bad Science, Worse Policy: The Exclusion Of Gay Males From Donor Pools, John G. Culhane
John G. Culhane
No abstract provided.
Sex, Fear, And Public Health Policy (Reviewing Gay Bathhouses And Public Health Policy, Wm. J. Woods & Diane Binson Eds. (2003), John G. Culhane
Sex, Fear, And Public Health Policy (Reviewing Gay Bathhouses And Public Health Policy, Wm. J. Woods & Diane Binson Eds. (2003), John G. Culhane
John G. Culhane
No abstract provided.
The Heterosexual Agenda, In The Right To Marry: Making The Case To Go Forward Symposium, John G. Culhane
The Heterosexual Agenda, In The Right To Marry: Making The Case To Go Forward Symposium, John G. Culhane
John G. Culhane
No abstract provided.
Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen
Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen
John G. Culhane
No abstract provided.
Tort, Compensation, And Two Kinds Of Justice, John G. Culhane
Tort, Compensation, And Two Kinds Of Justice, John G. Culhane
John G. Culhane
Following the horrific terrorist attacks of September 11, 2001, Congress moved swiftly to pass legislation that both protected potential tort defendants against crushing liability and created a fund to compensate those killed or injured by the terrorists. Although the Victim Compensation Fund does not provide the full recovery that a plaintiff might gain through a tort suit, it nonetheless reflects a tort law bent by allowing recovery of full economic loss.
This Article argues that the Fund confuses two kinds of justice. Corrective justice (herein, tort law) is concerned with repairing an inequality between parties that wrongful conduct has created. …
Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane
Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane
John G. Culhane
Developing nations face many of the same barriers to the effective prevention and treatment of HIV/AIDS as the developed nations. The article examines successful and unsuccessful approaches to prevention in the United States, and compares these to the obstacles faced by those attempting to deal with the HIV/AIDS pandemic in other nations. It suggests ways of addressing deeply rooted obstacles such as the treatment of women and racial and sexual minorities. A complex web of approaches that draws on international, national, and local laws and government, as well as the participation of community groups, stands the only chance of substantially …
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
John G. Culhane
No abstract provided.
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
John G. Culhane
No abstract provided.
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
John G. Culhane
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …
Uprooting The Arguments Against Same-Sex Marriages, John Culhane
Uprooting The Arguments Against Same-Sex Marriages, John Culhane
John G. Culhane
No abstract provided.
Book Review, Reviewing Robert Wintemute, Sexual Orientation And Human Rights: The United States Constitution, The European Convention, And The Canadian Charter (1995), John Culhane
John G. Culhane
No abstract provided.
The Emperor Has No Causation: Exposing A Judicial Misconstruction Of Science, John Culhane
The Emperor Has No Causation: Exposing A Judicial Misconstruction Of Science, John Culhane
John G. Culhane
No abstract provided.
The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane
The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane
John G. Culhane
No abstract provided.
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
John G. Culhane
No abstract provided.
Spielberg Reconsidered─Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
Spielberg Reconsidered─Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
John G. Culhane
No abstract provided.