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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 Sep 2015

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 Jan 2013

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 Oct 2012

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 Dec 2010

Welcome, John G. Culhane

John G. Culhane

No abstract provided.


The Short, Puzzling(?) Life Of The Civil Union, John G. Culhane Dec 2008

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 Jan 2007

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 Jan 2007

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 Jan 2005

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 Jan 2005

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 Dec 2004

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 Dec 2004

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 Jan 2004

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 Jan 2004

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 Dec 2002

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 Dec 2001

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 Jan 2001

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 Dec 2000

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 Dec 2000

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 Jan 1999

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 Jan 1998

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 Jan 1997

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 Dec 1994

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 Dec 1990

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 Dec 1980

Spielberg Reconsidered─Problems In Application And Content Of The Deferral Doctrine, John G. Culhane

John G. Culhane

No abstract provided.