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Articles 1 - 13 of 13
Full-Text Articles in Law
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Faculty Publications
Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.
Murder And Aggravated Murder, Paul C. Giannelli
Murder And Aggravated Murder, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Defense Of Traditional Marriage, George W. Dent
The Defense Of Traditional Marriage, George W. Dent
Faculty Publications
This article reviews the possible justifications for legal recognition of marriage and finds some, such as encouraging stable, loving relationships, unpersuasive. However, other rationales-including protecting children, socializing adults, and promoting individual happiness-are valid, and these rationales apply only to traditional marriages. Accordingly, society has strong reasons to favor traditional marriage and to deny such treatment to the unmarried and to homosexual, endogamous and bestial relationships.
A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman
A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman
Faculty Publications
Health insurance coverage for experimental treatments has generated significant debate and frequent litigation in recent years. In many cases, denials of coverage for investigational therapies constitute economically and ethically sound policy. This article argues, however, that health insurance providers should be required to cover experimental treatments in limited circumstances, namely, when they are administered in phase III clinical trials to patients with terminal illnesses who are likely to die within two years. This coverage mandate would help the sickest patients, who have no other treatment options, and would benefit medical researchers, who often face a dearth of patients willing to …
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Faculty Publications
This article examines the citation practices of the Kansas Supreme Court and the Kansas Court of Appeals.
The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf
The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf
Faculty Publications
This article examines the paradoxical question of whether the International Criminal Court will require justice at the expense of peace. Notwithstanding the popular catch phrase of the 1990s - "no peace without justice"' - peace and justice are sometimes incompatible goals. To end an international or internal conflict, negotiations must often be conducted with the very leaders who were responsible for war crimes and crimes against humanity. When this is the case, insisting on criminal prosecutions can prolong the conflict, resulting in more death, destruction, and human suffering.
Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku
Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku
Faculty Publications
This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.
United States Supreme Court: 1999 Term, Paul C. Giannelli
United States Supreme Court: 1999 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Manslaughter And Other Homicides, Paul C. Giannelli
Manslaughter And Other Homicides, Paul C. Giannelli
Faculty Publications
No abstract provided.
Impeachment: Evidence Amendments, Paul C. Giannelli
Impeachment: Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman
Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman
Faculty Publications
As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the age of managed care.
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Faculty Publications
In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.
The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen
The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen
Faculty Publications
This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.