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Articles 1 - 8 of 8

Full-Text Articles in Law

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román Jan 1998

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Faculty Publications

This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …


Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price Jan 1998

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.


The Evolution Of Health Care Decision Making: The Political Paradigm And Beyond, Elizabeth Price Foley, Elizabeth C. Price Jan 1998

The Evolution Of Health Care Decision Making: The Political Paradigm And Beyond, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

The ascendancy of the political paradigm as the primary mode of health care decision-making is a natural evolutionary reaction to the unrestrained market paradigm. Although a certain of political intrusion into the health care marketplace is both necessary and useful, it has the potential to unravel the efficiencies achieved by managed care. Overzealous intervention in the health care market in the name of "reform" may cause the health care decision-making pendulum to swing back to the provider paradigm, with its tendency to escalate health care costs and diminish access. One possible way to achieve decision-making equilibrium and and end the …


Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price Jan 1998

Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Can the Constitution be legitimately, albeit implicitly, amended by the Supreme Court? The possibility of implicit constitutional amendment - most forcefully advocated by Professor Bruce Ackerman as "transformative" Supreme Court decisions - has been articulated to justify, legitimate, and entrench various radical reinterpretations of the Constitution, most notably the New Deal Court's vast expansion of the power to regulate commerce. The article concludes that such implicit constitutional amendments are theoretically illegitimate and provide strong disincentives for "We the People" to become politically active in order to "correct" flaws in the original Constitution or interpretations thereof that are deemed no longer …


Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg Jan 1998

Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.


The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg Jan 1998

The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.


What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman Jan 1998

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.


Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki Jan 1998

Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki

Faculty Publications

No abstract provided.