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Full-Text Articles in Law
Delimiting Religion And Ethics, Robert L. Schwartz
Delimiting Religion And Ethics, Robert L. Schwartz
Faculty Scholarship
The author argues that people need to make a distinction between religious belief and logical ethics.
Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz
Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz
Faculty Scholarship
The discomfort doctors and lawyers feel with one another is not a consequence of the perceived medical malpractice crisis or any other single area of substantive disagreement. Rather, it is a reflection of the different epistemologies of the professions. The truth seeking activities of the two professions are very different, and these differences are reflected in the widely divergent professional educations provided to medical and law students. Much of the animosity which has developed between doctors and lawyers could be avoided, and members of each profession could have a much better understanding of the substance and analytic methods of the …
Competency To Stand Trial Under The Senate And House Proposed Revisions Of The Federal Criminal Code, Leo M. Romero
Competency To Stand Trial Under The Senate And House Proposed Revisions Of The Federal Criminal Code, Leo M. Romero
Faculty Scholarship
In 1980 the judiciary committees of the Senate and the House of Representatives reported bills revising the federal criminal code. Although neither of these bills was enacted by the Ninety-Sixth Congress, they represent the culmination of efforts, over a period of a decade, to revise and reform the federal criminal laws in a comprehensive code.
Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson
Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson
Faculty Scholarship
The relations between physicians and lawyers have deteriorated rapidly over the past several decades, most particularly since the early 70s when the perception that a medical malpractice crisis existed in America became widespread. Some believe that the factors dividing the two professions . are linked (1) to professional jealousy, (2) to sometimes conflicting economic interests, or (3) to difficulties in communication, since both professions use many of the same words, or terms of art, but with different intended meanings. While the authors agree that these factors may have aggravated the problem, they believe that the conflict's real roots are in …
An Entrenched Bill Of Rights For The United Kingdom: The Constitutional Dilemma, Christian G. Fritz
An Entrenched Bill Of Rights For The United Kingdom: The Constitutional Dilemma, Christian G. Fritz
Faculty Scholarship
In 1974 Sir Leslie Scarman, in delivering the twenty-second Hamlyn lecture, proposed a written Bill of Rights for the United Kingdom that would be entrenched' and hence binding on Parliament even without a written constitution. (Entrenchment is sometimes used to describe a process whereby an Act of Parliament incorporates a Bill of Rights but provides that any subsequent legislation will be deemed to be in compliance with that Bill unless it clearly manifests a contrary intention.) The controversy and constitutional commentary surrounding Scarman's proposal in the 1970s continues to have relevance for the nature of the British constitution. Historically and …
Tort Responsibility Of Mentally Disabled Persons, James W. Ellis
Tort Responsibility Of Mentally Disabled Persons, James W. Ellis
Faculty Scholarship
The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the "objective" standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of "mental age") and to physically handicapped adults merit reexamination. The objective standard of care for mentally disabled defendants was an outgrowth of the ideology of confinement-an ideology that society has since abandoned. Adoption of a subjective standard would not right a vast number of grave injustices, nor …
State Taxation Of Natural Resource Extraction And The Commerce Clause: Federalism's Modern Frontier, Michael B. Browde, Charles T. Dumars
State Taxation Of Natural Resource Extraction And The Commerce Clause: Federalism's Modern Frontier, Michael B. Browde, Charles T. Dumars
Faculty Scholarship
The formalistic delineation of the commerce clause in the pre-New Deal era gave way to the modern balancing approach largely because the earlier formalism did not adequately resolve the more difficult commerce clause questions created by the growing complexities of modern society. The irrelevance of the Heisler severance-precedes-commerce analysis to the modern problems that surround our national energy policy is a classic example of the failure of the old devices. Issues that were well settled on the legitimate-state-control side of the ledger in the 1920's have shifted to the national-interest side of the ledger today. As energy development assumes greater …