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Full-Text Articles in Law

Should Asbestos In Buildings Be Regulated On An Environmental Or Occupational Basis?, Dean M. Hashimoto, Troyen A. Brennan, David C. Christiani Dec 1991

Should Asbestos In Buildings Be Regulated On An Environmental Or Occupational Basis?, Dean M. Hashimoto, Troyen A. Brennan, David C. Christiani

Boston College Law School Faculty Papers

The issue of asbestos abatement in buildings may be viewed as part of a larger and more fundamental scientific and social issue: Should asbestos in buildings be regulated on an environmental or an occupational basis? The environmental approach to regulation of hazardous substances has a different emphasis from that of an occupational approach. The environmental approach emphasizes abatement of property damage, while the occupational approach is more concerned with decreased exposure levels and compensation for injuries to health. Similarly, the justifications for the two approaches also have a different emphasis. The need for environmental protection is justified on the basis ...


Justice Brennan's Use Of Scientific And Empirical Evidence In Constitutional And Administrative Law, Dean M. Hashimoto Jul 1991

Justice Brennan's Use Of Scientific And Empirical Evidence In Constitutional And Administrative Law, Dean M. Hashimoto

Boston College Law School Faculty Papers

No abstract provided.


Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson Jul 1991

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional ...


Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano Apr 1991

Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels Jan 1991

The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels

LLM Theses and Essays

Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, the ...


The Black Surrogate Mother, Anita L. Allen Jan 1991

The Black Surrogate Mother, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien Jan 1991

A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien

Scholarly Articles and Other Contributions

No abstract provided.


Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer Jan 1991

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to ...


When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar Jan 1991

When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar

Articles

When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the wedge ...


Who Should Live-Or Die? Who Should Decide?, Yale Kamisar Jan 1991

Who Should Live-Or Die? Who Should Decide?, Yale Kamisar

Articles

TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.