Law Commons^™

The Unfinished Business Of Section 1244: Removing The Remaining Traps, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Report On The National Commission: Good As Gold, George J. Annas

Faculty Scholarship

The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research ended its work by substantially endorsing the status quo which places primary reliance on local Institutional Review Boards for subject protection. This was predictable because of the Commission's researcher-dominated composition which permitted it to assume that (1) research is good; (2) experimentation is almost never harmful to subjects; and (3) researcher-dominated IRBs can adequately protect the Interests of human subjects. The successor Presidential Commission can learn much by reexamining these premises.

The Case For Medical Licensure, George J. Annas

Faculty Scholarship

Locke et al. argue elsewhere in this issue that medical licensure should be abolished. Their reasoning is direct and seductive - but their free market cure is worse than the disease they describe. Their major premise, for example, is simply wrong: "Any governmental action that violates individual rights is improper." For this notion they cite the ultraconservative novelist Ayn Rand who talks about things that are "right" for humans to do. But there are two confusions: (I) rights do not exist in a vacuum; in an interdependent society the rights of individuals must sometimes be balanced against the rights of …

Glass-Steagall: Some Critical Reflections, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Glass-Steagall: Some Critical Reflections, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

An Identity Crisis For The Corporate Lawyer, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Review Of Human Rights, Pnina Lahav

Faculty Scholarship

This small volume, mostly of essays presented at the World Congress of the International Association for Philosophy of Law and Social Philosophy held in Australia in 1977, addresses a random sample of the many faces of human rights.

Shifting Perspective In Product Liability: From Quality To Process Standards, Aaron Twerski, Alvin S. Weinstein, William H. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Lifetime Gifts - A Quantitative Approach, Roger A. Pies, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

How To Make The Massachusetts Patients' Bill Of Rights Work, George J. Annas

Faculty Scholarship

The movement for enhanced patients' rights is based on two premises: (I) citizens possess certain rights that are not automatically forfeited by entering into a relationship with a physician or health care facility; and (2) most physicians and health care facilities fail to recognize these rights, fall to provide for their protection or assertion, and limit their exercise without recourse.

The primary argument against patients' rights is that patients have "needs" and defining these needs in terms of rights leads to the creation of an unhealthy adversary relationship.' It is not, however, the creation of rights, but the disregard of …

Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith

Faculty Scholarship

No abstract provided.

Placing Pro Bono Publico In The National Legal Services Strategy, Mark N. Aaronson, Charles F. Palmer

Faculty Scholarship

No abstract provided.

International Adjudication: Embassy Seizure–United States V. Iran, Joel R. Paul

Faculty Scholarship

No abstract provided.

Reflections On Convenience Translations: A Reply To Professor Brooks, William K.S. Wang

Faculty Scholarship

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora

Faculty Scholarship

No abstract provided.

The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson

Faculty Scholarship

In this article, Professor Steenson continues the discussion that began in The Anatomy of Products Liability in Minnesota: The Theories of Recovery, appearing in the last Issue of the William Mitchell Law Review, by shifting the analytical focus to the problems involved in allocating awards among the parties in Minnesota products liability cases. Professor Steenson analyzes defenses, contribution and indemnity, and the impact of Minnesota's comparative fault act on products liability law.

The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson

Faculty Scholarship

The law of products Iiability has undergone a dramatic evolution since MacPherson v. Buick Motor Co. As a result of this rapid development, substantial uncertainty as to the scope of liability of product manufacturers and sellers exists. The purpose of this Article is to eliminate some of that confusion. After tracing the history and development of the law of products liability in Minnesota, the author discusses the various elements and standards of strict Iiability. Finally, the author proposes several jury instructions that help clarify the relationship between strict liability and negligence. Throughout the Article, Minnesota is used as a model …

The U.C.C. (Sales) As An Introductory Law School Course, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Usery Limits On National Interest, David S. Bogen

Faculty Scholarship

No abstract provided.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Standard Of Care For Children Revisited, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

Unraveling The Sagebrush Rebellion: Law, Politics And Federal Lands, John D. Leshy

Faculty Scholarship

No abstract provided.

Impact Of A Youth Service Center, Deborah W. Denno

Faculty Scholarship

This study evaluates the impact of a Youth Service Center (YSC) in South Philadelphia, using methods which consider both the Center's goals and relevant developments within its target area. The YSC is a delinquency-prevention program housed in the South Philadelphia Community Center (SPCC), a general recreation facility which evolved from the Philadelphia Boys' Club in 1974. The YSC program was added in June 1975 to "prevent and limit youth from becoming involved in the Juvenile Justice System, police courts, and institutions". Program referrals comprise area youths between the ages of 10 and 18 who have been arrested and are in …

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.

The Art Of Comparative Constitutional Law, Pnina Lahav

Faculty Scholarship

Until recently, German constitutional material has been generally inaccessible to the English speaking audience. Professor Kommers' scholarly contributions, particularly his book, Judicial Politics in West Germany. A Study of the Federal Constitutional Court,¹ have considerably amplified our knowledge in this area. His Article, The Jurisprudence of Free Speech in the United States and the Federal Republic of Germany² provides additional insights into and fresh perspectives on German constitutional law. His Article might be of yet more value, however, if it demonstrated keener sensitivity to comparative constitutional law methodology and deeper analysis of the various substantive matters with …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …