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Full-Text Articles in Law
There Is No Archbishop Of Science - A Comment On Elliot's Toward Incentive-Based Procedure: Three Approaches For Regulating Scientific Evidence, Robert L. Schwartz
There Is No Archbishop Of Science - A Comment On Elliot's Toward Incentive-Based Procedure: Three Approaches For Regulating Scientific Evidence, Robert L. Schwartz
Faculty Scholarship
As is usual when Professor Elliott writes about turning retrospective judge-oriented procedural rules into prospective attorney-oriented procedural incentives, his proposal for dealing with scientific testimony not accepted within the scientific community is both interesting and provocative. It also serves as an apology for those judges who are so in awe of science that they believe that only they or their peers in the scientific establishment-and not the common folk selected for jury service-are likely to understand the complex truths that science yields. Professor Elliott starts with the assumption that there is a need for some kind of judicial intervention to …
Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez
Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article maps out the territory that must be explored in this very complex area and analyzes the implications of governmental regulation of the new reproductive technology. It suggests that the central issue for analysis is the extent to which authority to make decisions concerning reproductive potential should be allocated to individuals rather than to the government. The article describes approaches to allocating decision-making authority with respect to procreative issues. The first is a rights-based approach which emphasizes individual autonomy; this approach will not permit governmental regulation which interferes with personal autonomy in decision making, at least without good reason. …
More Than 'Shreds And Patches': California's First Bill Of Rights', Christian G. Fritz
More Than 'Shreds And Patches': California's First Bill Of Rights', Christian G. Fritz
Faculty Scholarship
This article examines the formation of the Bill of Rights--or Declaration of Rights as it was entitled--in Californias 1849 constitution. It analyzes the sources drawn upon to fashion that Bill of Rights and how the drafters of California's first constitution understood the process and purpose of incorporating fundamental principles into a nineteenth century constitution. While those drafters borrowed from existing models and constitutional provisions, considerably more than simple copying was going on. With some notable exceptions, the delegates to that convention did not craft original subjects of protection. They did, however, display an acute awareness of the significance of the …
Law And Community On The Mexican California Frontier: Anglo-American Expatriates And The Clash Of Legal Traditions, 1821-1846 By David J. Langum, G. Emlen Hall
Faculty Scholarship
Law and Community on the Mexican California Frontier: Anglo-American Expatriates and the Clash of Legal Traditions, 1821-1846. By David J. Langum. (Norman: University of Oklahoma Press, 1987. xii + 308 pp. Illustrations, tables, appendixes, notes, bibliography, index. $30.00.)
Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz
Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz
Faculty Scholarship
In Setting Limits Dr. Daniel Callahan poses a solution: the termination of some kinds of treatment for the very elderly. His solution undercuts autonomy of the individual. This Article describes the values served by autonomy and explains why autonomy is so basic to making health care decisions and why its importance is especially great in the United States. Of course, autonomy is not absolute. This Article will define those classes of cases in which autonomy can be trumped by other interests. The Article will next determine whether the class of cases defined by Dr. Callahan fits within that definition. Finally, …