Law Commons^™

Book Review, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of the following book: PETER W. HUBER, GALLIEO'S REVENGE: JUNK SCIENCE IN THE COURTROOM. (Basic Books 1991) [274 pp.] Acknowledgements, index, notes. CIP: 91-70055; ISBN: 0-465-02623-0. [Cloth $23.00 Harper & Row, 10 E. 53d St., New York, NY 10022.]

Table Of Contents, Volume Three, Number Two, Spring 1992, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).

The Safety Risks Of Proposed Fuel Economy Legislation, John D. Graham

RISK: Health, Safety & Environment (1990-2002)

Based on, e.g., a comprehensive assessment of what is known of factors influencing automobile safety, previous industry responses to requirements for fuel economy and prior success of regulators in reducing injuries, Professor Graham concludes that pending fuel economy bills are apt to add 1650 fatalities and 8500 serious accidents to the annual highway toll. He also presents several short-term and long-term strategies for simultaneously saving fuel and lives.

Identifying Chemical Hazards For Regulation: The Scientific Basis And Regulatory Scope Of California's Proposition 65 List Of Carcinogens And Reproductive Toxicants, William S. Pease

RISK: Health, Safety & Environment (1990-2002)

Noting that the Proposition 65 list has become an authoritative source for hazard identification, Dr. Pease examines its legislative, regulatory and scientific origins. After analyzing the California approach, he offers suggestions for better selection of future regulatory targets.

Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas

Michigan Law Review

This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …

The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin

Vanderbilt Law Review

In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""

The decision to fund this Initiative, the largest biology project in …

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Vanderbilt Law Review

It is incredible that our people's faith could have brought them so much they sought in the law and left them with so little they need in life. It is so unfair. Like the crusaders of old we sought our Holy Grail of "equal opportunity," and having gained it in court decisions and civil rights statutes, found the quest to be for naught. Equal opportunity, far from being the means of achieving racial equality, has become yet another device for perpetuating the racial status quo.'

Title VII of the Civil Rights Act of 1964 was hailed as the most important …

Mandatory Planning For Divorce, Jeffrey E. Stake

Vanderbilt Law Review

My daughter Laura will reach the median age of first marriage in about seventeen years.' Alison, her little sister, follows three years be hind. There is a good chance they both will marry. What are the odds that those marriages will work out well? Less than I would like. The strong statistical possibility of divorce is hard to ignore and the prospects upon divorce are not rosy. The economic repercussions of divorce for Laura and Alison could be grim, likely worse than those for their brother Christopher if he were to divorce.' What hope have I that this gloomy situation …

Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker

Vanderbilt Law Review

After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …

Religion Vs. The Public Schools: Losing Faith In Public Schools, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.

The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd

Michigan Law Review

This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …

An Economic And Political Look At Federalism In Taxation, Daniel Shaviro

Michigan Law Review

Part I of this article examines the reasons for preferring locationally neutral taxes and explains the basic tension between locational neutrality and state and local autonomy in taxation. Part II examines the federal judicial check on state and local taxation, which often relies on a principle barring discrimination against outsiders or interstate commerce. Part III explores the need for a broad federal judicial check by examining state and local governments' reasons for imposing (or avoiding) locationally distortive taxes, the countervailing benefits of allowing such governments broad autonomy in taxation, and Congress' willingness to strike down locationally distortive taxes under its …

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Autopoiesis And Positivism, Richard Weisberg

Cardozo Law Review

No abstract provided.

The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard

William & Mary Law Review

No abstract provided.

Louisiana And Texas Oil & Gas Law: An Overview Of The Differences, Patrick H. Martin, J. Lanier Yeates

Louisiana Law Review

No abstract provided.

Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi

William & Mary Law Review

No abstract provided.

Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman

William & Mary Law Review

No abstract provided.

The First Amendment As Ideology, Frederick Shauer

William & Mary Law Review

No abstract provided.

Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter

William & Mary Law Review

No abstract provided.

Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards

William & Mary Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Exporting United States Drug Law: An Example Of The International Legal Ramifications Of The "War On Drugs", D. Brian Boggess

BYU Law Review

No abstract provided.

Taiwan Re-Recognized: A Model For Taiwan's Future Global Status, Michael E. Mangelson

BYU Law Review

No abstract provided.

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski

BYU Law Review

No abstract provided.

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

BYU Law Review

No abstract provided.

Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr

BYU Law Review

No abstract provided.

Quantifying The Impact Of The Acquisition Professional Development Program Certification Requirements On The Air Force Institute Of Technology, Paul A. Nicholson

Theses and Dissertations

The purpose of this research is to determine the impact of implementing the Acquisition Professional Development Program on the Air Force Institute of Technology. APDP is part of a DOD-wide effort to decrease inefficiency in the procurement process. The program encompasses a tri-level certification process based on experience, training, and educational standards. APDP serves as a guideline for professional development of acquisition personnel from entry to senior level management. Many of the courses required for certification are offered through AFIT School of Systems and Logistics. Integrating the new educational requirements as a standard for career development is expected to produce …

Table Of Contents - Cardozo Law Review, Volume 13, Issue 5

Cardozo Law Review

Issue Title: Closed Systems and Open Justice: The Legal Sociology of Niklas Luhman

Under the auspices of the Jacob Burns Institute for Advanced Legal Studies together with the German Academic Exchange Service and Goethe House New York.

Autopoiesis By Definition, Richard Münch

Cardozo Law Review

No abstract provided.