Law Commons^™

The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas

Faculty Scholarship

Since World War II there have been persistent efforts at both the national and international level to develop rules to protect the rights and welfare of subjects of human experimentation.' These efforts have focused primarily on codifying the rights of subjects, and protecting their welfare by prior peer review of research protocols. In recent years research regulations have been under attack by politicians, drug companies, researchers, and advocacy groups. In less than half a century, human experimentation has been transformed from a suspect activity into a presumptively beneficial activity. With this transformation, traditional distinctions between experimentation and therapy, subject and …

Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, Leonard H. Glantz, Wendy K. Mariner, George J. Annas

Faculty Scholarship

An analysis of the restrictive proposals provoked by the case of Kimberly Bergalis and four other patients apparently infected with HIV during the course of dental treatment reveals that they resulted from an inability to evaluate appropriately the infinitesimal risk of HIV transmission from practitioner to patient. The proposals also resulted from an effort to create risk prevention policy without appreciating the distinction between regulating things or procedures, which have no human rights, and regulating people, who have rights that should not be infringed without serious justification. This analysis demonstrates that the proposed restrictive policies are not justified because they …

Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon

Faculty Scholarship

Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land, intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien

Faculty Scholarship

As the numbers of uninsured mount⁴ because of job dislocations, exhaustion of benefits, and unaffordably high premiums, the incidence of "dumping" by private hospitals is, predictably, on the rise. Dumping occurs when a hospital, in violation of federal or state law, transfers an emergency patient to another (usually public) hospital or simply refuses any treatment based on the patient's inability to pay.5 In addition to the completely uninsured, favorite dumping targets include Medicare and Medicaid patients, AIDS patients, and cancer patients whose therapy may cost more than the maximum reimbursement under private insurance.

Dumping is merely a part of …

Long-Term Debt, The Term Structure Of Interest And The Case For Accrual Taxation, Theodore S. Sims

Faculty Scholarship

During the past 25 years, the Internal Revenue Code has become increasingly sophisticated in its treatment of long-term debt. That transformation occurred as part of a wider set of legislative changes, changes that have made the Code generally more sensitive to the consequences of compound interest and discounted (or present) values. Much of this was dictated by necessity. By ignoring the effects of compound interest, the Code often measured income in a way that was economically unsound, and thereby allowed taxpayers to take advantage of the statutory shortcomings, often with dramatic, unanticipated results.

Equity And Hierarchy: Reflections On The Harris Execution, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The legal controversy surrounding the execution of Robert Alton Harris is only one in a series of cases over the past few months testing the proper relationship between the Supreme Court and the inferior federal courts. Controversy over inferior federal court grants or denials of injunctions concerning Haitian refugees1 and the French abortion pill2 have starkly raised, as does the Harris case3, profound questions concerning Supreme Court review of inferior court rulings on issues involving equitable relief. The Harris case did not display the American legal system at its finest. None of the participants in the process distinguished themselves-not the …

Lotus V. Paperback: Confusing The Idea-Expression Distinction And It's Application To Computer Software, Gregory J. Ramos

University of Colorado Law Review

No abstract provided.

An Empirical Study Of Forum Choices In Removal Cases Under Diversity And Federal Question Jurisdiction, Neal Miller

American University Law Review

No abstract provided.

Give Us Sovereignty Or Give Us Debt: Debtor Countries' Perspective On Debt-For-Nature Swaps, Priya Aligiri

American University Law Review

No abstract provided.

The Federal Circuit: A Court For The Future, Helen Wilson Nies

American University Law Review

No abstract provided.

The Federal Circuit And Congressional Intent, Howard T. Markey

American University Law Review

No abstract provided.

Origin Of The Federal Circuit: A Personal Account, Daniel J. Meador

American University Law Review

No abstract provided.

Thoughts On The Vitality Of Erie, John B. Corr

American University Law Review

No abstract provided.

The Litigating Amicus Curiae: When Does The Party Begin After The Friends Leave, Michael K. Lowman

American University Law Review

No abstract provided.

Wilson V. Seiter: Defining The Components Of And Proposing A Direction For Eighth Amendment Prison Condition Law, Russell W. Gray

American University Law Review

No abstract provided.

"Socially Responsible" Investing: Doing Good Versus Doing Well In An Inefficient Market, Maria O'Brien Hylton

American University Law Review

No abstract provided.

Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson

American University Law Review

No abstract provided.

Intellectual Property Protection Or Protectionism? Declaratory Judgement Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

American University Law Review

No abstract provided.

Teaching Evidence: Storytelling In The Classroom, Beryl Blaustone

American University Law Review

No abstract provided.

Beyond Animal Legal Defense Fund V. Quigg: The Controversy Over Transgenic Animal Patents Continues, Elizabeth Joy Hecht

American University Law Review

No abstract provided.

Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries

Faculty Law Review Articles

The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …

Advice And Consent In Theory And Practice, Roger J. Miner

American University Law Review

No abstract provided.

"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs

American University Law Review

No abstract provided.

When Medical Malpractice Becomes Legal Malpractice: Some Of The Dangers Inherent In Representing Professional Malpractice Defendants, Francis M. Hanna

MC Law Review

No abstract provided.

Clergy Malpractice: Liability For Negligent Counseling And Sexual Misconduct, Constance Frisby Fain

MC Law Review

No abstract provided.

Title Page, Mc Law

MC Law Review

Title Page

A Review Of Interpretive Opinions And Enforcement Proceedings Under The Mississippi Securities Act, L. Keith Parsons

MC Law Review

Mississippi Focus

Rules, Rulemaking, And The Ruled: The Mississippi Supreme Court As Self-Proclaimed Ruler - Duncan V. St. Romain, Ronald C. Morton

MC Law Review

Notes

Title Page, Mc Law

MC Law Review

Title Page

Judicial Review Of Academic Student Evaluations: A Comment On Susan 'M' V. New York Law School From Those Who Litigated It, Harold Weinberger, Andrew Schepard

Hofstra Law Faculty Scholarship

Susan "M" v. New York Law School is the most recent decision of a highest court of a state that vindicates the principle of judicial noninterference in academic evaluation of students. Susan"M" has become quite noteworthy, spawning both a major recent law review article exhaustively analyzing all the relevant precedents and poetry. Discussion of the case generates intense interest, particularly among academics (both faculty and administrators) and law students. The former are generally relieved by its outcome; the latter are distressed that they have to aim their developing litigation skills on targets other than their professors.

Our first purpose in …