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Articles 1 - 9 of 9
Full-Text Articles in Law
Federalism In The Americas In Comparative Perspective, Keith S. Rosenn
Federalism In The Americas In Comparative Perspective, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Military Justice: From Oxymoron To Aspiration, Janet Walker
Military Justice: From Oxymoron To Aspiration, Janet Walker
Osgoode Hall Law Journal
The mandate for Charter-based judicial review of military law is now in its second decade. Comparative analysis of the relationship between military law and the civilian judiciary in common law countries reveals that Canadian courts benefitting from this mandate are so placed within the constitutional structure as to be uniquely able to engage in substantive review of the adherence to the principles of fundamental justice by Canadian courts martial. Accordingly, the question of the jurisdiction of military tribunals which has formed the focal point internationally for judicial review is of passing significance in Canada. The yet critical issues of civilian …
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Villanova Law Review
No abstract provided.
The Development Of Insolvency Law In The Commonwealth Caribbean: A Brief Survey Of Potential Approaches, Timothy B. Desieno
The Development Of Insolvency Law In The Commonwealth Caribbean: A Brief Survey Of Potential Approaches, Timothy B. Desieno
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Villanova Environmental Law Journal
No abstract provided.
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
Faculty Scholarship
Historically, most Americans have treated health care as a private commodity whose price, and therefore availability, is primarily determined by market forces. In such a context, the law not unsurprisingly places a high premium on information disclosure by physicians. Personal autonomy-an individual's power to choose among medical options-enjoys its most zealous protection under U.S. jurisprudence.7 The dominant U.S. version of informed consent is grounded on principles of patient/consumer autonomy, and seems to enhance market choice. But a strong theme of collectivism now runs through some discussions of U.S. health policy.8 President Clinton was elected at least in part …
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Law Faculty Scholarly Articles
Since the adoption of strict products liability over the last thirty years, two problems of scope have received the most attention: how to define product defectiveness to which the liability attaches, and how to limit the potentially limitless liability through defenses. Much like the industries of the nineteenth century, product liability defendants of the twentieth century turned to the plaintiff's conduct as a main line of defense. Blaming the victim has historically been a powerful tool for tort defendants to evade responsibility for their conduct. This Article proposes that the defenses based on victim fault that have evolved in our …