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1998

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Articles 1741 - 1770 of 7680

Full-Text Articles in Law

Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp May 1998

Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp

Student Thesis Honors (1996-2008)

Madrid v. Lincoln County Medical Center is the first New Mexico case to recognize a cause of action for the negligent infliction of emotional distress (NIED) arising from possible exposure to the virus that causes acquired immunodeficiency syndrome (AIDS). The court in Madrid held that recognition of emotional distress claims arising out of a negligently created fear of contracting the human immunodeficiency virus (HIV) through a medically sound channel of transmission does not require proof of actual exposure to the virus. In arriving at its decision, the Madrid court rejected the tort-recovery principles formulated in the "fear of future disease" …

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The Legal Construction Of Gender, Trena Lee Klohe May 1998

The Legal Construction Of Gender, Trena Lee Klohe

Student Thesis Honors (1996-2008)

The existence of biologically, psychologically and socially transgendered persons challenges commonplace notions about "the sexes." The entry of transgendered persons and their concerns into the legal arena has forced the law on occasion to examine its usually implicit assumptions about sex and gender. This paper explores the following questions: is sex truly an "immutable characteristic" for all legal purposes? If not, at what point and under what circumstances does the law acknowledge a change from one sex to the other? This paper also examines the legal enforcement of gendered social norms. Such norms are frequently at odds with personal experience, …

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Invitation - "The Friends Of Johnnie B. Rawlinson..." - May 3, 1998, Las Vegas Chapter Of The National Bar Association May 1998

Invitation - "The Friends Of Johnnie B. Rawlinson..." - May 3, 1998, Las Vegas Chapter Of The National Bar Association

Johnnie B. Rawlinson

No abstract provided.

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Event Program - "Celebrating The Appointment Of Johnnie Blakeney Rawlinson" - May 3, 1998, Las Vegas Chapter Of The National Bar Association May 1998

Event Program - "Celebrating The Appointment Of Johnnie Blakeney Rawlinson" - May 3, 1998, Las Vegas Chapter Of The National Bar Association

Johnnie B. Rawlinson

No abstract provided.

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'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy May 1998

'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

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Celebrating The Appointment Of Jonnie Blakeney Rawlinson Invitation, Las Vegas Chapter Of The National Bar Association May 1998

Celebrating The Appointment Of Jonnie Blakeney Rawlinson Invitation, Las Vegas Chapter Of The National Bar Association

Additional Special Events

No abstract provided.

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Legal Pursuits Vol. 6 No. 2, Georgia State University Law Library May 1998

Legal Pursuits Vol. 6 No. 2, Georgia State University Law Library

Law Library Newsletters

No abstract provided.

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The Ombudsman’S Roles In Changing The Conflict Resolution System In Institutions Of Higher Education, Marsha L. Wagner May 1998

The Ombudsman’S Roles In Changing The Conflict Resolution System In Institutions Of Higher Education, Marsha L. Wagner

CNCR-Hewlett Foundation Seed Grant White Papers

No abstract provided.

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Communications Policy Leadership For The Next Century, Michael K. Powell May 1998

Communications Policy Leadership For The Next Century, Michael K. Powell

Federal Communications Law Journal

Those of us involved in the communications field realize the dramatic changes and challenges posed by the passage of the Telecommunications Act of 1996. In particular, those in charge of implementing the Act's provisions face serious challenges. There are three ways that those in leadership positions may prevail in this "communications revolution" so as to facilitate development. First, it is essential to be familiar with the fields of economics and competitive analysis, and to understand that competition and markets will prove superior devices for managing change. Second, the importance of technology must be emphasized. Finally, emotion or special interest politics …

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The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman May 1998

The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman

Federal Communications Law Journal

During the last eighty years, there is likely no single area of communications policy that has generated as much scholarly discourse, judicial analysis, and political debate as has the simple directive to regulate in the "public interest." While remaining at the heart of current communications regulatory policy debate, the public interest standard has been subject to evolving, and often elusive definitions that reflect the change in American culture from generation to generation. As broadcasters begin the transition to a more flexible digital technology, there have been calls for a reexamination of the public interest standard. But the genius of the …

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A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii May 1998

A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii

Federal Communications Law Journal

At a time when the FCC is in the process of implementing the massive 1996 Telecommunications Act, a number of commentators have been calling for drastic change in the agency's structure. There most certainly are legitimate questions about how the modern FCC should be organized. A single-administrator model, which has been successful in the United Kingdom, could provide a more stable and predictable regulatory environment than currently exists. The advantages of a single administrator over a multimember commission are substantial and provide a conservative alternative to calls for the elimination of the agency. Such change would enable the FCC to …

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Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow May 1998

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

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Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley May 1998

Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley

Federal Communications Law Journal

Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …

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Ndls Update 05/1998, Notre Dame Law School May 1998

Ndls Update 05/1998, Notre Dame Law School

NDLS Update

No abstract provided.

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Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey May 1998

Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey

Brigham Young University Journal of Public Law

No abstract provided.

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Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light May 1998

Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light

Brigham Young University Journal of Public Law

No abstract provided.

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The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden May 1998

The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden

Brigham Young University Journal of Public Law

No abstract provided.

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United States V. O'Hagan: Recognition Of The Misappropriation Theory, Brian W. Morgan May 1998

United States V. O'Hagan: Recognition Of The Misappropriation Theory, Brian W. Morgan

Brigham Young University Journal of Public Law

No abstract provided.

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Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework , Donna M. Nagy May 1998

Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework , Donna M. Nagy

Cornell Law Review

No abstract provided.

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Innocent Kiss Or Potential Legal Nightmare: Peer Sexual Harassment And The Standard For School Liability Under Title Ix, Emmalena K. Quesada May 1998

Innocent Kiss Or Potential Legal Nightmare: Peer Sexual Harassment And The Standard For School Liability Under Title Ix, Emmalena K. Quesada

Cornell Law Review

No abstract provided.

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Plain English Part Iii: Choosing The Right Words, K.K. Duvivier May 1998

Plain English Part Iii: Choosing The Right Words, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In an effort to provide investors with full and fair disclosures in language they can understand, the SEC has proposed rules to require that disclosures be written in Plain English.' These rules outline six "clear writing techniques": (1) active voice; (2) short sentences; (3) definite, concrete, everyday language; (4) tabular presentations; (5) no jargon; and (6) no multiple negatives. The January and March 1998 Scrivener article addressed the first two techniques; this article addresses the third.

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Political Correctness Revisited, Jan Narveson May 1998

Political Correctness Revisited, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented February 19th , 1998 for the Center for the Study of Ethics in Society

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Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler May 1998

Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler

Brigham Young University Journal of Public Law

No abstract provided.

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Alcaraz V. Vece: If You Mow Or Water Your Next-Door-Neighbor's Yard, You Might Be Liable To Anyone Injured There, Thomas D. Jex May 1998

Alcaraz V. Vece: If You Mow Or Water Your Next-Door-Neighbor's Yard, You Might Be Liable To Anyone Injured There, Thomas D. Jex

Brigham Young University Journal of Public Law

No abstract provided.

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Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro May 1998

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.

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Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk May 1998

Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk

Brigham Young University Journal of Public Law

No abstract provided.

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The Problematics Of Moral And Legal Theory, Richard A. Posner May 1998

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …

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Maryland V. Wilson: The Fading Fourth Amendment, Gregory Lineberry May 1998

Maryland V. Wilson: The Fading Fourth Amendment, Gregory Lineberry

Mercer Law Review

In Maryland v. Wilson, the United States Supreme Court held that a police officer may order a passenger of a lawfully stepped car to exit the vehicle. This "bright-line rule" allows these intrusions as a matter of course and does not require case-by-case determination.

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Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander May 1998

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Oslo Land Mine Treaty And An Analysis Of The United States Decision Not To Sign, Craig S. Sharnetzka May 1998

The Oslo Land Mine Treaty And An Analysis Of The United States Decision Not To Sign, Craig S. Sharnetzka

Penn State International Law Review (1982 - 2011)

No abstract provided.

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