Law Commons^™

Should A Possession Or Use Standard Be Employed To Prove Insider Trading?

San Diego Law Review

This Comment endorses the legislative adoption of an initial rebuttable presumption in favor of the complainant in insider trading cases. This presumption would create a strong inference of "actual use"

upon proof that the defendant was in possession of material and non- public information at the time he consummated a securities transaction.

Moreover, the inference would establish a prima facie case of insider trading sufficient to withstand summary judgment. This Comment argues that such a presumption is appropriate as it is consistent with the plain language of section 10(b) of the Securities Exchange Act of 19345

and SEC Rule lOb-5. …

Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden

Journal of Law and Health

This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse

Journal of Law and Health

This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …

Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski

Journal of Law and Health

Employers offering these benefits to same-sex domestic partners only, may face legal challenges such as marital status and sexual orientation discrimination or equal protection arguments from their unmarried heterosexual employees. In addition, states and municipalities have been increasing the potential of such litigation by passing laws that prohibit discrimination based on sexual orientation and marital status especially in the areas of housing and employment. This Note examines the potential of such legal challenges when employers use the narrow definition in structuring their domestic partner benefit programs. In addition, avoiding challenges by simply not offering benefits will be discussed. However, before …

Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof

Journal of Law and Health

This Article examines several aspects of the medical and legal debate on physician-assisted suicide. Part I describes the Oregon Death with Dignity Act, the only existing American law legalizing physician assisted suicide. Understanding the provisions of the DWDA provides a concrete, practical framework for discussing the medical and constitutional issues central to the PAS debate. Part II considers the wisdom of the DWDA in light of current medical knowledge and practice. The law allows a patient, with only a few months to live, a human end to intolerable suffering under controlled conditions. It is carefully crafted to ensure that patient …

Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne

Journal of Law and Health

Given this scale of investment, the centrality of information systems to the success of an HMO, the obligation of regulatory compliance, plus the attention now focused on the year 2000 "millenium bug" problem, information systems are clearly a major area of concern and oversight by corporate directors. This paper analyzes the role of information systems in HMOs and the nature of the HMO directors' duty of care in monitoring the integrity of the information systems to determine when directors may be held personally liable for losses suffered by the corporation when the systems collapse. Section I addresses in general the …

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …

A Tale Of Two Proteins, Robert A. Bohrer

Faculty Scholarship

In this article we examine the Orphan Drug Act and one of the most important incentives it provides for the development of new drugs for rare diseases, a seven-year period of market exclusivity for new orphan drugs. The FDA has had difficulty interpreting the market exclusivity provisions of the Orphan Drug Act since its enactment. The continuing uncertainties about the scope of protection that the Act provides for innovative products threaten the basic purposes of the Act. The FDA's recent interpretation of the Act raises numerous questions: Should market protection from the Orphan Drug Act depend on the physical and …

Volume 49 Issue 2 (1999), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.

Journal Publications

In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

The Independent Counsel Statute: A Legal History, Benjamin Priester

Journal Publications

The independent counsel statute has been one of the most-if not the most-controversial federal laws of its time. A presence on the national stage for twenty years, it will expire on June 30, 1999, unless Congress affirmatively acts to save it. As the other articles in this issue of Law and Contemporary Problems attest, the statute's future seems bleak, perhaps even if substantial revisions are made. Numerous other sources also have heaped praise, criticism, and everything in between upon the statute. A law with so dark a beginning and so storied a political history may be doomed to extinction. Among …

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye

Michigan Journal of International Law

The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.

Gendered Identities: Women And Household Work, Naomi R. Cahn

Villanova Law Review (1956 - )

No abstract provided.

The Burdens Of Benefits, Edward J. Mccaffery

Villanova Law Review (1956 - )

No abstract provided.

A Molotov Cocktail: Proposition 51 And Workers' Compensation, Laura Buhl

Santa Clara Law Review

No abstract provided.

Subsequent Remedial Measures And The Application Of California Law In A Diversity Action, Daniel Ogburn

Santa Clara Law Review

No abstract provided.

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

How Should The Police Respond To Domestic Violence?: A Therapeutic Jurisprudence Analysis Of Mandatory Arrest, Dennis P. Saccuzzo

Santa Clara Law Review

No abstract provided.

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert W. Peterson

Santa Clara Law Review

No abstract provided.

Antitrust On The Rebound Essay, Joseph M. Alioto

Santa Clara Law Review

No abstract provided.

The Gradual Decline Of A Hearsay Exception: The Misapplication Of Federal Rule Of Evidence 803(4), The Medical Diagnosis Hearsay Exception, Robert R. Rugani Jr.

Santa Clara Law Review

No abstract provided.

Introduction: From Partners To Parents: Toward A Child Centered Family Law Jurisprudence, June Carbone

Santa Clara Law Review

No abstract provided.

Interdependency Theory - Old Sausage In A New Casing: A Response To Professor Czapanskiy, John Dewitt Gregory

Santa Clara Law Review

No abstract provided.

Interdependencies, Families, And Children, Karen Czapanskiy

Santa Clara Law Review

No abstract provided.

The Missing Piece Of The Custody Puzzle: Creating A New Model Of Parental Partnership, June Carbone

Santa Clara Law Review

No abstract provided.

Tipping The Scales: Courts Struggle To Strike A Balance Between The Public Disclosure Of Private Facts Tort And The First Amendment, Peter Gielniak

Santa Clara Law Review

No abstract provided.

Ethics Year In Review, Brian Augusta

Santa Clara Law Review

No abstract provided.

The Death Penalty Is Cruel And Unusual Punishment For The Crime Of Rape - Even The Rape Of A Child, Pallie Zambrano

Santa Clara Law Review

No abstract provided.

The Thin Line Between Love And Hate: Same-Sex Hostile-Environment Sexual Harassment, Marianne C. Delpo

Santa Clara Law Review

No abstract provided.