Law Commons^™

Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser

Law and Contemporary Problems

What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …

Taking Economic Equality Off The Table, Gene R. Nichol

Law and Contemporary Problems

Nichol considers Pres Clinton's Administration's record on issues of economic equality, including California Gov Pete Wilson's plan to discriminate against newly arrived California welfare recipients. The Clinton Administration has not been alone in taking economic fairness off the political agenda, but they have clearly done their part.

Get Smart: The Rise Of Authoritarianism And Our Crackpot Culture, Kenneth Anderson

Book Reviews

Review of "Sleeping With Extra-Terrestrials: The Rise of Irrationalism and Perils of Piety", by Wendy Kaminer, Pantheon (2000)Abstract:This essay reviews a book by distinguished cultural critic Wendy Kaminer on the rise in American society of culturally and politically powerful forces of irrational belief that have become increasingly able to impose what amounts to their private pieties on the polity and the public square. Kaminer has a wide range of targets in mind, ranging across the religious and belief spectrum, from Christian creationists to New Age occultists. She argues that the prevalent multicultural ethic gives them ground to demand that their …

More Guns, Less Crime, By John R. Lott, Jr. , Kevin P. Latulip Jr.

Journal of Health Care Law and Policy

No abstract provided.

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan

Journal of Health Care Law and Policy

No abstract provided.

The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus

Washington and Lee Law Review

No abstract provided.

Public Policy Defense In International Commercial Arbitration, Mingqiang Qian

LLM Theses and Essays

The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …

Arbitration And Judicial Review, Theodore J. St. Antoine

Other Publications

A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …

Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg

Articles

Legal scholars and economists might enhance the value and impact of their work by making more effective use of each other's knowledge and capabilities. Legal scholars can offer a more nuanced understanding of the legal rules that underlie the patent system and the doctrinal levers that might be manipulated in furtherance of public policy goals. Economists bring to bear a set of analytical and methodological tools that could shed considerable light on what these doctrinal levers are doing and which of them we ought to be manipulating. Together, we have a better chance of asking the right questions and thinking …

Bitter Medicine: A Critical Look At The Mental Health Care Provider’S Duty To Warn In Texas, Charles E. Cantú, Margaret H. Jones Hopson

Faculty Articles

A quarter of a century has passed since Tarasoff v. Regents of the University of California first imposed a duty of care upon mental health care professions for third parties. In Tarasoff, the California Supreme Court held that once a therapist determines, or reasonably should have determined, a patient poses a significant danger of violence to others, the therapist bears a duty to exercise reasonable care to protect the foreseeable victim from that danger.

Tarasoff has since been widely accepted by both legislatures and courts as the basis for imposing the duty of reasonable care upon mental health care professionals …

Consensual Approaches To Resolving Public Policy Disputes, Brett A. Williams

Journal of Dispute Resolution

This Comment will explore various consensual approaches and their application to public disputes. Specifically, unassisted and assisted negotiation will be examined in detail.9 In addition, the specific application of consensual approaches will be explored in the context of public environmental disputes.'0 Finally, the issue of alternative resolution to public disputes at the federal administrative level will be examined.

Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider

Book Chapters

Throughout most of American history no one would have supposed biomedical policy could or should be made through constitutional adjudication. No one would have thought that the Constitution spoke to biomedical issues, that those issues were questions of federal policy, or that judges were competent to handle them. Today, however, the resurgence of substantive due process has swollen the scope of the Fourteenth Amendment, the distinction between federal and state spheres is tattered, and few statutes escape judicial vetting. Furthermore, Abraham Lincoln's wish that the Constitution should "become the political religion of the nation" has been granted. "We now reverently …

The Power Of The Treasury: Racial Discrimination, Public Policy, And "Charity" In Contemporary Society, David A. Brennen

Law Faculty Scholarly Articles

The Treasury Department is empowered to enforce “established public policy” with respect to tax-exempt charities. Under this public policy power, the Treasury has revoked the tax-exempt charitable status of organizations that discriminated against blacks, organizations whose members engaged in civil disobedience against war, and organizations involved in illegal activity. The Treasury interprets its public policy power as applying to any activity that violates clear public policy. Thus, presumably, the Treasury could use this power to deny tax-exempt charitable status to an organization that engages in conduct that violates assisted suicide laws, anti-abortion laws, or other sufficiently “established” public policies.

The …

Contract Reading' In Labor Arbitration, Theodore J. St. Antoine

Articles

A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …