Law Commons^™

2002 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.

Almandi V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) It concerns the situation in the Church of the Nativity in Bethlehem, in which armed Palestinians had fortified themselves. In the church compound there were also unarmed Palestinians civilians, as well as clergymen. The clergymen, who were not in the same part of the compound as the Palestinians, received food, though the Palestinians did not. Petitioners requested that food be allowed into the compound. They asserted that preventing food from entering the compound was a violation of international …

You Can’T Tear It Down: The Origins Of The D.C. Historic Preservation Act, Jeremy W. Dutra

Georgetown Law Historic Preservation Papers Series

No abstract provided.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

The Medicaid Buy-In Program: Lessons Learned From Nine "Early Implementer" States, Donna Folkemer, Allen Jensen, Robert Silverstein, Tara Straw

Center for Health Policy Research

For many individual Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients, the risk of losing Medicaid coverage linked to their cash benefits is a powerful work disincentive. Eliminating barriers to health care and creating incentives to work can greatly improve financial independence and well being. To support this goal, Congress included a Medicaid Buy-In option in the Balanced Budget Act of 1997 and enacted the Ticket to Work and Work Incentives Improvement Act (TWWIIA) in 1999. These laws authorized states to create Medicaid Buy-In programs to extend Medicaid coverage to persons with disabilities who go to work. …

Policy Frameworks For Designing Medicaid Buy-In Programs And Related State Work Incentive Initiatives, Allen Jensen, Robert Silverstein, Donna Folkemer, Tara Straw

Center for Health Policy Research

This report provides policy frameworks to assist stakeholders (such as Medicaid directors, state legislators, and cross-disability coalitions) design and implement Medicaid Buy-In programs and related work incentive initiatives to enhance the level of economic self-sufficiency of persons with significant disabilities. Of particular focus of the paper are the design decisions affecting enrollment, costs, and a state's fiscal exposure.

The policy frameworks describe the interrelationships between federal and state cash assistance programs (particularly SSDI, SSI, and state SSI supplementation programs) and health entitlements (particularly the Medicaid program). The policy frameworks are derived from the experiences of the nine early implementation states …

Does Censorship Really Protect Children?, Michael Grossberg

Federal Communications Law Journal

Book Review: Not In Front of the Children, “Indecency,” Censorship, and the Innocence of Youth, Marjorie Heins, New York: Hill and Wang, 2001, 402 pages.

Marjorie Heins spent much of her career as a lawyer battling censorship with the American Civil Liberties Union. Today, she continues the fight as Director of the Free Expression Policy Project of the National Coalition Against Censorship. In an effort to understand the people who work to constrict the free flow of information, she stepped out of the trenches and into the library to do some research. Not In Front of the Children is the …

Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium (Reviewing Austin Sarat, When The State Kills: Capital Punishment And The American Condition (2001))., Wayne A. Logan

Scholarly Publications

This paper examines recent U.S. efforts to abolish capital punishment, using Austin Sarat's 2001 book "When the State Kills" as the centerpiece of its exploration. The book, rather than mounting a principled "frontal assault" on the death penalty, instead surveys the numerous ways in which capital punishment negatively affects American law, politics, and culture. The paper considers the broader historic significance of this tactical shift and reflects upon the consequences and prospects for its ultimate success.

A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan

Brigham Young University Journal of Public Law

No abstract provided.

Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly

Brigham Young University Journal of Public Law

No abstract provided.

Tom Green, Common-Law Marriage, And The Illegality Of Putative Polygamy, Ryan D. Tenney

Brigham Young University Journal of Public Law

No abstract provided.

The Cia And Covert Operations: To Disclose Or Not To Disclose - That Is The Question, Marcus Eyth

Brigham Young University Journal of Public Law

No abstract provided.

Improper Application Of First-Amendment Scrutiny To Conduct-Based Public Nudity Laws: City Of Erie V. Pap's A.M. Perpetuates The Confusion Created By Barnes V. Glen Theatre, Inc., Aaron Brogdon

Brigham Young University Journal of Public Law

No abstract provided.

Rational Profiling In America's Airports, R. Spencer Macdonald

Brigham Young University Journal of Public Law

No abstract provided.

Trade Secrets And Confidentiality: Attorney Ethics In The Silent World Of Tax Planning, Andrew Franklin Peterson

Brigham Young University Journal of Public Law

No abstract provided.

Ndls Update 05/2002-06/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter

Articles

No abstract provided.

18th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 18th Annual Environmental Law Institute held by UK/CLE in May 2002.

Copyright As A Rule Of Evidence, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

Many copyright doctrines serve to exclude from the copyright regime cases particularly prone to evidentiary complexity. The implicit logic is that for these cases the social costs of litigation would likely outweigh the social benefits derived from offering copyright protection in the first place. Doctrines that serve this evidentiary function include some doctrines where an evidentiary purpose is readily apparent, for example the requirement that eligible works be fixed in tangible form, and some where the link is quite subtle, for example the rule against protecting work that lacks creativity. Understanding these doctrines in this light helps to refine their …

The Uniform Mediation Act: An Essential Framework For Self Determination, Philip J. Harter

Northern Illinois University Law Review

This piece is an interpretive essay of key provisions of the Uniform Mediation Act. In connection with the analyses of these provisions, the author identifies certain dilemmas that are created by the wording of certain provisions. The author identifies the weaknesses in the drafting process of the Uniform Mediation Act and at the same time applauds the efforts of the drafters in their journey to create uniformity in the field of mediation.

Seeds Of Distrust: Federal Regulation Of Genetically Modified Foods, Thomas O. Mcgarity

University of Michigan Journal of Law Reform

This Article describes and evaluates the existing federal regulatory regime for protecting public health from risks posed by foods derived from GM plants. Part I briefly describes the technology involved in genetically modifying plants and relates the ongoing debates over the risks and benefits of GM food plants. Part II examines in detail the regulatory regime that has evolved in the United States to regulate the safety of GM foods, focusing in particular upon the pervasive role that the substantial equivalence doctrine has played in that regime. Finally, Part III suggests a more precautionary approach toward regulating GM foods that …

Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith

University of Michigan Journal of Law Reform

This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …

In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky

University of Michigan Journal of Law Reform

This Note argues against the adoption of a crime fraud exception to the federal psychotherapist-patient privilege. Part I argues that the restrictive legal elements of the privilege adequately exclude fraudulent or criminal statements from protection. Part II addresses the needed distinction between the dangerous patient exception and the crime fraud exception to the psychotherapist-patient privilege and concludes that the adoption of a crime fraud exception would threaten a limited dangerous patient exception. Part III contends that the policies underlying the attorney-client and psychotherapist-patient privileges must be distinguished and do not merit a shared crime fraud exception. This Note concludes that …

Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn

University of Michigan Journal of Law Reform

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

Balancing Interests: Statute Of Limitations And Repose In Medical Malpractice Cases, Laurie L. Paterson

LLM Theses and Essays

In the 1970s a crisis occurred in the medical malpractice insurance industry. As tort law began to favor plaintiffs, the number and severity of medical malpractice claims increased. Insurance companies inundated with a deluge of claims correspondingly increased their premiums or pulled out of the malpractice insurance industry all together. Some physicians were unable to obtain medical malpractice insurance and others were faced with as much as a 300% rise in insurance premiums. As a result, the medical profession urged states to enact medical malpractice tort reform. Some states’ tort reform included legislation such as award caps, collateral source offset, …

How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider

Articles

Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the …

Property Law Serves Human Society: A First-Year Course Agenda, Peter W. Salsich

Saint Louis University Law Journal

No abstract provided.

Table Of Contents--Issue 4, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Motions 2002 Volume 37 Number 8, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

The Charter And Health Care: Guaranteeing Timely Access To Health Care For Canadians, Patrick Monahan, Stanley H. Hartt

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.