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Articles 1 - 7 of 7
Full-Text Articles in Law
Conant V. Walters: A Misapplication Of Free Speech Rights In The Doctor-Patient Relationship, Katharine M. Mccarthy
Conant V. Walters: A Misapplication Of Free Speech Rights In The Doctor-Patient Relationship, Katharine M. Mccarthy
Maine Law Review
In Conant v. Walters, the United States Court of Appeals for the Ninth Circuit addressed the application of the First Amendment's right of free speech to a federal policy that prohibited the recommendation of medical marijuana by physicians. This class action suit, brought by physicians and severely ill patients, successfully enjoined the federal government from enforcing its policy revoking the federal prescriptive licenses of physicians who recommend or approve of marijuana use by patients suffering from certain severe illnesses. The federal government's policy, issued in 1996 through a statement of Barry McCaffrey, director of the Office of National Drug Control …
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship
[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
Hari Osofsky
Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air moves around over …
Thoughts On The Vitality Of Erie, John B. Corr
Thoughts On The Vitality Of Erie, John B. Corr
John (Bernie) Corr
No abstract provided.
Thoughts On The Vitality Of Erie, John B. Corr
Thoughts On The Vitality Of Erie, John B. Corr
John (Bernie) Corr
No abstract provided.
Real Discrimination?, Erwin Chemerinsky
Real Discrimination?, Erwin Chemerinsky
Erwin Chemerinsky
Part I of this Essay examines Hibbs and criticizes the distinction that it draws in allowing Congress much greater authority to act under Section 5 for some types of discrimination than for others. Part II explains the Court’s error by focusing on a specific example: the authority to sue states under Title II of the Americans with Disabilities Act for discrimination against people with disabilities in government programs, services, and activities. Under the reasoning in Hibbs, Congress does not have the same authority to authorize suits against disability discrimination as it does for gender discrimination. This is fundamentally misguided, as …
What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young
What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young
Faculty Scholarship
No abstract provided.