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Articles 1 - 22 of 22
Full-Text Articles in Law
How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe
How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe
Touro Law Review
No abstract provided.
Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore
Faculty Articles and Other Publications
This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore
Faculty Articles and Other Publications
This case involves a district court’s patent disregard for a deeply mentally impaired defendant’s right to meaningful representation in capital federal habeas proceedings. By funding only 6% of defense counsel’s request for necessary expert and other resources, the District Court violated the constitution, ignored federal statutory mandates, flouted the Supreme Court’s remand order, blocked counsel’s ability to satisfy professional and ethical obligations, publicly disclosed contents of previously protected information about defense strategy, and set a very dangerous precedent for our justice system.
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Marquette Elder's Advisor
Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller
Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller
Journal of Health Care Law and Policy
No abstract provided.
The National Bioethics Advisory Commission: Bridging The Gaps In Human Subjects Research Protection, James F. Childress
The National Bioethics Advisory Commission: Bridging The Gaps In Human Subjects Research Protection, James F. Childress
Journal of Health Care Law and Policy
No abstract provided.
Issues Raised By Research Using Persons Suffering From Dementia Who Have Impaired Decisional Capacity, Peter V. Rabins
Issues Raised By Research Using Persons Suffering From Dementia Who Have Impaired Decisional Capacity, Peter V. Rabins
Journal of Health Care Law and Policy
No abstract provided.
Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano
Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano
Journal of Health Care Law and Policy
No abstract provided.
Proxy Consent To Participation Of The Decisionally Impaired In Medical Research-Maryland's Policy Initiative, Diane E. Hoffmann, Jack Schwartz
Proxy Consent To Participation Of The Decisionally Impaired In Medical Research-Maryland's Policy Initiative, Diane E. Hoffmann, Jack Schwartz
Journal of Health Care Law and Policy
No abstract provided.
Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno
Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno
Journal of Health Care Law and Policy
No abstract provided.
Protecting Vulnerable Research Subjects: Practical Realities Of Institutional Review Board Review And Approval, Alison Wichman
Protecting Vulnerable Research Subjects: Practical Realities Of Institutional Review Board Review And Approval, Alison Wichman
Journal of Health Care Law and Policy
No abstract provided.
In Harm's Way: Research Subjects Who Are Decisionally Impaired, Clarence J. Sundram
In Harm's Way: Research Subjects Who Are Decisionally Impaired, Clarence J. Sundram
Journal of Health Care Law and Policy
No abstract provided.
The Elderly Questionably Competent Client Dilemma: Determining Competency And Dealing With The Incompetent Client, Marilyn Levitt
The Elderly Questionably Competent Client Dilemma: Determining Competency And Dealing With The Incompetent Client, Marilyn Levitt
Journal of Health Care Law and Policy
No abstract provided.
Achieving Proper Balance In Research With Decisionally-Incapacitated Subjects: Nami's Perspectives On The Working Group's Proposal, Laurie M. Flynn, Ronald S. Honberg
Achieving Proper Balance In Research With Decisionally-Incapacitated Subjects: Nami's Perspectives On The Working Group's Proposal, Laurie M. Flynn, Ronald S. Honberg
Journal of Health Care Law and Policy
No abstract provided.
Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love
Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love
Journal of Health Care Law and Policy
No abstract provided.
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Touro Law Review
No abstract provided.
The Application Of New York's Driving While Intoxicated Statute, Elizabeth Gross
The Application Of New York's Driving While Intoxicated Statute, Elizabeth Gross
Fordham Urban Law Journal
This Note analyzes the constitutional issues raised by section 1192 of New York State's Vehicle and Traffic Law. The argument it addresses is that the statute is unconstitutionally vague as it does not define the words "impaired" and "intoxicated." The lack of definition is especially keen where, because of the absence of chemical tests, the courts must decide intoxication cases on objective criteria. The Note then sets forth the major elements necessary for a conviction under the statute with the purpose of clarifying the distinction between intoxication and impairment.