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Articles 4531 - 4560 of 6239
Full-Text Articles in Law
Front Matter
St. Thomas Law Review
Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 13, Issue 4, Summer 2001.
Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde
Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde
St. Thomas Law Review
The central theme and thrust of this article is that Jewish law is comfortable with humans as caretakers of nature, even if that entails "correcting" natural genetic flaws, and that the Jewish tradition has a bi-directional definition of humanness, with one being human either by being from a human mother or by being capable of human thought, and that within those parameters genetic engineering is to be treated like any other form of medical treatment, which is proper when used to benefit humanity.
On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick
On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick
St. Thomas Law Review
In short, we need to be able to argue about the sacred. The next section contains a few brief remarks about the general idea of the sacred and whether we can and how we can argue about the sacred. In the remainder of the paper, consideration is given to the more specific appeal to the sacred made in discussions about genetic engineering, and some defenses of that notion.
Islam And The New Genetics, Mohamed Fadel
Islam And The New Genetics, Mohamed Fadel
St. Thomas Law Review
Muslims, along with other people of conscience, have followed the recent developments in the field of genetics with a combination of awe and trepidation - awe at the ability of modem science to plumb ever more deeply into the mechanics of life, but with fear stemming from suspicion that these discoveries and the incipient technologies developing in their wake permitting the manipulation of life will not be sufficiently controlled by the higher moral purposes imposed upon us by God. Nevertheless, with the exception of human replication by cloning,' Muslim theologians across the board seem willing to adopt a "wait and …
A Protestant Perspective On The New Genetics: Are People And Institutions Of Faith Prepared To Lead, Jesse C. Jones
A Protestant Perspective On The New Genetics: Are People And Institutions Of Faith Prepared To Lead, Jesse C. Jones
St. Thomas Law Review
No abstract provided.
Genetic Research In Third World (Developing) Countries--Science Or Exploitation, Anthony Mullings
Genetic Research In Third World (Developing) Countries--Science Or Exploitation, Anthony Mullings
St. Thomas Law Review
No abstract provided.
Health Care In America: Why We Need Universal Health Care And Why We Need It Now, James B. Roche
Health Care In America: Why We Need Universal Health Care And Why We Need It Now, James B. Roche
St. Thomas Law Review
The United States is the sole remaining Western democracy to continue to allow a large "percentage of its population to go entirely without health insurance coverage." The world is left to ponder why and how the most affluent nation on the planet can continue with a health care system which is unable to contain costs and leaves over forty million citizens with no health insurance and millions more with inadequate coverage. The failure of the nation's health care delivery system continues to plague the United States in the twenty first century as one of the nation's most important unresolved social …
The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara
The Intersection Of Law And Medicine Legal Ethics In Medicine: Foreword, Kathy L. Cerminara
St. Thomas Law Review
Foreword: The Intersection of Law and Medicine by Kathy L. Cerminara.
End-Of-Life Care In Florida: Should The Law Follow The Lobbyists Or The People's Wishes, Alison Cossetti
End-Of-Life Care In Florida: Should The Law Follow The Lobbyists Or The People's Wishes, Alison Cossetti
St. Thomas Law Review
One of the hottest topics on the minds and lips of many Floridians is end-of-life care. This is understandable since the state of Florida contains the largest percentage of elderly individuals, the third highest amount of people afflicted with the AIDS virus, and the fourth largest number of deaths per year from chronic obstructive pulmonary disease and heart disease in the nation. The Florida Legislature realizes that the state is extremely diverse in the areas of ethnicity, race, cultural customs, and religious beliefs, and believes that a person's experience with death, the process of dying, and their choices pertaining to …
Advance Directives: Taking Control Of End-Of-Life Decisions, Anita Cava
Advance Directives: Taking Control Of End-Of-Life Decisions, Anita Cava
St. Thomas Law Review
No abstract provided.
Innocent Of Empirical Rigor, Derry Ridgway
Innocent Of Empirical Rigor, Derry Ridgway
St. Thomas Law Review
The paper begins, as the research did, with a review of published judicial decisions concerning the medical care of children. It then examines the role played by medical science in those decisions. The review suggests that when American courts make determinations about children's medical care, they customarily do so without knowing or crediting the relevant and available science - a failure of comprehension - or without applying the available empirical knowledge to the case at hand - a failure of scientific reasoning - or both. The paper concludes with a proposal that might bring future decisions into better alignment with …
Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn
Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn
St. Thomas Law Review
No abstract provided.
Community Participation And Representation In Genetic Studies: Testing The Application Of Fundamental Ethical Principles, Arturo Brito
Community Participation And Representation In Genetic Studies: Testing The Application Of Fundamental Ethical Principles, Arturo Brito
St. Thomas Law Review
Recent advances in the Human Genome Project (HGP) and its promise for the betterment of human health has escalated public consciousness about the science of genetics as well as concern about possible misuse of information garnered from this field. However, it is important to emphasize that neither genetics nor its associated and undesirable ideology of eugenics is new. In fact, eugenics was well established by the close of the 19th century, most influenced by the interpretation of Mendel's famous breeding experiments. Foremost in these explications were the works of biologist Charles Davenport in the United States and the "Victorian polymath" …
Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald
Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald
St. Thomas Law Review
No abstract provided.
The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
St. Thomas Law Review
Susan J. Ferrell Keynote Address by Vis. Prof. Dr. Erica-Irene A. Daes, Chairperson of the UN Working Group on Indigenous Populations.
Front Matter
St. Thomas Law Review
Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 14, Issue 2, Winter 2001.
Protection For Indigenous Knowledge: An International Law Analysis, Miriam L. Quinn
Protection For Indigenous Knowledge: An International Law Analysis, Miriam L. Quinn
St. Thomas Law Review
A "Medicine Man"' working for the research foundation, Aston Laboratories, lost the cure for cancer. Dr. Robert Campbell, a brilliant research doctor stationed deep in the rainforests of Brazil, is on an assignment that could change the world of medicine forever. He is looking for a type of plant mutation that local medicine men, or witch doctors, use to cure cancer. The research was well-funded for many years until failure to report progress to the sponsoring foundation puts the project on hold. A young scientist, Dr. Rae Crane, goes to his rescue, learns of this magnificent cure and tries to …
Defending Indigenous Peoples' Heritage: An Introduction, Siegfried Wiessner
Defending Indigenous Peoples' Heritage: An Introduction, Siegfried Wiessner
St. Thomas Law Review
No abstract provided.
The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe
The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe
St. Thomas Law Review
Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …
Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie
Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie
St. Thomas Law Review
Let me identify my people and myself. In Florida, there are the Seminole Tribe, Incorporated and the Miccosukee Tribe, Incorporated. We have kept the tradition of the Independent Traditional Seminole Nation of Florida. We have not given up our land, our way of life, and our traditions. We have never signed a peace treaty, we never accepted a government handout, we did not accept anything. We try to maintain the gift of the Creator's way of life. We believe it gives us continuously the way of life. Nobody has to recognize us as to who we are as long as …
Sovereignty Myths And Intergovernmental Realities: The Etiquette Of Tribal Federalism, Alfred R. Light
Sovereignty Myths And Intergovernmental Realities: The Etiquette Of Tribal Federalism, Alfred R. Light
St. Thomas Law Review
Here I wish to make two points. First, as a political scientist speaking to lawyers, I contend that sovereignty and dual sovereignty themselves are largely myths. The reality is a much more complicated and pragmatic intergovernmental relations. Second, as a teacher of constitutional law, speaking to other lawyers, I perceive developments regarding tribal sovereignty to have a haunting familiarity. The United States Supreme Court elaborates a doctrine of "inherent tribal sovereignty" using language strikingly similar to that used in the past to describe "dual sovereignty." American Indian scholars may benefit from a contrast of "dual sovereignty" and "inherent tribal sovereignty."
Exercising Self-Determination Without Jeopardising The Rights Of The Others: The Catalan Model, Puig I. Scotoni
Exercising Self-Determination Without Jeopardising The Rights Of The Others: The Catalan Model, Puig I. Scotoni
St. Thomas Law Review
I have entitled my remarks "Exercising self-determination without jeopardising the rights of the others: the Catalan model."' This is because present day Catalan nationalism strives to make the interests of Catalonia compatible with those of Spain and the European Union. In my opinion, such political restraint and flexibility is one of the most remarkable aspects of the Catalan model.
Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine
Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine
St. Thomas Law Review
This article will first, summarize the law as it was before Hicks and second, focus on the various concurring opinions found in Hicks. Then, it will analyze the nature of the tribal right to exclude in an attempt to reconcile the results reached by the U.S. Supreme Court in terms of federalist principles. The article continues by arguing that Hicks can be conceived of as a special case requiring a clear statement from Congress before tribal jurisdiction can be judicially acknowledged. Finally, the article concludes by debating whether tribal powers, having been judicially divested, can be resuscitated through legislation, and …
Indigenous Autonomy And Its Problems: A Vision From The Russian Far East, Petra Rethmann
Indigenous Autonomy And Its Problems: A Vision From The Russian Far East, Petra Rethmann
St. Thomas Law Review
This essay discusses one vision of self-determination among Luoravetlan women and men in the Chukotka peninsula in the Russian Far East. Self-determination can have many meanings, but the one this essay emphasizes is based on tradition: on the intricate connections between humans, animals, and land, with shared premises, close kin groups, and local production relations. Contemporary Luoravetlan women and men argue that self-determination is bound to fail if it does not take serious the complex interrelations between people and the land in which their social understandings are rooted, and through which their core institutions and values are ensured. This essay …
Creativity And The Law, Alfred C. Aman Jr.
Creativity And The Law, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
A Law Culture Diagnostic, James R. Elkins
A Law Culture Diagnostic, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Marquette Sports Law Review
No abstract provided.
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Articles & Book Chapters
In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
Articles & Book Chapters
Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.
Faculty Scholarship
The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …