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Articles 1261 - 1290 of 1943
Full-Text Articles in Law
Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii
Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii
Missouri Law Review
At the dawn of the new millennium, the mysteries of the human genome' are being revealed: A working draft of ninety percent of the human genome sequence is expected to be completed by mid-2000, five years ahead of schedule.2 Few endeavors in human history have promised so much while causing so much concern.
Common Law Misappropriation In The Digital Era, Dale P. Olson
Common Law Misappropriation In The Digital Era, Dale P. Olson
Missouri Law Review
Information is often valuable and when publicly disclosed may be difficult to protect or control.' Such information, whether in the form of data or a product configuration, unless it can be exploited while keeping it secret,2 is accordingly susceptible to copying by competitors absent legal protection. The law, however, has not provided a framework that supplements the armamentarium of federal intellectual property law3 because the protection authorized by federal constitutional limits also thrust works into the public domain. The evolving technological developments which permit the effectively instantaneous transmission of information, as well as the inexpensive copying of trade values in …
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Missouri Law Review
A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …
Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner
Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner
Missouri Law Review
In most lawsuits, plaintiffs' medical experts can accurately allocate plaintiffs' injuries to a specific, causal factor. In some instances, however, two events may combine to cause an injury that is incapable of rational apportionment, even by the most learned medical expert. In such a case, the indivisible injury doctrine may relieve a plaintiff of the difficult burden of proving which tortfeasor caused her injuries. The indivisible injury doctrine, however, does not benefit all plaintiffs who have suffered an injury that cannot be apportioned. As illustrated by the instant case, certain plaintiffs must prove the impossible, namely, which tortfeasor caused their …
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
South Carolina Law Review
No abstract provided.
Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy
Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy
Law Faculty Scholarly Articles
Statutory interpretation is the process of discerning the meaning of legislation, and U.S. law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. As a result, U.S. litigants often are uncertain about the interpretive approach a court will apply to a statute, even though the choice of the interpretive approach may determine the outcome of the litigation. Until the recent decision in Pepper (Inspector of Taxes) v. Hart, English approaches to statutory interpretation were more circumscribed because English courts foreclosed the intentionalist approach. This Article considers the impact that Pepper has had on statutory …
Religion And Democracy, Steven Shiffrin
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Missouri Law Review
Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Missouri Law Review
In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
Harming Future Persons: Obligations To The Children Of Reproductive Technology, Philip G. Peters Jr.
Harming Future Persons: Obligations To The Children Of Reproductive Technology, Philip G. Peters Jr.
Faculty Publications
Two paradigms dominate contemporary ethical and legal debate about the risks posed to children who owe their lives to reproductive technology. One asks whether the children have lives so tragic that life itself is harmful. The other approach asks whether children so conceived are likely to enjoy a minimally decent existence. Although the two approaches have quite different analytic foundations, they share one crucial trait. Each concludes that children who owe their lives to reproductive technology are harmed only when that technology causes genuinely catastrophic injuries.Because these conventional paradigms define harmful conduct exclusively by reference to the magnitude of the …
Making Disclosure: Ideas And Interests In Canadian Securities Regulation, Christopher C. Nicholis
Making Disclosure: Ideas And Interests In Canadian Securities Regulation, Christopher C. Nicholis
Dalhousie Law Journal
Early in her book, Professor Condon bemoans the general lack of Canadian scholarship in the area of securities regulation. Not only is there very little theoretical work in this field, she notes, but also, "even historically descriptive accounts of the Ontario Securities Commission have been notable by their infrequency" (at 15).'
Annotated Language Laws Of Canada: Constitutional, Federal, Provincial And Territorial Laws, Teresa Scassa
Annotated Language Laws Of Canada: Constitutional, Federal, Provincial And Territorial Laws, Teresa Scassa
Dalhousie Law Journal
Many of Canada's language laws represent an attempt by governments to articulate national or provincial linguistic identities. How fitting, therefore, that Annotated Language Laws of Canada is a work which is itself in search of an identity. There is, in fact, some dissonance between what this book claims to be and what it actually is. Although its cover suggests that it is part of a series of "New Canadian Perspectives," there is little that is new (in the sense of original) in the work, other than the actual compilation. As for perspectives-one of the most striking absences in this work …
Environmental Risk Analysis: Proposed Mandates, 1993-1998, Linda-Jo Schierow
Environmental Risk Analysis: Proposed Mandates, 1993-1998, Linda-Jo Schierow
RISK: Health, Safety & Environment (1990-2002)
Dr. Schierow compares Congressional use, or lack thereof, of risk and cost-benefit analysis in environmental legislation promulgated between 1993 and 1998.
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
An Overview Of The Legal Aspects Of Concession Agreements In Latin America, Quirico G. Serina
An Overview Of The Legal Aspects Of Concession Agreements In Latin America, Quirico G. Serina
ILSA Journal of International & Comparative Law
Over the past decade, the method by which Latin American governments have implemented infrastructure projects has changed dramatically.
Understanding The Nicaraguan Adjustment And Central American Relief Act, Lourdes A. Rodriquez
Understanding The Nicaraguan Adjustment And Central American Relief Act, Lourdes A. Rodriquez
ILSA Journal of International & Comparative Law
On November 19, 1997, President Clinton signed into law the Nicaraguan Adjustment and Central American Relief Act' (NACARA).
Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center
Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1 folded sheet (6 p : ill..) ; 28 cm
Legislative Watch , Human Rights Brief
Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch
Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch
Human Rights Brief
No abstract provided.
Legislative Focus: The Human Rights Information Act, Heather Fox
Legislative Focus: The Human Rights Information Act, Heather Fox
Human Rights Brief
No abstract provided.
Legislative Watch, Human Rights Brief
Legislative Focus: Attempts To Close The United States Army School Of The Americas , Barbara Cochrane Alexander
Legislative Focus: Attempts To Close The United States Army School Of The Americas , Barbara Cochrane Alexander
Human Rights Brief
No abstract provided.
Legislative Watch, Human Rights Brief
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Missouri Law Review
This is a case of too much and too little. It represents one court's attempt to deal with problems created by too much Congressional guidance in one area of the Bankruptcy Code and too little guidance in another. In 1994, Congress revised 11 U.S.C. § 106, adding a provision declaring that when a state files a claim in a bankruptcy proceeding, it has waived its sovereign immunity as to that claim.2 Two years later, the United States Supreme Court,.in Seminole Tribe v. Florida,3 limited Congress's power to expand Article I judicial powers to the Eleventh Amendment . The In re …
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
St. Mary's Law Journal
Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
Touro Law Review
No abstract provided.
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
Scholarly Works
Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …