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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 …

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

South Carolina Law Review

No abstract provided.

The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum

Dalhousie Law Journal

The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.

The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank

Faculty Articles and Other Publications

The focus of this Article is twofold. First, the Article will show that EPA's reform initiatives are severely hampered by a lack of legal authority, and proposes that Congress give EPA sufficient authority to enact needed reforms. Second, this Article will address concerns that reform will lead to inferior environmental protection and public participation. This Article proposes a number of statutory provisions to ensure that, once EPA has sufficient authority to pursue its reform agenda the agency will do so in a way that avoids a diminution of public health safeguards.

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.

Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty

Human Rights Brief

No abstract provided.

The Illusion Of Autonomy At The End Of Life: Unconsented Life Support And The Wrongful Life Analogy, Philip G. Peters Jr.

Faculty Publications

Overwhelming evidence indicates that physicians routinely ignore patient preferences about life-sustaining care. Yet, the ability of wrongfully treated patients to recover compensatory damages has recently been placed in doubt. Both courts and commentators have suggested that actions for unconsented life support are analogous to actions for wrongful life and should, for that reason, be rejected. In this article, Professor Philip Peters argues that the obvious similarity between the two kinds of claims is overshadowed by many factors that distinguish the two settings. As a result, Professor Peters concludes that a physician who wrongfully administers life-sustaining care over the objections of …

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.

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves

Journal of Health Care Law and Policy

No abstract provided.

Shall - Take No. 2, Debra R. Cohen

Journal Articles

No abstract provided.

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry

Animal Law Review

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legis­lative agenda in is this area. She also provides a current legislative update for each bill involved.

The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley

Northern Illinois University Law Review

This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.

Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood

Dalhousie Law Journal

The Canadian health care system is considered a shining example of what it is to be Canadian: to aspire to social justice goals and to achieve those goals at a reasonable cost.' Canadians take great pride in that, by any measure, their health care system is superior to the piece-meal, expensive, and unjust U.S. health care system.

Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton

South Carolina Law Review

No abstract provided.

When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg

Cardozo Law Review

Collateral for a mortgage is usually real property which, in the event that the mortgagor (borrower) defaults, is often sold by the mortgagee (lender) in a foreclosure sale. When the collateral consists of multiple parcels of real property and sale of the first parcel fails to realize the full amount of the outstanding debt, a deficiency results. The mortgagee next expects to sell the remaining properties in an attempt to secure full payment of this deficiency.

An Examination Of Ronald Edmonds' Effective Schools Theory Applied To Various Grades In Two Demographically Different Oklahoma City Elementary Schools, Faluv Tunley

McCabe Thesis Collection

Effective schools research has been a key to the improvement of education for many urban school children, especially in large cities such as New York City and Chicago, Illinois. This research has revealed many different ideologies on helping a child learn, helping teachers teach, and giving administrators the tools to handle their schools more efficiently. Effective schools research also addresses parents and their involvement in the school system. One researcher who constantly pushed Effective Schools research is Dr. Ronald R. Edmonds. Edmonds, along with many other researchers helped to restructure the urban area schools in New York City and Michigan …

Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane

Dalhousie Law Journal

The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.

Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth

Dalhousie Law Journal

The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.

Section 8(C) Of The Proposed Restatement (Third) Of Torts: Is It Really What The Doctor Ordered , Jeffrey D. Winchester

Cornell Law Review

No abstract provided.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris

Faculty Scholarship

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …

Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy

Cleveland State Law Review

Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …

The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell

Osgoode Hall Law Journal

This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to block a legislative objective, but rather to influence the design of implementing legislation. Charter cases cause a public debate in which Charter-protected rights have a more prominent role than they would have if there had been no …

Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Note On The Nineteenth Century Law Of Seduction, J M. Bumsted, Wendy J. Owen

Dalhousie Law Journal

The authors examine Prince Edward Island's Seduction Act of 1876, which departed from the model of seduction legislation of other Canadian provinces. Based on study of the limited surviving court records they note a number of ways in which the tort of seduction operated differently in nineteenth century Prince Edward Island than it did elsewhere

Law Reports From A Non-Colony And A Penal Colony: The Australian Manuscript Decisions Of Sir Francis Forbes As Chief Justice Of Newfoundland, Bruce Kercher

Dalhousie Law Journal

The author reports on the existence and contents of a manuscript copy of a selection of judgments by Sir Francis Forbes while he was Chief Justice of Newfoundland from 1817-1822. The manuscript found its way into the State Library of New South Wales sometime after Forbes' translation to New South Wales as its first Chief Justice in 1823. The author comments on the insights these manuscript reports afford of the early legal history of Newfoundland as it developed into a British colony. In particular, he draws attention to the significance of twenty-nine judgments in the manuscript but not available in …

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Health Care Cooperation Act: Panacea Or Peril, Natalma M. Mcknew, Sandra L. W. Miller

South Carolina Law Review

No abstract provided.

Mandatory Reporting Of Suspected Elder Abuse And Neglect: A Practical And Ethical Evaluation Stephen G. Coughlan, Barbara Downe-Wamboldt, Robert G. Elgie, Joan Harbison, Pat Melanson, Marina Morrow

Dalhousie Law Journal

The Province of Nova Scotia, in keeping with a growing North American trend, has enacted the Adult Protection Act, a law which makes the reporting of elder abuse mandatory in certain instances. This article examines the practical and ethical justifications for such a law and discusses whether scarce public funding and resources might be better allocated in a different manner to combat this serious, but somewhat misconceived, problem. The authors conclude that the legislation may be inappropriate, since from a practical perspective it is unlikely to alter current behaviour and from an ethical perspective, it is unclear that all ethical …

Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center

Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12)

15 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on March 12, 1996.

Includes biographical information for Wade Buchanan, David A. Pampu, and Christine Lipaj Shaver.

With communities along Colorado's Front Range continuing to grow at a rapid rate, government, private businesses and citizens are faced with difficult choices concerning air quality and transportation. Can we control the "brown cloud" and increasing congestion on our roads and freeways? What decisions and sacrifices must be made, and who will take responsibility for them? Wade Buchanan, Chairman of the Regional Air Quality Council (RAQC), …