Law Commons^™

Pharmacogenomics And The Genetic Information Nondiscrimination Act Of 2008: Legislation Limitations And Its Impact On Pgx Research And Clinical Opportunity, Amanda Tessmer

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Trouble With Negligence Per Se, Robert F. Blomquist

South Carolina Law Review

No abstract provided.

Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann

Indiana Law Journal

It is traditionally assumed that the role of ascertaining and evaluating the social facts underlying a statute belongs to the legislatures. The courts in turn are tasked with deciding the law and must defer to legislative fact-finding on relevant issues of social fact. This simplistic formula, however, does not accurately describe the courts' confused approach to legislative fact-finding. Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding …

Foreword, Hon. Martha L. Walters

Hofstra Law Review

No abstract provided.

Uniform Collaborative Law Act, National Conference Of Commissioners On Uniform State Laws

Hofstra Law Review

This prefatory note is designed to facilitate understanding of the Uniform Collaborative Law Act by:

* providing an overview of what collaborative law is, its growth and development, and its benefits to parties, the public, and the legal profession;

* summarizing main provisions of the Uniform Collaborative Law Act;

* discussing the major policy issues addressed during the act's development and drafting-for example, appropriate scope of regulation, informed consent, and domestic violence; and

* identifying the reasons why the Uniform Collaborative Law Act should be a uniform act.

The text of the act, with comments on specific sections, follows this …

Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh

Articles, Book Chapters, & Popular Press

In January 2009, the federal government issued a discussion paper that details its preferred regulatory route for enabling a legislative framework. This route is to referentially incorporate provincial legislation regarding operational standards through a framework statute, and then develop the details of the regime through regulations to be developed in consultation with First Nations over the next few years. Importantly, the opening sentence of the discussion paper's executive summary expressly connects water and public health. It reads: "The provision of safe drinking water and the effective treatment of wastewater are critical in ensuring the health and safety of First Nations …

Social And Economic Rights In Canada: What Are They And Who Can Best Protect Them?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article examines the development and current status of positive social and economic rights in Canada. Exploring the comparative competence of legislatures, courts and human rights tribunals, Wayne MacKay suggests that courts should depart, with caution, from their traditional deferential role to legislators. Due to their flexibility and accessibility, HR Tribunals should supplement the role of the courts and legislatures in giving effect to social and economic rights, which should form part of a holistic package of human rights in Canada.

Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar

Faculty Publications

One of the most valuable—and disturbing—insights offered by public choice theory has been the recognition that wealthy, well-organized interests with narrow, intense preferences often dominate the legislative process while diffuse, unorganized interests go under-represented. Responding to this insight, legal scholars in the fields of statutory interpretation and administrative law have suggested that the solution to the problem of representational inequality lies with the courts. Indeed, over the past two decades, scholars in these fields have offered up a host of John Hart Ely-inspired representation reinforcing "canons of construction," designed to encourage judges to use their role as statutory interpreters to …

Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D.

Journal of Law and Health

Dr. X is a young, charismatic, board-certified surgeon at the local hospital. While popular among her patients and non-surgical colleagues, to the established surgical "Old Guard," she appears somewhat of a threat. Her training in new advanced techniques, coupled with splendid bedside manner, has caused her practice to become quite busy. However, disruption in some well-established referral patterns has occurred, and business has been siphoned away from her older colleagues. . . . This hypothetical - but not uncommonly recurring - fact pattern demonstrates the destruction of a promising medical career, elimination of competition, promotion of status quo cronyism, and …

Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs

Publications

No abstract provided.

The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith

Hofstra Law Review

No abstract provided.

Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat

Duke Journal of Gender Law & Policy

[...] visitation rights are considered to arise from the very fact of parenthood, so that parents are entitled to this right simply by being legally recognized as parents. [...] visitation rights are subject to the general rule of parental exclusivity: only a child's legal parents have rights considered parental, and non-parents cannot acquire them.

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.

Writer's Block - Resolve To Become A Better Writer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Missing Jurisprudence Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Does the fourteenth Amendment and its Equal Protection Clause — the promise that "no state shall deny equal protection of the laws" — have any relevance to the progressive project of reducing economic inequality in various spheres of life or, more modestly, of ameliorating the multiple vulnerabilities of this country's poor people? The short answer, I believe, is, it depends. It will depend, in 2020, just as it depends now, on what we mean by the Constitution we are expounding: the Constitution as read and interpreted by courts — the adjudicated Constitution — or what I propose to call the …

Super Wicked Problems And Climate Change: Restraining The Present To Liberate The Future, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Climate change may soon have its “lawmaking moment” in the United States. The inherent problem with such lawmaking moments, however, is just that: they are moments. What Congress and the President do with much fanfare can quickly and quietly slip away in the ensuing years. This is famously so for environmental law. Subsequent legislative amendments, limited budgets, appropriations riders, interpretive agency rulings, massive delays in rulemaking, and simple nonenforcement are more than capable of converting a seemingly uncompromising legal mandate into nothing more than a symbolic aspirational statement. Climate change legislation is especially vulnerable to being unraveled over time for …

The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton

Articles

No abstract provided.

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Articles

No abstract provided.

Judging Congress, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Missouri V. Holland And Historical Textualism , Michael D. Ramsey

Missouri Law Review

This essay does not undertake to say what the Holland rule should be today; instead, it advances a methodology to determine the Constitution's original meaning on the matter. Its approach, for want of a better phrase, I will call "historical textualism." In brief, historical textualism finds constitutional meaning in the specific words of the Constitution's text as they were situated and understood in the context in which they were written. Applying that approach, I find full support for Holland's conclusion in the Constitution's original meaning. That conclusion differs from other studies which have relied on "originalist" analysis to find subject …

Bills Introduced In The 110th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts bills introduced in the 110th Congress regarding flexible work arrangements.

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo

Duke Journal of Comparative & International Law

No abstract provided.

Taking Distribution Seriously, Robert C. Hockett

Cornell Law Faculty Working Papers

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.

To attend systematically to the inter-translatability of maximization language on …

From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel

South Carolina Law Review

No abstract provided.

State Legislative Update, Gregory Cassens, Matthew D. Decker, Carly Duvall, Claire Mcguire

Journal of Dispute Resolution

The purpose of this Bill is to provide an alternative approach for individuals with a cause of action against a municipality.' Rather than the costly and time-consuming traditional method of hiring an attorney and filing a lawsuit, House Bill 2631 offers individuals an opportunity for Alternative Dispute Resolution ("ADR") in the form of arbitration. The Bill would allow any individual with a claim in contract or tort against a municipality to require the municipality to submit to the arbitration of the claim. The purpose of House Bill 2631 is to facilitate the resolution of individual claims against a city. However, …

Press Freedom In Egypt, Amira Abdel Fattah Hussein

Archived Theses and Dissertations

In many countries, those who dare to criticize their governments, speak on behalf of a suppressed minority, or call for political or economic reforms are often portrayed as "traitors" trying to disseminate hatred and hostility and disturb national stability. In such cases, states that are often "equipped" with tailor-made national laws, remaining on alert to punish those who are courageous enough to challenge their governments can easily harass those who dare to defy the state's policies, measures or even orientation. As noted by James D. Seymour in his article Indices of Political Imprisonment, imprisonment is one of the most …

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …

The Political Use Of Private Benevolence: The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the circumstances that led to the passage of the Statute of Charitable Uses of 1601, whose preamble unintentionally created a definition charity that resonates in the law today. The Statute was part of a legislative package of poor laws passed by Parliament to deal with an economic and political crisis that threatened the Tudor regime. The Statute’s primary purpose was to provide a mechanism to make trustees accountable for the appropriate administration of charitable assets, which in turn would encourage increased private charity for the relief of poverty, lessoning the tax burden of poor relief. Certain charitable …

A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha

Law and Contemporary Problems

Tamanaha discusses Marc Galanter's holistic vision of the socio-legal terrain. Galanter's socio-legal vision has two central overlapping foci, and he always keeps an eye on each and on their interaction. The first focus is the official state legal system, which he examines from every conceivable angle: who becomes lawyers, how are they trained, how many lawyers are there, what are the circumstances of their work environment, who pays for their services. Galanter also focuses on what they are not doing (intentionally or otherwise), inquiring into the implications and consequences of their inaction. These inquiries extend from the official legal system …

Legal Limits On Religious Conversion In India, Laura Dudley Jenkins

Law and Contemporary Problems

In contemporary India, government assessments of the legitimacy of conversions tend to rely on two assumptions: first, that people who convert in groups may not have freely chosen conversion, and second, that certain groups are particularly vulnerable to being lured into changing their religion. These assumptions, which pervade the anticonversion laws as well as related court decisions and government committee reports, reinforce social constructions of women and lower castes as inherently naive and susceptible to manipulation. Here, Jenkins contends to carefully scrutinized the assumptions since like "protective" laws in many other contexts, such laws restrict freedom in highly personal, individual …