Law Commons^™

Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews

Publications and Research

No abstract provided.

What’S The Score?: Does The Right Of Publicity Protect Professional Sports Leagues?, Pamela Edwards

Publications and Research

No abstract provided.

Availability Of Domestic Violence Services For Latinas In New York State, Preliminary Report, Jenny Rivera

Publications and Research

No abstract provided.

Intimate Partner Violence Strategies: Models For Community Participation, Jenny Rivera

Publications and Research

No abstract provided.

Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey Kirchmeier

Publications and Research

No abstract provided.

When Men Harass Men: Is It Sexual Harassment?, Deborah Zalesne

Publications and Research

No abstract provided.

What We're Not Telling Law Students -- And Lawyers -- That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

A New Conceptual Framework For Jordan River Basin Management: A Proposal For A Trusteeship Commission, Melanne Andromecca Civic

Colorado Environmental Law Journal

No abstract provided.

Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler

Faculty Publications

This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …

Foreword, John D. Blum

Annals of Health Law and Life Sciences

No abstract provided.

Regulating Managed Care Coverage: A New Direction For Health-Planning Agencies, Thaddeus J. Nodzenski

Annals of Health Law and Life Sciences

The article focuses on the role of health planning agencies in the context of managed care. The author argues that health planning agencies can be redirected toward assessment of managed care plans. Planning entities can be used to evaluate the viability of managed care markets taking into account societal, financial and medical considerations.

Managed Care At The Crossroads: Can Managed Care Organizations Survive Government Regulation?, Vickie Yates Brown, Barbara Reid Hartung

Annals of Health Law and Life Sciences

Attorneys Brown and Hartung provide a comprehensive overview of the development and structural components of managed health care plans. The article discusses the state regulatory controls affecting managed care including Patient Protection Acts. Mandated benefit provisions, any willing provider laws, and consumer access provisions. The article considers liability problems facing managed care organizations, in particular liabilities which arise from utilization and medical review discussions as well as gag clauses and financial incentive arrangements. The authors also review relevant federal regulatory initiatives.

Boards Of Directors Under Fire: An Examination Of Nonprofit Board Duties In The Health Care Environment, Naomi Ono

Annals of Health Law and Life Sciences

Attorney Ono presents a detailed discussion of fiduciary duty principles as applied to the directors of nonprofit health care corporations in the current health care environment. The article reviews general corporate responsibilities, the implication of the taxpayer's Bill of Rights 2, the care of In re Caremark International Inc. Derivative Litigation and particular issues faced by boards in nonprofit conversions.

Recent Chages To The Internal Revenue Code May Require Tax-Exempt Hospitals To Restructure Ownership Of Certain Activities, Joseph C. Mandarino

Annals of Health Law and Life Sciences

This article by attorney Mandarino explores the implications of a 1997 change in the Internal Revenue Code affecting tax-exempt hospitals which run or operate for-profit businesses. The piece explores the application of prior law to hospital ownership of for profit ventures and continues on to review the implications of the 1997 amendment, particularly on existing structures. The article concludes with suggestions to avoid applications of the amended section.

Responsibilities Of Directors Of Not-For-Profit Corporations Faced With Sharing Control With Other Nonprofit Organizations In Health Industry Affiliations: A Commentary On Legal And Practical Realities, L. Edward Bryant Jr.

Annals of Health Law and Life Sciences

This article concerns the legal responsibilities of not-for-profit corporation directors in merges and affiliations with other not-for-profits. The article considers three sets of legal duties board members have, ancillary contractual obligations, madatory statutes and procedural laws, and contextual legal duties.

Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani

UC Law SF International Law Review

No abstract provided.

Beyond Misguided Paternalism: Resuscitating The Right To Refuse Medical Treatment, S. Elizabeth Malloy

Faculty Articles and Other Publications

The author focuses on the failure of the courts to provide a remedy for the right to refuse medical treatment. Health care providers, for a number of reasons, often ignore patient requests to forgo certain life-extending medical procedures. The courts have generally allowed medical professionals complete discretion in deciding whether to honor patients' requests. When patients
or their estates sue health care providers for violation of the right to refuse treatment, courts have refused to award damages. By failing to provide a remedy, the courts effectively make the right a meaningless one. While acknowledging the importance of physician autonomy, the …

Jurisdictional Restraints On The Federal Labor Relations Authority: A Split In The Circuits, Brian Daniel Pfeiffer

Hofstra Labor & Employment Law Journal

No abstract provided.

Lost In A Doctrinal Wasteland: The Exceptionalism Of Doctor-Patient Speech Within The Rehnquist Court's First Amendment Jurisprudence, Paula Berg

Publications and Research

No abstract provided.

Reinventing Tax Scholarship: Lawyers Economists And The Role Of The Legal Academy , Michael A. Livingston

Cornell Law Review

No abstract provided.

The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain

Michigan Journal of International Law

This essay examines the substantial bilateral relationships between the domestic and international legal systems that have had enormous effects on the perception and efficacy of the local legal order. In particular, it charts the effect of the International Tribunal for the Former Yugoslavia on local legal culture and the potential for greater liaison and support between local and international legal entities. This essay also notes the extent to which overlapping and confused mandates by a myriad of international organizations, many of which exercise legal functions, have been unresponsive to or dismissive of localized capacity.

The National Securities Market Improvement Act: How Improved Is The Securities Market?, Douglas J. Dorsch

Duquesne Law Review

No abstract provided.

The Federal Refund Regulations And Student Financial Assistance: A Plea For Change, David Gould

Duquesne Law Review

No abstract provided.

Traps For The Unwary: Why Counsel Should Think Twice Before Joining Additional Parties In Civil Litigation, John D. Goetz, Jennifer Brinkman Flannery

Duquesne Law Review

One of the first important strategy decisions that defense counsel across the Commonwealth often face at the outset of a civil case is whether to join a third party as an additional defendant. Many counsel make the decision quickly, with only minimal information, in an attempt to shift to the joined party all of the liability for the plaintiffs claim. Because of the Pennsylvania courts' interpretation of the joinder rules, however, a defendant's decision to join a third party, although well intentioned, may create explosive, adverse consequences at trial. This article critically examines the courts' interpretation of the joinder rules …

Professional Ethics - Attorney Misconduct - Rules Of Disciplinary Enforcement, Gerald J. Kross

Duquesne Law Review

The Supreme Court of Pennsylvania held that because of the "egregious" nature of the offense an attorney may not rely on purported "mitigating evidence" to avoid disbarment when he perpetrates a fraud on the judicial system by using an impersonator to orchestrate the conviction of one client to benefit another client.

Office of Disciplinary Counsel v. Raiford, 687 A.2d 1118 (Pa. 1997).

Private Enforcement Of The Social Contract: Deshaney And The Second Amendment Right To Own Firearms, David E. Murley

Duquesne Law Review

What is the meaning of the phrase "the right to bear arms"? The United States Supreme Court has not granted certiorari to a Second Amendment case since 1939. The author suggests that the Court's ruling in DeShaney v. Winnebago County Dep't of Social Svcs. provides an important insight into Second Amendment issues that should be considered by citizens, legislators, and the Court in resolving the gun control controversy.

Nexus On The Net: A Taxing Question, Brian G. Ritz

Duquesne Law Review

No abstract provided.

Constitutional Law - Procedural Due Process - Employment - Suspension - State Employees, Matthew Q. Ammon

Duquesne Law Review

The Supreme Court of the United States held that a state university employee suspended without pay due to his arrest on drug-related charges was not entitled under the Due Process Clause to notice and a hearing prior to his suspension.

Gilbert v. Homar, 117 S. Ct. 1807 (1997).

Comments - Titles - Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.