Law Commons^™

Character Evidence Reconsidered: "People Do Not Seem To Be Predictable Characters.", Miguel A. Mendez

UC Law Journal

No abstract provided.

Truth And Its Rivals, Ronald J. Allen

UC Law Journal

No abstract provided.

The Rivalry Between Truth And Privilege: The Weakness Of The Supreme Court's Instrumental Reasoning In Jaffee V. Redmond, 518 U.S. 1 (1996), Edward Imwinkelried

UC Law Journal

No abstract provided.

Brief Amicus Curiae Of Ohio Psychological Association, National Association Of Social Workers And Ohio Chapter, American Academy Of Child And Adolescent Psychiatry, Ohio Human Rights Bar Association And The Lesbian/Gay Community Service Center Of Greater Cleveland In Support Of Appellants, In Re Adoption Of Jane Doe, Ohio Ninth District Case No. 19017, Susan J. Becker

Law Faculty Briefs and Court Documents

I. THE BEST INTERESTS OF CHILDREN ARE PROMOTED BY ALLOWING UNMARKED COUPLES TO BE ABLE TO PETITION TO ADOPT CHILDREN.

II. CHILDREN RAISED BY GAY AND LESBIAN PARENTS ARE AS HAPPY AND HEALTHY AS OTHER CHILDREN AND ARE NOT ADVERSELY AFFECTED BY THEIR PARENTS' SEXUAL ORIENTATION.

III. SECURING A HAPPY AND STABLE HOME LIFE FOR THE CHILD, NOT FALSE ASSUMPTIONS ABOUT LESBIAN AND GAY FAMILIES, SHOULD BE THE COURT'S DETERMINING CONSIDERATION.

A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert

Journal of Law and Health

This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger

Faculty Scholarship

Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …

Medical Implications Of The Genetic Revolution, Monique K. Mansoura, Francis S. Collins

Journal of Health Care Law and Policy

No abstract provided.

What Should The Law Say About Disclosure Of Genetic Information To Relatives?, Ellen Wright Clayton

Journal of Health Care Law and Policy

No abstract provided.

Family Disclosure In Genetic Testing For Cancer Susceptibility: Determinants And Consequences, Caryn Lerman, Beth N. Peshkin, Chanita Hughes, Claudine Isaacs

Journal of Health Care Law and Policy

No abstract provided.

Ethical Responsibilities Of Patients And Clinical Geneticists, Allen Buchanan

Journal of Health Care Law and Policy

No abstract provided.

The Argument Against A Physician's Duty To Warn For Genetic Diseases: The Conflicts Created By Safer V. Estate Of Pack, Angela Liang

Journal of Health Care Law and Policy

No abstract provided.

Boling V. Romer: Federal Courts Condone Forced Withdrawal Of Blood For Dna Data Banks Despite Constitutional Concerns, C. Teddy Li

Journal of Health Care Law and Policy

No abstract provided.

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.

Draft Legislation. Appendix A. May 5, 1997, Part I

Journal of Health Care Law and Policy

No abstract provided.

The National Bioethics Advisory Commission: Bridging The Gaps In Human Subjects Research Protection, James F. Childress

Journal of Health Care Law and Policy

No abstract provided.

The Elderly Questionably Competent Client Dilemma: Determining Competency And Dealing With The Incompetent Client, Marilyn Levitt

Journal of Health Care Law and Policy

No abstract provided.

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens

Journal of Health Care Law and Policy

No abstract provided.

Protecting Vulnerable Research Subjects: Practical Realities Of Institutional Review Board Review And Approval, Alison Wichman

Journal of Health Care Law and Policy

No abstract provided.

Draft Legislation. Appendix A, May 5, 1997, Part Ii

Journal of Health Care Law and Policy

No abstract provided.

Draft Legislation, Appendix B, August 1, 1997

Journal of Health Care Law and Policy

No abstract provided.

Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love

Journal of Health Care Law and Policy

No abstract provided.

Introduction: The Price Of A Soul: At What Cost Can The Tobacco Issue Be Resolved?, Maureen O'Doherty

Journal of Health Care Law and Policy

No abstract provided.

Tobacco Wars And The New Minority, Donald W. Garner

Journal of Health Care Law and Policy

No abstract provided.

The Manipulation Of Public Opinion By The Tobacco Industry: Past, Present, And Future, Erin Myers

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.

The Case For A Reform Of Regulation 17/62: Problems And Possible Solutions From A Practitioner's Point Of View, Frank Montag

Fordham International Law Journal

This Essay first describes the shortfalls of the current enforcement regime under Regulation 17 and the practical problems that undertakings experience in enforcement proceedings. It then discusses the suggestions for reform of Regulation 17. Finally, this Essay illustrates that although amendments and changes to the current procedural rules could solve some of the problems undertakings are facing in competition proceedings today, in order to address these problems effectively, changes to the underlying institutional system will be necessary.

The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas

Fordham International Law Journal

This Note addresses the issue of whether all nations should enact a uniform global legal scheme governing digital signatures for the purpose of promoting E-Commerce. Part I of this Note describes digital signatures and considers their different functions. Part I also discusses E-Commerce and the application of digital signatures to E-Commerce. Further, Part I briefly examines the major legal schemes set up by organizations, states, nations, and international bodies. Part II analyzes arguments for and against global digital signature laws in order to facilitate E-Commerce. Part III argues that nations should adopt a global digital signature legal scheme in order …

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.

Private Bar Monitors Public Defense: Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

The result of the monumental shifts in the structure and financing of health care delivery is that at the very time that medical innovations have made possible significant improvements in the quality and quantity of life for people with chronic illnesses, those who are responsible for paying for Americans' health care, in government and the private sector, seem to have finally said “Enough! We must cut costs, and cut them dramatically, and the simplest, most direct way of cutting costs is to deny coverage for certain kinds of treatments and certain kinds of illnesses.” People with HIV and AIDS are …