Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 323761 - 323790 of 545559

Full-Text Articles in Law

Assessment Of Capacity To Give Consent To Research Participation: State-Of-The-Art And Beyond, Evan G. Derenzo, Robert R. Conley, Raymond Love Jan 1998

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.

Go to article

Introduction: The Price Of A Soul: At What Cost Can The Tobacco Issue Be Resolved?, Maureen O'Doherty Jan 1998

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.

Go to article

Tobacco Wars And The New Minority, Donald W. Garner Jan 1998

Tobacco Wars And The New Minority, Donald W. Garner

Journal of Health Care Law and Policy

No abstract provided.

Go to article

The Manipulation Of Public Opinion By The Tobacco Industry: Past, Present, And Future, Erin Myers Jan 1998

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.

Go to article

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves Jan 1998

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

Journal of Health Care Law and Policy

No abstract provided.

Go to article

The Case For A Reform Of Regulation 17/62: Problems And Possible Solutions From A Practitioner's Point Of View, Frank Montag Jan 1998

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.

Go to article

The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas Jan 1998

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 …

Go to article

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke Jan 1998

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.

Go to article

Aids As A Chronic Illness: A Cautionary Tale For The End Of The Twentieth Century, Linda C. Fentiman Jan 1998

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 …

Go to article

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …

Go to article

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …

Go to article

The Dream Of Diversity And The Cycle Of Exclusion, Stephanie M. Wildman Jan 1998

The Dream Of Diversity And The Cycle Of Exclusion, Stephanie M. Wildman

Trotter Review

The racial transformation of society envisioned in Martin Luther King's dream has been an emotional and powerful ideal. That vision has gone through its own transformation: it was first described as "integration," then "affirmative action," and then "diversity" and "multiculturalism." As each of these phrases acquired negative connotation from reactionary, conservative backlashes, a new phrase has had to be invented to carry forward that transformative vision. Yet the cycle of exclusion that gives privileges to the dominant cultural status quo continues.

Go to article

Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke Jan 1998

Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke

Faculty Scholarship

In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …

Go to article

From The Dean, David T. Link Jan 1998

From The Dean, David T. Link

1975–1999: David T. Link

Dean Link announces that the 1998–1999 academic year will be his last term. Indeed, it is not a retirement but a passing of the deanship to someone else so that he can pursue new and exciting opportunities.

Go to article

Ipse Dixit: The Restatement (Second) Of Contracts And The Modern Development Of Contract Law, Gregory E. Maggs Jan 1998

Ipse Dixit: The Restatement (Second) Of Contracts And The Modern Development Of Contract Law, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This article considers how courts have responded to the inclusion of six innovative rules in the Restatement (Second) of the Law of Contracts. It observes that most courts simply have deferred to the new rules. In the vast majority of cases, courts gave no reasons for their decisions to embrace the six rules. They simply cited them as they would cite a statute or code and did not question their authority. This practice raises an important normative question: Should courts follow the Restatement (Second) as readily as they currently do? The article concludes that, although some arguments counsel against deference …

Go to article

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs Jan 1998

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This Article claims that the Internet may provide consumers with new kinds of protection in buying goods and services and new powers in resolving disputes. The Internet achieves these results by reducing the cost of communication.

Go to article

The Holder In Due Course Doctrine As A Default Rule, Gregory E. Maggs Jan 1998

The Holder In Due Course Doctrine As A Default Rule, Gregory E. Maggs

GW Law Faculty Publications & Other Works

The "holder in due course" doctrine, as implemented by Article 3 of the Uniform Commercial Code, says that a party who acquires a negotiable instrument in good faith, for value, and without notice of certain facts, and who also meets some additional requirements, takes the instrument free of competing claims of ownership and most defenses to payment. The standard justification for immunizing a holder in due course from claims and defenses is that the immunity will encourage beneficial commercial transactions. The standard explanation for the various requirements for attaining holder in due course status - good faith, value, lacking notice …

Go to article

Translating Federalism: A Textualist Reaction, Gregory E. Maggs Jan 1998

Translating Federalism: A Textualist Reaction, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In his rich and important article, Translating Federalism: United States v Lopez, Professor Lawrence Lessig advances two ambitious and provocative claims. Lessig first asserts that the Supreme Court has sought to control the expansion of federal power by "translating" the Commerce Clause instead of following the Clause's textual meaning. Second, Lessig proclaims that, as a normative matter, the Supreme Court should engage actively in this type of translation. In his view, the Court shows greater fidelity to the Constitution by reading it in ways that preserve the document's original function than the Court exhibits by strictly following the document's text. …

Go to article

The Act-Belief Distinction In Self-Defense Doctrine: A New Dual Requirement Theory Of Justification, Cynthia Lee Jan 1998

The Act-Belief Distinction In Self-Defense Doctrine: A New Dual Requirement Theory Of Justification, Cynthia Lee

GW Law Faculty Publications & Other Works

This article critiques traditional formulations of the defense of self-defense which focus upon the reasonableness of the defendant's beliefs, without requiring a separate inquiry into the reasonableness of the defendant's conduct. The article also critiques formulations of the defense which require the defendant to be correct about the existence of justifying circumstances. Rather than focus exclusively upon the defendant's beliefs or exclusively upon the defendant's conduct, this article proposes a dual requirement for perfect self-defense. Not only must the defendant's beliefs be reasonable, but the defendant's conduct must also be reasonable. The article also proposes a new form of imperfect …

Go to article

Race And The Victim: An Examination Of Capital Sentencing And Guilt Attribution Studies, Cynthia Lee Jan 1998

Race And The Victim: An Examination Of Capital Sentencing And Guilt Attribution Studies, Cynthia Lee

GW Law Faculty Publications & Other Works

This article examines the effect of the race of the victim on legal decision making in capital and non-capital criminal cases. A large body of research on race and capital sentencing indicates that the crime victim's race affects the prosecutor's decision to seek, and the jury's decision to recommend, the death penalty. The most well known of these is undoubtedly the Baldus study, which provided the data underlying the defendant's challenge to the Georgia death penalty regime in McCleskey v. Kemp. Less well known are empirical analyses conducted since the Supreme Court rejected McCleskey's challenge. The article reviews several of …

Go to article

Gloria Steinem At The Harvard Law Review Banquet, Ira C. Lupu Jan 1998

Gloria Steinem At The Harvard Law Review Banquet, Ira C. Lupu

GW Law Faculty Publications & Other Works

In the Spring of 1971, Gloria Steinem became the first woman to be the keynote speaker at the prestigious annual banquet of the Harvard Law Review. At that time, as an editor of the Review, I played an instigating part in the process that led to this controversial invitation. I attended the Banquet, and I paid close attention to the speech and its aftermath. In 1998, I decided to memorialize that experience in this essay, which frames the event in its cultural and political context – the rise of feminism, the Vietnam War, and American student radicalism, among other phenomena. …

Go to article

Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole Jan 1998

Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole

Books & Book Chapters by Maurer Faculty

Under socialism, Poland suffered tremendous environmental devastation. After socialism, Poland's environmental performance has improved remarkably. This book explains that system-specific institutions of socialism undermined environmental protection by creating regulatory conflicts of interest that led the Party/state to soften budget and law constraints on polluters. Those problems have diminished in post-Communist Poland as socialist legal, political and economic institutions have been replaced by liberal-democratic institutions and competitive markets. The analysis carries important implications for an institutional theory of environmental protection.

Go to article

Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla Jan 1998

Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla

Faculty Scholarship

This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …

Go to article

Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton Jan 1998

Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton

Faculty Scholarship

This article presents a visual and descriptive model for teaching creative problem solving in the law school curriculum. After elaborating on the definition and significance of teaching creative problem solving to law students, the author describes her model and her teaching methods in clinical classes as well as law school courses.

Go to article

Joe Six-Pack, U.S. V. O'Hagan, And Private Securities Litigation Reform: A Line Must Be Drawn, Michael H. Dessent Jan 1998

Joe Six-Pack, U.S. V. O'Hagan, And Private Securities Litigation Reform: A Line Must Be Drawn, Michael H. Dessent

Faculty Scholarship

No abstract provided.

Go to article

Preliminary Injunction Of Arbitration Proceedings - Six Clinics Holding Corporation, Ii V. Cafcomp Systems, Inc., Heidi Albers Jan 1998

Preliminary Injunction Of Arbitration Proceedings - Six Clinics Holding Corporation, Ii V. Cafcomp Systems, Inc., Heidi Albers

Journal of Dispute Resolution

The issue presented in Six Clinics Holding Corporation, I v. Cafcomp Systems, Inc., is whether a court is prohibited from issuing a preliminary injunction in a case subject to arbitration.' The parties had a private agreement to arbitrate any disputes, but the court enjoined the arbitration in order to determine a federal issue outside the arbitrator's jurisdiction The defendant argued that the Anti-Injunction Act, which prohibits federal courts from enjoining state court proceedings, was violated.4 However, the court found a loophole by stating that a private arbitration is not a state proceeding and thus is not governed by the Act.5 …

Go to article

Protecting Against Employment Discrimination: The Ninth Circuit's Interpretation Of Mandatory Arbitration Of Title Vii Claims - Renteria V. Prudential Ins. Co. Of America, Todd C. Stanton Jan 1998

Protecting Against Employment Discrimination: The Ninth Circuit's Interpretation Of Mandatory Arbitration Of Title Vii Claims - Renteria V. Prudential Ins. Co. Of America, Todd C. Stanton

Journal of Dispute Resolution

The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted in a reformation regarding the resolution of disputes within the employment industry. It has become a standard practice of many employers to require that employees sign employment agreements before they are allowed to work. Recently, these types of agreements have begun to require that employees resolve any disputes or claims against their employers through arbitration rather than judicial adjudication. Unfortunately, the average employee is often unaware of the binding nature of these agreements until a dispute actually arises with his or her employer. The Ninth Circuit has …

Go to article

Retaliation Claims Under Title Vii, The Adea, And The Ada: Untouchable Employees, Uncertain Employers, Unresolved Courts, Melissa A. Essary, Terence D. Friedman Jan 1998

Retaliation Claims Under Title Vii, The Adea, And The Ada: Untouchable Employees, Uncertain Employers, Unresolved Courts, Melissa A. Essary, Terence D. Friedman

Missouri Law Review

No abstract provided.

Go to article

Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman Jan 1998

Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This essay does not address the truly important policy issues: whether for-profit healthcare should be allowed or encouraged; how the quality of care compares to nonprofits or what criteria should be used to evaluate the quality of care; or what the impact of these conversions is on the communities they serve. It discusses less significant issues: those of process—how can we shape and control this tidal wave of change so that the public will be served and charitable assets preserved to the maximum extent possible? The focus is upon the valuation of these charitable assets; the appropriate process of conversion; …

Go to article

Accomplice Liability For Unintentional Crimes: Remaining Within The Constraints Of Intent, Audrey Rogers Jan 1998

Accomplice Liability For Unintentional Crimes: Remaining Within The Constraints Of Intent, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article addresses the issue of the proper extent of a secondary actor's culpability for unintentional crimes committed by another. Part I reviews accomplice liability and its mens rea requirements generally. Part II discusses the history of the application of complicity theory to unintentional crimes. Part III examines whether accomplice liability for unintentional crimes is proper, and concludes that in keeping with complicity's doctrinal requirements, liability is appropriate only when the secondary actor has the intent to aid in the commission of the culpable act that results in unplanned harm. It evaluates whether the various categories of accomplice statutes sufficiently …

Go to article

First Prev Next Last