Law Commons^™

End-Of-Life Decision Making: What We Don’T Know, We Make Up; What We Do Know, We Ignore, Sandra H. Johnson

All Faculty Scholarship

The recent emergence of substantial empirical research in bioethics reveals gaps between “reality” and the normative principles that largely instruct American bioethics and the legal framework of health care. This Article examines how the debate over the appropriate source of legal and ethical norms in medicine has been played out in judicial decisions regarding the legalization of physician-assisted suicide.

The article begins with an analysis of the Ninth Circuit’s 1996 majority opinion in Compassion in Dying v. Washington, later reversed by the Supreme Court. In support of the legalization of physician-assisted suicide, the Ninth Circuit emphasized the role of empirical …

Program - Honors Luncheon For Johnnie B. Rawlinson - National Organization Of Black Law Enforcement Executives Southern Nevada Chapter, Las Vegas Chapter Of The National Bar Association

Johnnie B. Rawlinson

No abstract provided.

Mapping Social Technologies In The Cultural Commons, Thrainn Eggertsson

Cornell Law Review

No abstract provided.

Invisible And Involuntary: Female Genital Mutilation As A Basis For Asylum, Zsaleh E. Harivandi

Cornell Law Review

No abstract provided.

Fraud On The Global Market: U.S. Courts Don’T Buy It; Subject-Matter Jurisdiction In F-Cubed Securities Class Actions, Julie B. Rubenstein

Cornell Law Review

No abstract provided.

Medieval Origins Of The Western Natural Rights Tradition: The Achievement Of Brian Tierney, Charles J. Reid Jr.

Cornell Law Review

No abstract provided.

Testing The Waters-The Sec’S Feet Go From Wet To Cold , Jeffrey A. Brill

Cornell Law Review

No abstract provided.

Independence After Matsqui?, Richard Haigh, Jim Smith

Articles & Book Chapters

The authors look at the Supreme Court's latest fully reasoned decision on independence in Canadian Pacific v. Matsqui, where native tribunals were found to be biased because of certain institutional characteristics. The authors argue that the court employs, on the one hand, a very simplified analysis of independence, but at the same time, sets standards for testing independence and bias in tribunals that are impossible to adequately quantify in practice. Neither the reasoning of Lamer C.J, nor Sopinka J. is adequate to address the full range of tribunal experience; in fact, the Supreme Court examines administrative tribunals as if they …

South Carolina Loses A Battle In The Hazardous Waste Wars: Using The Dormant Commerce Clause To Invalidate South Carolina's Hazardous Waste Laws In Environmental Technology Council V. Sierra Club, Joi Elizabeth Peake

North Carolina Law Review

No abstract provided.

University Of Baltimore Law Forum Volume 28 Number 1 (Winter/Spring 1998) Front Matter

University of Baltimore Law Forum

No abstract provided.

How Judges Judge: Theories On Judicial Decision Making, Timothy J. Capurso

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Board Of County Comm'rs V. Vache: Employer's Liability For Injuries Sustained Coming From Or Going To Work Does Not Extend To Hazards Posed To The General Public, Anne Bodnar

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Shields V. Wagman: A Landlord Who Knew Of The Viciousness Of A Tenant's Dog, But Failed To Rid The Premises Of Such Danger, May Be Liable For Injuries The Dog Inflicts On Invitees In The Common Areas Of Property Under The Landlord's Control, Kofi Asamoah

University of Baltimore Law Forum

No abstract provided.

Did The Federal Check-The-Box Regulations Open Up At State Tax Pandora's Box--A Reflection On State Conformity To The New Federal Classification Scheme Of Single-Member Llcs, Pomy Ketema

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Disorder In The Court: Physician-Assisted Suicide And The Constitution, Robert A. Burt

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Year 2000 Hurdles And Controversies, Michael D. Schindler

Cleveland State Law Review

This article examines the hurdles and controversies of the Year 2000 problem. First, some background on the "Millennium Bug" explains the nature of the problem, how to fix it, and what it will cost. Next, the article discusses recent Year 2000 litigation. Then the article suggests that companies should implement a legal strategy to avoid potential liability by performing a legal audit of the Year 2000 problem. Additionally, the UCC and case law analysis are used to explain possible causes of action and who the plaintiffs and defendants will be. Other key legal issues analyzed are SEC disclosure requirements, insurance …

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …

Baseball And The Rule Of Law, Paul Finkelman

Cleveland State Law Review

Most cultures have a new year of some kind; a season of beginning. For lawyers who are baseball fans, there are two beginnings, two seasons. The first season begins in April, and begins to wind down in October. That is of course, the baseball season. But, with baseball finished, we can turn to the Court, and watch it with a keen eye. The Court's season continues to build to its climax in the Spring. Just as the baseball season is beginning its slow opening, the Court overwhelms us in the spring with what sometimes seems to be an avalanche of …

The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro

Cleveland State Law Review

This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …

Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina

Cleveland State Law Review

Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal

Cleveland State Law Review

This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …

The Spanish Neutrality During The Second World War, Antonio Marquina

American University International Law Review

No abstract provided.

Panel Discussion

American University International Law Review

No abstract provided.

The Emergency Medical Treatment And Active Labor Act: The Anomalous Right To Health Care, Lauren A. Dame

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Enhanced Risk Of Harm To One's Self As A Justification For Exclusion From Athletics, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

Autonomic Dysreflexia In Wheelchair Sport: A New Game In The Legal Arena?, David Legg, Daniel S. Mason

Marquette Sports Law Review

No abstract provided.

Wheeling Through Rough Terrain - The Legal Roadblocks Of Disabled Access In Sports Arenas, Mark A. Conrad

Marquette Sports Law Review

No abstract provided.

Sports Torts In Wisconsin, Jay A. Urban

Marquette Sports Law Review

No abstract provided.

The Right Of Publicity On The Internet, Cristina Fernandez

Marquette Sports Law Review

No abstract provided.