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Articles 325021 - 325050 of 544814

Full-Text Articles in Law

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce Jan 1998

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Public Interest Law Review

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

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Complexities In Biomedical Decision Making, George P. Smith Ii Jan 1998

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Public Interest Law Review

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …

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Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina Jan 1998

Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina

Richmond Public Interest Law Review

The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …

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Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss Jan 1998

Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss

Richmond Public Interest Law Review

The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …

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Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson Jan 1998

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Public Interest Law Review

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

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The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong Jan 1998

The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong

Richmond Public Interest Law Review

Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …

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Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal Jan 1998

Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal

Law Faculty Publications

This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …

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Reasonable Certainty And Reasonable Doubt, Henry L. Chambers, Jr. Jan 1998

Reasonable Certainty And Reasonable Doubt, Henry L. Chambers, Jr.

Law Faculty Publications

Ultimately, this article is about how well different definitions of reasonable doubt fit society's goals for the criminal justice system. To be clear, this article is not about which definition is best. That question is far broader than the one I seek to explore. Determining what definition of reasonable doubt is best for the system is a question for another time. Rather, this article describes a few different ways that reasonable doubt and the presumption of innocence can be interpreted and considers the implications of applying those differing interpretations. Part II of this article examines how the criminal justice system …

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The Breard Case And The Virtues Of Forbearance, John G. Douglass Jan 1998

The Breard Case And The Virtues Of Forbearance, John G. Douglass

Law Faculty Publications

At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.

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Civil Justice Reform Sunset, Carl W. Tobias Jan 1998

Civil Justice Reform Sunset, Carl W. Tobias

Law Faculty Publications

This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …

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Are We Ready For Mediation In Cyberspace?, Joel B. Eisen Jan 1998

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen

Law Faculty Publications

In Part I, I provide a brief model of a hypothetical multiparty environmental mediation proceeding. I describe limits on environmental mediation common to both the online and offline settings, and provide a model for analysis of the hypothetical proceeding. In Parts II and III, I consider limits on online mediation's potential that derive from the electronic character of the proceeding. In Part II, I discuss challenges for online mediation and conclude that such mediation, particularly complex proceedings such as environmental disputes, should be deferred for the time being. In Part III, I discuss additional concerns about the flow of communication …

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Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges Jan 1998

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

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Symposium Introduction, Peter N. Swisher Jan 1998

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.

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National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein Jan 1998

National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein

Law Faculty Publications

In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …

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Commercial Codification As Negotiation, David Frisch Jan 1998

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

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University Of Baltimore Law Review Volume 27 Number 2 (Spring 1998) Front Matter Jan 1998

University Of Baltimore Law Review Volume 27 Number 2 (Spring 1998) Front Matter

University of Baltimore Law Review

No abstract provided.

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State Laws Limiting Liability For Noneconomic Damages: How Courts Have Dealt With The Related Legal And Medical Issues In Asbestos Personal Injury Cases, M. King Hill Iii, Katherine D. Williams Jan 1998

State Laws Limiting Liability For Noneconomic Damages: How Courts Have Dealt With The Related Legal And Medical Issues In Asbestos Personal Injury Cases, M. King Hill Iii, Katherine D. Williams

University of Baltimore Law Review

No abstract provided.

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Comments: Should Race Be A Factor In Law School Admissions? A Study Of Hopwood V. Texas And How The Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner Jan 1998

Comments: Should Race Be A Factor In Law School Admissions? A Study Of Hopwood V. Texas And How The Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner

University of Baltimore Law Review

No abstract provided.

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Comments: State Of The Art Evidence In Products Liability Suits In Maryland, Patrick R. Buckler Jan 1998

Comments: State Of The Art Evidence In Products Liability Suits In Maryland, Patrick R. Buckler

University of Baltimore Law Review

No abstract provided.

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Masthead, Volume 8 Issue 1 (1998) Jan 1998

Masthead, Volume 8 Issue 1 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 1998

Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar Jan 1998

Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Masthead, Volume 8 Issue 2 (1998) Jan 1998

Masthead, Volume 8 Issue 2 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala Jan 1998

Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament Jan 1998

Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Book Review Of Employment Discrimination Law, James S. Heller Jan 1998

Book Review Of Employment Discrimination Law, James S. Heller

Library Staff Publications

No abstract provided.

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Three Positivisms, Robin West Jan 1998

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …

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Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West Jan 1998

Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West

Georgetown Law Faculty Publications and Other Works

Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …

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Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah Jan 1998

Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah

LLM Theses

This work traces the historical development of the concept of copyright in literary works from the earliest forms of communication by human beings until the present day. By assessing the impact of implementing the recent international copyright agreements on literary works in Ghana, a developing country, and in Canada, a developed country, the work establishes that generally, the economies of developed countries are more suitable than those of developing countries to support a strengthened copyright regime. This is more so because the former have shorter transition periods in which to comply with the international copyright framework. The work also asserts …

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Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge Jan 1998

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …

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