Law Commons^™

Symposium Introduction: Past As Prolog: Can Managed Care Overcome The Conflicts Inherited From Fee-For-Service Medicine?, Edward P. Richards

Journal Articles

No abstract provided.

First Amendment Protection Of Homosexual Conduct, J.F. Jr. Walsh

Case Western Reserve Law Review

No abstract provided.

The Current Value Of Compulsory Process: Can A Defendant Compel The Admission Of Favorable Scientific Testimony, Lisa Graver

Case Western Reserve Law Review

No abstract provided.

A Tribute To Justice William J. Brennan, Jr., Daniel J. O'Hern

Seton Hall Constitutional Law Journal

No abstract provided.

New Jersey And School Vouchers: Perfect Together Tuition Vouchers May Provide Interim Relief To New Jersey's Urban School Children, George M. Macchia

Seton Hall Constitutional Law Journal

No abstract provided.

Separation Of Powers - Presidential Immunity - The President Does Not Have Immunity From Civil Liability For Acts Taken In His Unofficial Capacity - Clinton V. Jones, 117 S. Ct. 1636 (1997)., Lynda D. Snyder

Seton Hall Constitutional Law Journal

No abstract provided.

First Amendment - Free Exercise Clause - Cleric Who Engaged In Sexual Acts While Providing Pastoral Counseling To A Parishioner Can Be Held Liable For Breach Of Fiduciary Duty - F.G. V. Macdonell, 150 N.J. 550, 696 A.2d 697 (1997)., Melissa A. Provost

Seton Hall Constitutional Law Journal

No abstract provided.

Between Iraq And A Hard Place: The U.N. Compensation Commission And Its Treatment Of Gulf War Claims, Lea C. Owen

Vanderbilt Journal of Transnational Law

The United Nations Compensation Commission (UNCC) was formed in 1991 to address claims against Iraq arising out of the Gulf War. In its seven years of operation, the UNCC has received 2.6 million claims, with an asserted value of more than $244 billion. It has processed 2.4 million of these claims, for a total of $6 billion, and it has paid to victims more than $730 million. Despite these accomplishments, the UNCC has much left to do, and its efforts have been burdened by Iraq's post-war refusal to meet its treaty obligations. The UNCC now faces waning political support from …

God, Labor, And The Law: The Pursuit Of Religious Equality In Northern Ireland's Workforce, Jane H. Thorpe

Vanderbilt Journal of Transnational Law

In Northern Ireland, a Catholic man is twice as likely to be unemployed as his Protestant counterpart. This employment differential can be attributed directly to the religious sectarianism that has plagued Northern Ireland for almost 400 years. Traditionally, the Protestant community has used economic rights and employment opportunities to maintain its power and authority over the Catholic community. Resolution of this employment differential would be a key step toward achieving peace and unity in Northern Ireland; however, no progress can be made toward this goal until both communities share economic benefits and hardships. In 1989, the British Parliament passed the …

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Vanderbilt Journal of Transnational Law

This Article has tried to provide a comprehensive analysis of the role of international law in WHO's future. Whether WHO realizes it, international law has had and will continue to have effects on international health policy. In the future, WHO has a choice: It can continue to act as if international law plays no role in global public health or it can build the commitment and capacity needed to integrate international law into its endeavors and into the creation of global health jurisprudence. Building such commitment and capacity will not resurrect WHO to its past glories, but they may very …

The Doctrine Of Specialty: An Argument For A More Restrictive Rauscher Interpretation After State V. Pang, Hugh C. Thatcher

Vanderbilt Journal of Transnational Law

This Note examines how U.S. courts have weakened the specialty doctrine in treaty-based extradition to the United States. Although courts have consistently paid lip service to its vitality, the doctrine of a specialty has often been set aside to allow prosecution for additional offenses. This Note examines the primary line of inquiry that has been used by courts to interpret the doctrine, and suggests that it is incorrect. A correct interpretation of the doctrine requires a presumption that the extradited person may not be charged with additional offenses. Part II of this Note will outline the doctrine of specialty and …

Religious Perspectives On Human Cloning: Revisiting Safety As A Moral Constraint, Jan C. Heller

Valparaiso University Law Review

No abstract provided.

Protecting Property With Puts, Ian Ayres

Valparaiso University Law Review

No abstract provided.

Resurrection Of The Prohibition On The Corporate Practice Of Medicine: Teaching Old Dogma New Tricks, Andre Hampton

Faculty Articles

The corporate practice of medicine doctrine was a creature of the organized medical profession, state legislatures, and the courts in an effort to both protect the physician-patient relationship and help physicians operate as fiduciaries. It aimed at improving the reputation of the medical profession by prohibiting entanglements between a physician’s professional judgment and the profit-making endeavors of lay organizations. The doctrine found its genesis in ethical codes promulgated by the American Medical Association (AMA), which essentially prevented physicians from taking salaried positions, or splitting professional fees, with lay organizations. The rationale was that such a doctrine was necessary in order …

Disturbing The Peace, Emily A. Hartigan

Faculty Articles

When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …

The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove

University of Richmond Law Review

In 1845, antislavery constitutionalist Lysander Spooner argued that the Declaration of Independence was originally a legal constitution with a direct bearing on how one ought to interpret the status of slavery under the Constitution of 1787. In 1889, the congressional act establishing the states of North Dakota, South Dakota, Montana, and Washington required that their state constitutions "not be repugnant to the Constitution of the United States and the Declaration of Independence," as if the two documents were of a piece. In 1995, attorney Christopher Darden argued to the jury in the O.J. Simpson criminal trial that slain victims Nicole …

The Collapse And Fall Of Floating Buffer Zones: The Court Clarifies Analysis For Reviewing Speech-Restrictive Injunctions In Schenk V. Pro-Choice Network, Amy E. Miller

University of Richmond Law Review

The freedom of speech, although a predominant First Amendment principle, does not create an absolute right and remains subject to limitations for appropriate reasons, such as when the exercise of free speech encroaches upon the rights of others. Particularly sensitive situations arise when courts impose restrictions upon anti-abortion protestors in an attempt to protect the rights of patients and providers at abortion clinics. Indeed, despite a woman's long established right to obtain an abortion, emotionally charged demonstrations and recurrent anti-choice violence persist outside abortion clinics around the nation. Given that such practices induce stress and other health risks to women …

A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko

University of Richmond Law Review

Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall's letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall's extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …

Introductory Note

University of Richmond Law Review

The forward march of technological progress demands a continuous reassessment of our current predicament. While many existing institutions stand upon a bedrock of historical tradition, the acceleration of modem invention serves to rapidly erode our unswerving reliance on these systems. Rather, the problems brought by rapid technological growth require creative analysis that extends beyond traditional methodology. Just as the Industrial Revolution shook business and legal institutions to the core in response to unforeseen possibilities, the Information Revolution has begun to strain the infrastructure of our current institutions. The Information Age, typified by instant global communication and the ability to conduct …

Canning Spam: Compuserve, Inc. V. Cyber Promotions, Inc., Steven E. Bennett

University of Richmond Law Review

The rapid development of the Internet as a source of information and as a means of communication has caused courts and legislatures to scramble to integrate old legal structures into a new framework. The characteristic of near-instantaneous access to millions of subscribers of various Internet service providers (ISPs) has attracted the attention of commercial advertisers, especially those seeking mass audiences. The Internet has also fostered the proliferation of electronic mail (e-mail) as a means of communication. Further, it has attracted the attention of Congress, where there are currently three bills pending which would restrict or prohibit unsolicited e-mail advertising. The …

Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby

University of Richmond Law Review

The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.

"The Federal Courts": Constituting And Changing The Topic, Judith Resnik

University of Richmond Law Review

I am honored to write the foreword to this issue of the University of Richmond Law Review dedicated to "The Federal Courts." The editors have asked me to address the question of the role of the federal judiciary today. No issue is more pressing within federal judicial circles. The Congress has, in the last few years, enacted several jurisdictional statutes, some that expand' and others that limit the authority of the federal courts, thereby raising questions about congressional powers over federal jurisdiction. The shape of the appellate structure of the federal courts is now under review pursuant to the congressionally-chartered …

Will Inquiry Produce Action? Studying The Effects Of Gender In The Federal Courts, Lynn Hecht Schafran

University of Richmond Law Review

When the Ninth Circuit Gender Bias Task Force released its report at the Circuit's 1992 Judicial Conference, Justice Sandra Day O'Connor offered this perspective:

A couple of years ago, I gave a speech in which I discussed the existence of a glass ceiling for women. The next day, headlines and newspaper articles trumpeted my statements as if I had made a surprising new discovery. But it is now 1992, and I don't think most of us were surprised to learn that the [Ninth Circuit] Task Force found the exis- tence of gender bias in a federal circuit. After all, over …

First Circuit: A Study Of Gender Bias In And Around The Courts, Bruce M. Selya

University of Richmond Law Review

Beginning with the state courts of New Jersey in 1984, almost every state in the country and numerous federal circuits have mounted initiatives to address issues of gender bias in the courts. While individual approaches have varied, each of these judicial units has displayed an increasing sensitivity to the potential problems of bias in the courts and a desire to actively improve the treatment of female litigants, witnesses, employees, and attorneys throughout the judicial system.

Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii

University of Richmond Law Review

In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.

Fourth Circuit: The Judicial Council's Review On The Need For A Gender Bias Study, Samuel W. Phillips

University of Richmond Law Review

In 1993, the Women Judges Fund for Justice, the National Association of Women Judges, and the National Center for State Courts, sponsored a four-day conference (March 18-21) in Williamsburg, Virginia, entitled "Second National Conference on Gender Bias in the Courts: Focus on Follow-up." Then Chief Circuit Judge Sam J. Ervin, III, designated the Deputy Circuit Executive to attend the conference on behalf of the Fourth Circuit. The Deputy also attended, along with a Fourth Circuit U.S. Magistrate Judge (now a U.S. District Judge), the Federal Judicial Center Gender Bias Task Force Workshop in Washington, D.C. (August 5-6, 1993).

Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel

University of Richmond Law Review

The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research methodology calculated to obtain a number of confidential responses, which produced substantial valuable information.

Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett

University of Richmond Law Review

In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family believed that gender bias existed, if so in what form, and whether or not such bias affects the judicial process.

Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne

University of Richmond Law Review

Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.