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Full-Text Articles in Legal Theory
Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris
Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris
San Diego Law Review
This Article concerns the due process requirements in determining a mental patient’s competency to make a decision refusing medical treatment. The Author discusses the California decision imposing a judicial hearing requirement and San Diego Superior Court rules for implementing this decision. The Author, a law-trained decision maker in hearings to determine mental patients’ competence to refuse medication, compiled a case report after each of his hearings. He presents and analyzes the data on the competency cases he decided and emphasizes the factors which may have influence his decisions. The Author argues that competency hearings should be conducted by law-trained decision …
Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe
Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe
San Diego Law Review
This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
San Diego Law Review
This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …