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Judith A.M. Scully, Book Review, Eileen L. McDonagh, Breaking the Abortion Deadlock: From Choice to Consent, 8 UCLA Women's L.J. 125 (1997)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Society’s Search for a Legal and Ethical Basis of Physician-Assisted Suicide, 9 Journal of Aging and Social Policy 51 (1997)Clicking on the button will copy the full recommended citation.
A review of the way physician-assisted suicide (PAS) is being addressed in the United States reveal three models, each functioning out of distinctive concepts of autonomy: (1) litigation, which utilizes philosophical autonomy; (2) legislation, which utilizes political autonomy; and (3) act of conscience by a physician, which utilizes consumer autonomy. Each model raises a correspondingly distinct set of ethical questions and challenges centered around their point of reference - the judicial system, voters, or the doctor-patient relationship. The challenge for religion is to address PAS in solidarity with sufferers, physicians, and the community, rather than retreating into iconoclastic dogmas.
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Royal C. Gardner, Taking the Principle of Just Compensation Abroad: Private Property Rights, National Sovereignty, and the Cost of Environmental Protection, 65 U. Cin. L. Rev. 539 (1997)Clicking on the button will copy the full recommended citation.
Part I of this article provides a brief background of the United States takings jurisprudence. It examines how the Fifth Amendment protects private property rights and when environmental regulation implicates the payment of just compensation. Part II reviews the methods by which the United States government seeks to protect the environment without infringing on private property rights, focusing on financial incentives and disincentives. Part III compares the many parallels between private property rights and national sovereignty. Part IV explores how lessons derived from the United States experience in balancing private property rights and environmental concerns are relevant to international environmental issues. It focuses on how the United States seeks to influence the environmental policy of other states through financial incentives and disincentives in multilateral and bilateral contexts. Concluding that such conditional assistance is consistent with the domestic principle of just compensation, the article offers a framework for when such assistance is justified.
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Ellen S. Podgor, Globalization and the Federal Prosecution of White Collar Crime, 34 Am. Crim. L. Rev. 325 (1997)Clicking on the button will copy the full recommended citation.
Omitted from most of the recent discussions on the federalization of criminal law is the impact of federal investigations and prosecutions involving international activities. This essay specifically focuses on the international flavor developing in the prosecution of white collar crime. It discusses statutes with clear legislative language indicating extraterritoriality through either a direct international focus (Foreign Corrupt Practices Act), or through the specific incorporation of an extraterritorial provision in the statute. The essay next addresses judicial interpretation of white collar statutes where there has been no explicit reference to extraterritoriality in the statute. Jurisdiction bases in international law also are considered in the essay. The essay offers a sampling of the jurisdiction questions that have arisen as a result of white collar criminal activity exceeding the borders of the United States.
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Theresa J. Pulley Radwan, How Imminent is Imminent?: The Imminent Danger Test Applied to Murder Manuals, 8 Seton Hall Constitutional Law Journal 47 (1997)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan and David M. English, Federal Law Update for Estate Planners: Criminalizing Medicaid Planning, 11 Probate and Property 46 (1997)Clicking on the button will copy the full recommended citation.
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Peter Lake and Robert D. Bickel, The Expanding Duty of The University to Reduce the Risk of Student Assault: The Case Against a “Bystander” University Which Has No Affirmative Duty to “Rescue” its Students, 7 Synthesis 534 (1996)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Book Review, Law Professors’ Book Rates Courtroom Movies, 11 Virginia Lawyers Weekly 577 (1996)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, A Code of Their Own; Updating the Ethics Code to Include the Non-Adversarial Role of Federal Prosecutors, 37 B.C. L. Rev. 923 (1996)Clicking on the button will copy the full recommended citation.
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Joseph F. Morrissey, Setting Up a Business in Uzbekistan, International Company and Commercial Law Review i (1996)Clicking on the button will copy the full recommended citation.