The Supreme Court's rulings in the just-finished term on cases involving federalism upset traditional notions of liberal and conservative while changing perceptions of the Commerce Clause and the 14th Amendment. The decision barring Congress from outlawing guns near schools simply delineates the far reaches of the Commerce Clause, limiting federal police powers. The ruling on racial gerrymandering of voter districts in Miller v Johnson left the court's left wing asserting states' rights and judicial restraint.
Publication Name: The National Law Journal
Does genetic engineering need genetic engineers? Should the regulation of genetic engineering include a new professional discipline?
Adopting a regulatory scheme including strict professional responsibility standards could reduce the environmental and public dangers of genetic engineering. Under this scheme, genetic engineers would be nationally licensed to practice. Scientists would then be held liable under a professional negligence standard where their work caused adverse yet reasonably avoidable consequences.
Publication Name: Boston College Environmental Affairs Law Review
- Abstracts: An empirical survey and proposed Bankruptcy Code section concerning the propriety of bidding incentives in a bankruptcy sale of assets
- Abstracts: Custodial engineering: cleaning up the scope of Miranda custody during coercive Terry stops. Prison cells, leg restraints, and "custodial interrogation": Miranda's role in crimes that occur in prison
- Abstracts: The 'reasonable woman' standard: implications for assessing the severity of sexual harassment and the adequacy of employer response
- Abstracts: Mandatory arbitration agreements as an unfair labor practice: Gilmer v. Interstate Johnson Lane Corp. and the resurgence of the yellow dog contract
- Abstracts: Video display terminals: a survey of reported results, opinions and conclusions on the association of miscarriages with terminal use