Suchergebnisse

Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New Deal Legislation of the 1930's not only applied legislation to the solution of the economic, social, and, ultimately legal problems of its times, but it also changed the very nature of the legislative product. The ascendancy of legislation resulted not only in a far greater legislative output, but also in the development of massive programmatic legislation, unique in its character and different in kind from the narrow, limited statutes that had preceded it. So significant is this new form that some of the older rules of statutory construction seem hardly relevant in their application. But the new legislative approach, here referred to as programmatic legislation, imposes a responsibility for legal training which develops to the fullest the ability to use legislation as the way to solve today's legal problems.

Medicine, as a learned profession, has tradi tionally insisted that the conduct of physicians be governed by its own code of professional ethics. Increased government regulation of the practice of medicine, however, has largely substituted external, governmental regulation for earlier ethical constraints. Government regulations have been imposed both in response to greater risks in the practice of medicine and in consequence of ever greater government funding of health care. Though regulations reflect a contemporary consensus on ethical attitudes, their promulgation has narrowed the exercise of the physician's independent ethical judgment. While the physician is increasingly subject to legal require ments in his practice and in such areas as informed consent, the use of human subjects in clinical research, genetic and biological research, and the management of the dying pa tient, his ethical sensitivity in complying with such require ments is still essential for the protection of patients.

Medicine, as a learned profession, has traditionally insisted that the conduct of MDs be governed by its own code of ethics. Increased government regulation of medical practice, however, has largely substituted external, governmental regulation for earlier ethical constraints. Government regulations have been imposed both in response to greater risks in the practice of medicine & in consequence of ever greater government funding of health care. Though regulations reflect a contemporary consensus on ethical attitudes, their promulgation has narrowed the exercise of the MD's independent ethical judgment. While the MD is increasingly subject to legal requirements in his practice & in such areas as informed consent, the use of human Ss in clinical research, genetic & biological research, & the management of the dying patient, his ethical sensitivity in complying with such requirements is still essential for the protection of patients. HA.

Intro -- State Constitutions for the Twenty-first Century,Volume 2 -- Contents -- Preface -- Introduction -- 1. Reflection and Restraint in State Constitutional Amendment and Revision -- 2. The State Constitution: Form and Function -- 3. Unique Issues in Drafting State Constitutions -- 4. Some Implications of State Constitutional Amendment for the Drafter -- 5. Judicial Doctrines of Interpretation Affecting Drafters of State Constitutional Provisions -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- W.