* Chairman, National Environment Tribunal, Kenya. Former Director, UNEP. This paper draws from earlier papers on past colloquia in Kenya, two for High Court Judges (January and April 2006) and one for East Africa: the Court of Appeal Judges for Kenya, Tanzania and Supreme Court and Court of Appeal, Uganda. I acknowledge the research and other contributions of Judy Gitau of Kaniaru & Kaniaru Adv...

INTRODUCTION ................................................................................... 613 I. THE THIRD-PARTY DOCTRINE AND SUBSTITUTION EFFECTS .................................................................................... 614 II. DESCRIPTIVE PROBLEMS WITH SUBSTITUTION EFFECTS .... 616 A. Criminal Motivation: The Supreme Court and Substitution Effects ..............................

This Note explores Congress’ attempts to restrict Oregon’s Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 (”LDAP Act”) and the Pain Relief Promotion Act of 1999 (”PRPA”). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Not...

This article analyzes the Supreme Court of Canada’s decisions in Canada Trustco v. The Queen and Mathew v. The Queen, the first cases heard by the court involving the application of the general anti-avoidance rule (GAAR). The article begins with a review of the case law, followed by an examination of the Supreme Court’s statements with respect to statutory interpretation in general. The heart o...

The spring 1996 issue of The Future of Children on special education reviewed the legislative and litigation history of the Individuals with Disabilities Education Act (IDEA). This Revisiting article examines the impact of the two U.S. Supreme Court cases setting forth school districts' responsibility to reimburse parents of students with disabilities for private school tuition under certain ci...

This article discusses what happens to testimonial privilege following a patient's death. First, the article reviews the concepts of confidentiality and testimonial privilege. Second, the article discusses the case of Jaffe v. Redmond, in which the Supreme Court ruled that testimonial privilege applies to licensed psychotherapists under Rule 501 of the Federal Rules of Evidence. Third, the arti...

In 1973, the Supreme Court decided one of the most well-known cases in history—Roe v. Wade. In this landmark decision, the United States Supreme Court held that the constitutional right to privacy extends to a woman’s right to have an abortion. From 1973 through 1977, Medicaid covered the costs of an abortion without restriction. In 1966, Republican Senator Henry Hyde introduced an amendment to...

This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court’s interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regardi...

Direct-to-consumer (DTC) genetic testing refers to testing sold directly to consumers via the Internet, television, or other marketing venues without involving health care professionals. As the recent Supreme Court ruling eliminated the patentability of human genes, this rapidly evolving segment in the laboratory testing industry is starting to attract increasing scrutiny by government, scienti...