Legal pragmatism and the pre-birth continuum: an absence of unifying principle

The common law has historically been clear - the rights of the unborn do not exist prior to birth. A child becomes a legal person and able to enforce legal rights upon being born alive and having a separate existence from her or his mother. This article assesses whether new developments in biomedical technologies have left this legal principle inviolate and explores what the state of law is in relation to pre-birth. It argues that there is a pre-birth continuum where the law punctuates points in a lineal timeline fashion as to when a pre-birth "non-entity" becomes a legal entity. The article concludes that there is no singular rule of law with respect to being or becoming a human but rather a collection of discrete and increasingly divergent legal categories. This recognition of a pre-birth continuum or timeline as to the legal recognition of this "non-entity" has significant ramifications for the future development of law and impacts on legal thinking about what it means to be human.     

The purpose of knowledge: pragmatism and the praxis of marxist criminology

This paper revives and revises the argument that there is no place for a concept of crime in marxist theory, and consequently that there is no theoretical justification for the development of marxist criminology. However, earlier essays along these lines have adopted a rationalist epistemology in advancing this case — with its attendant difficulties of idealism, privileged conceptualization and inflexibility. The present paper attempts to escape such problems, and to extend the critique of criminological theorization, by developing its case on the basis of a pragmatist epistemology. It is argued that the conflicting aims of marxist theory and the bourgeois legal theory from which crime is transferred make it difficult for marxist criminology to generate a unified theory to guide political practice and research. Moreover, Marxists' privileging of the concept of crime may be systematically blinding them to political developments which render criminology historically obsolescent.     

Receipt of petition of rulemaking from the American Association of Physicists in Medicine. Nuclear Regulatory Commission. Publication of a petition for rulemaking

The Nuclear Regulatory Commission is publishing a petition for rulemaking submitted by the American Association of Physicists in Medicine. The petition requests an interval longer than the two years between required calibrations of a dosimetry system used to perform full calibration measurements on a teletherapy unit--as long as suitable dosimetry system verification checks are carried out. The suggested amendments are intended to reduce the current six month waiting period for instrument calibration without adversely affecting dosimetry system reliability.     

Judicial review of NLRB rulemaking in the health care industry: implications for labor and management

In 1987 the National Labor Relations Board set out to promulgate a rule to define the appropriate bargaining units for the health care industry, making the first use of its substantive rulemaking powers. This departure from the traditional process of adjudication of unit determination issues occurred because of thirteen years of NLRB frustration resulting from congressional admonition against proliferation of bargaining units and subsequent inconsistent judicial interpretation of that admonition. This article traces the factors that led to the decision to rulemake, discusses the development of the rule itself, and examines the rule's judicial experience to date. It presents empirical findings of hospital union election activity during the period from 1985 through 1987 that confirm the thesis that bargaining unit size is a significant variable in election outcomes. Finally, the authors assess the likely outcome of the impending Supreme Court decision on the rule, along with implications for labor and management.     

Federal employees health benefits program: miscellaneous changes--Office of Personnel Management. Final rulemaking

The Office of Personnel Management (OPM) is issuing final regulations which implement a number of miscellaneous changes to the Federal Employees Health Benefits (FEHB) Program regulations. The regulations will improve the administration of the FEHB Program and result in better service to enrollees.     

Federal Trade Commission's authority to regulate marketing to children: deceptive vs. unfair rulemaking

Food and beverage marketing directed at children is of increasing concern to the public health and legal communities. The new administration at the Federal Trade Commission and abundant science on the topic make it a particularly opportune time for the government to reconsider regulating marketing directed at youth. This Article analyzes the Commission's authority to regulate food and beverage marketing directed at children under its jurisdiction over unfair and deceptive acts and practices to determine which avenue is most viable. The author finds that the Federal Trade Commission has the authority to regulate deceptive marketing practices directed at vulnerable populations. Although the Commission can issue individual orders, its remedial power to initiate rules would better address the pervasiveness of modern marketing practices. The Commission does not currently have the power to regulate unfair marketing to children; however, even if Congress reinstated this authority, the Commission's authority over deceptive marketing may be preferable to regulate these practices. Deceptive communications are not protected by the First Amendment and the deceptive standard matches the science associated with marketing to children. The Federal Trade Commission has the authority to initiate rulemaking in the realm of food and beverage marketing to children as deceptive communications in interstate commerce, in violation of the Federal Trade Commission Act. However, to effectuate this process, Congress would need to grant the Commission the authority to do so under the Administrative Procedures Act.