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Articles 1 - 8 of 8

Full-Text Articles in Law

Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer Dec 1995

Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer

Duke Law Journal

No abstract provided.


Forces And Mechanisms In The Constitution-Making Process, Jon Elster Nov 1995

Forces And Mechanisms In The Constitution-Making Process, Jon Elster

Duke Law Journal

No abstract provided.


Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso Jun 1995

Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso

Alaska Law Review

No abstract provided.


Welcome To The Last Frontier, Professor Gardner: Alaska’S Independent Approach To State Constitutional Interpretation, Ronald L. Nelson Jun 1995

Welcome To The Last Frontier, Professor Gardner: Alaska’S Independent Approach To State Constitutional Interpretation, Ronald L. Nelson

Alaska Law Review

No abstract provided.


Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King Apr 1995

Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King

Law and Contemporary Problems

Outpatient commitment of the mentally ill is court-ordered treatment in the community and is usually characterized by short, recurring visits to a mental health clinic that provides treatment such as medication, individual or group therapy, day or part-day activities or supervision of living arrangements. The history and design of the North Carolina preventive commitment scheme and constitutional difficulties with this statute are discussed.


Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer Jan 1995

Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer

Duke Journal of Gender Law & Policy

I. Introduction: Identifying the Controversy The mythology of adoption involves a scenario in which a teenage girl gets pregnant, and neither she nor the father is ready to raise a child. Upon birth, these young parents voluntarily relinquish the baby to an upwardly mobile couple who have been waiting years to adopt. The adoptive parents become, in essence, the birth parents to the baby who grows up happy and well-adjusted. The birth parents vanish from the picture, perhaps eventually marrying and having additional children. No one looks back. But what happens to this myth when the birth mother changes her …


Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse Jan 1995

Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse

Duke Journal of Gender Law & Policy

I. Adoption and the Clash of Rights Perspectives Adoption law in the United States, depending on whom you ask, is either at a turning point or hopelessly gridlocked. 1 Many issues seem to defy consensus. Media reports of high profile adoption cases 2 have attracted enormous attention, not only because of their inherent drama, but also because they implicate highly contested definitions of what makes a family. Many of the most volatile adoption issues are couched in terms of rights: the birth mother's right to confidentiality; the adoptive parent's right to be treated equally without regard to race, ethnicity, religion, …


C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker Jan 1995

C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker

Duke Environmental Law & Policy Forum

Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of …