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2000

Washington University in St. Louis

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Articles 1 - 30 of 98

Full-Text Articles in Law

Lactation Litigation And The Ada Solution: A Response To Martinez V. Nbc, Hilary Von Rohr Jan 2000

Lactation Litigation And The Ada Solution: A Response To Martinez V. Nbc, Hilary Von Rohr

Washington University Journal of Law & Policy

No abstract provided.


The Good That Lawyers Do, Kathleen M. Sullivan Jan 2000

The Good That Lawyers Do, Kathleen M. Sullivan

Washington University Journal of Law & Policy

My topic is the good that lawyers do. This Essay provides a set of arguments for law students who are coming into this noble calling, this important profession. The essay offers a kind of booster shot, inoculation, or vaccination against every relative, classmate from college, or taxi driver who gives you a hard time about being a lawyer.


Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel Jan 2000

Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel

Washington University Journal of Law & Policy

No abstract provided.


The Right To Exclude Others From Private Property: A Fundamental Constitutional Right, David L. Callies, J. David Breemer Jan 2000

The Right To Exclude Others From Private Property: A Fundamental Constitutional Right, David L. Callies, J. David Breemer

Washington University Journal of Law & Policy

This Essay discusses the fundamental nature of the right to exclude as it emanates not only from decisions of the U.S. Supreme Court but from selected federal circuit and state appellate court decisions. As appears below, the right to exclude applies to both government and private activity on private land, whether the activity is the result of governmental attempts to secure a public interest or of theories associated with stronger rights emanating from custom and public trust.


The Disparate Treatment Of Males And Females Within The Juvenile Justice System, Laura A. Barnickol Jan 2000

The Disparate Treatment Of Males And Females Within The Juvenile Justice System, Laura A. Barnickol

Washington University Journal of Law & Policy

No abstract provided.


Writing Urban Spaces: 'Street Graphics And The Law' As Postmodern Design And Ordinance, Amy Mandelker Jan 2000

Writing Urban Spaces: 'Street Graphics And The Law' As Postmodern Design And Ordinance, Amy Mandelker

Washington University Journal of Law & Policy

In exploring the writing of urban design in legal ordinance and in literary and theoretical inscriptions, the former Soviet Union and the United States might serve as two extremely opposed examples of a hyper-regulated urban planning ethos on the one hand, and an under-regulated, unconstructed ad hoc laissez-faire situation on the other. In his comparative study of city planning in the Soviet Union and the United States, Daniel R. Mandelker found that despite theoretical differences, actual planning processes were subject to similar pressures. Additional convergences occur in architectural design. In both nations, the historical event of the revolutionary establishment of ...


The (Lost) Gifts Of Independence And Market Economy In Slovenia, Peter Bassin Jan 2000

The (Lost) Gifts Of Independence And Market Economy In Slovenia, Peter Bassin

Washington University Journal of Law & Policy

With the start of the fourth dimension, the once perpetual former Austro imperial, Italian and Yugoslav army barracks are slowly disappearing from the mental picture of Slovene cities. The barracks, together with hospitals, breweries, tobacco factories, train stations, gas and electrical power plants formed the almost impassable urban quarters, the so-called “gray zones” of oblivion. The anti-urban characteristic of these huge architectural ensembles radiated negative vibrations throughout their nearby proximity where, even today, we sense these negative influence.


Methods Of Determining Amortization Periods For Non-Conforming Uses, Margaret Collins Jan 2000

Methods Of Determining Amortization Periods For Non-Conforming Uses, Margaret Collins

Washington University Journal of Law & Policy

In the mid-1990s the Planning Department of the Hong Kong government became interested in the American concept of the amortization of non-conforming uses to eliminate noxious land uses threatening the viability of residential areas. Dan Mandelker, my former law professor, led a panel of international experts. The panel served as advisors to the Hong Kong planners on the American experience with amortization and to help them establish a well-conceived, comprehensive, and legally-defensible approach to establishing an amortization system in Hong Kong. Dan provided the historical and legal perspectives, while my own research focussed on techniques to determine amortization schedules for ...


Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye Jan 2000

Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye

Washington University Journal of Law & Policy

This Essay is a meditation on fair housing to pay tribute1 to Professor Daniel R. Mandelker for his sustained contribution to the field of housing and community development law and policy. For more than fifty years he has labored with powerful intellect, keen insight, great skill, and enormous energy. He has been a remarkably productive scholar and a true leader by his shining example to the many who share his scholarly and teaching interests in the housing field and related areas.


The Takings Clause In Billboard Control, Charles F. Floyd Jan 2000

The Takings Clause In Billboard Control, Charles F. Floyd

Washington University Journal of Law & Policy

Communities desiring to reduce billboard clutter face a number of legal obstacles, particularly issues of free speech and takings. This Essay focuses on the latter— does the forced removal of billboards after a period of time, a process commonly called amortization, constitute a constitutional “taking” of the outdoor advertising company’s property? Are there other ways to achieve this objective? What legislative impediments have been placed in the path of communities that want to reduce the number of billboards along their streets and highways?


Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr. Jan 2000

Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr.

Washington University Journal of Law & Policy

This Essay considers the basis for the Growth Management Act’s affordable housing goal, considers the relationship between its achievement and the reduction of urban sprawl. It also links the Growth Management Act’s goal of an equitable distribution of housing resources to a fundamental social aspiration described by the United States Congress as a “decent home and living environment for all Americans.” Indeed, it will be argued that the economic disparity and inequity directly linked to urban sprawl—both a cause as well as an effect—are locked ineluctably to a pathological social process in which they feed upon ...


Contested Landscapes And Local Voice, A. Dan Tarlock Jan 2000

Contested Landscapes And Local Voice, A. Dan Tarlock

Washington University Journal of Law & Policy

This Essay identifies four common elements in the many ad hoc efforts currently being pursued. These elements are not exhaustive, but taken together they suggest that United States land use controls are evolving in a new and important direction. The first element is pre-legal because it is the formulation of a new vision of a community not recognized in the existing legal structure. The second and third are legal actions that extend existing land use and other local regulatory options to increase local community voice in all the determinants of landscape change. The fourth element is post-legal. Communities are turning ...


Toward A Political Economy Of Takings, Jeffry A. Frieden Jan 2000

Toward A Political Economy Of Takings, Jeffry A. Frieden

Washington University Journal of Law & Policy

In this Essay, I offer the musings of one whose own work is of political economy and an area of political economy far removed from the issues typically raised by takings.


Entitlement To Substantive Due Process: Old Versus New Property In Land Use Regulation, Daniel R. Mandelker Jan 2000

Entitlement To Substantive Due Process: Old Versus New Property In Land Use Regulation, Daniel R. Mandelker

Washington University Journal of Law & Policy

This Essay examines an important rule that bars a substantive due process action when a landowner claims that a municipality has arbitrarily denied a development approval. This rule holds that a landowner cannot challenge the denial unless he has an entitlement to the approval.


Inclusion: A New Addition To Remedy A History Of Inadequate Conditions And Terms, Kathryn E. Crossley Jan 2000

Inclusion: A New Addition To Remedy A History Of Inadequate Conditions And Terms, Kathryn E. Crossley

Washington University Journal of Law & Policy

No abstract provided.


The Modern Problem Of Supreme Court Plurality Decision: Interpretation In Historical Perspective, Adam S. Hochschild Jan 2000

The Modern Problem Of Supreme Court Plurality Decision: Interpretation In Historical Perspective, Adam S. Hochschild

Washington University Journal of Law & Policy

No abstract provided.


Missouri's Sexually Violent Predator Law: Treatment Or Punishment?, Laura A. Barnickol Jan 2000

Missouri's Sexually Violent Predator Law: Treatment Or Punishment?, Laura A. Barnickol

Washington University Journal of Law & Policy

No abstract provided.


Real Employees: Cognitive Psychology And The Adjudication Of Non-Competition Agreements, Rena Mara Samole Jan 2000

Real Employees: Cognitive Psychology And The Adjudication Of Non-Competition Agreements, Rena Mara Samole

Washington University Journal of Law & Policy

No abstract provided.


Vesting Verities And The Development Chronology: A Gaping Disconnect?, John J. Delaney Jan 2000

Vesting Verities And The Development Chronology: A Gaping Disconnect?, John J. Delaney

Washington University Journal of Law & Policy

The purpose of this Essay is to identify some of the anomalies arising from the disjointed body of case law on vested rights, particularly as they affect phased developments. An Appendix is provided setting forth the development chronology, with selected court rulings at each step along the way to demonstrate the disparate nature of vesting jurisprudence.


Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich Jr. Jan 2000

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich Jr.

Washington University Journal of Law & Policy

This Essay will review briefly some of the legal mechanisms being used to foster neighborhood collaborative planning. Two strategies for achieving the goals developed through these mechanisms will be examined: (1) the confrontation model and (2) the consensus building approach.


Epilogue, Robert H. Freilich Jan 2000

Epilogue, Robert H. Freilich

Washington University Journal of Law & Policy

No abstract provided.


Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti Rai Jan 2000

Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti Rai

Washington University Journal of Law & Policy

This Article analyzes the Court of Appeals for the Federal Circuit and United States Patent and Trademark Office as an integrated Institution.


Requiring Disclosure Of The Origin Of Genetic Resources And Prior Informed Consent In Patent Applications Without Infringing The Trips Agreement: The Problem And The Solution, Nuno Pires De Carvalho Jan 2000

Requiring Disclosure Of The Origin Of Genetic Resources And Prior Informed Consent In Patent Applications Without Infringing The Trips Agreement: The Problem And The Solution, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The purpose of this Article is to discuss how the requirement that the origin of genetic resources and prior informed consent be disclosed in patent applications can be adopted by World Trade Organization Members at the national, regional, or international levels without infringing the TRIPS Agreement.


Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men, Cynthia M. Ho Jan 2000

Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men, Cynthia M. Ho

Washington University Journal of Law & Policy

This Article seeks to advance the discussion of the proper role of ethics and morality in the United States patent system by examining existing models of incorporating ethics into the context of patentability.


Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka Jan 2000

Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka

Washington University Journal of Law & Policy

This Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology.


Gustav Radbruch: An Extraordinary Legal Philosopher, Heather Leawoods Jan 2000

Gustav Radbruch: An Extraordinary Legal Philosopher, Heather Leawoods

Washington University Journal of Law & Policy

No abstract provided.


Much Ado About Miranda, Kathryn E. Crossley Jan 2000

Much Ado About Miranda, Kathryn E. Crossley

Washington University Journal of Law & Policy

No abstract provided.


Get Clean Or Get Out: Landlords Drug-Testing Tenants, David Lang Jan 2000

Get Clean Or Get Out: Landlords Drug-Testing Tenants, David Lang

Washington University Journal of Law & Policy

No abstract provided.


On Courts Herding Cats: Contending With The “Written Description” Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis Jan 2000

On Courts Herding Cats: Contending With The “Written Description” Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Washington University Journal of Law & Policy

This Essay explores the problem of incoherence among modern disclosure doctrines.


Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung Jan 2000

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung

Washington University Journal of Law & Policy

This Article surveys recent Federal Circuit decisions regarding biotechnology-related subject matter from the combined perspectives of science and the law.