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Articles 61 - 90 of 176
Full-Text Articles in Entire DC Network
Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.
Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.
ILSA Journal of International & Comparative Law
"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.
Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin
Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin
Laws and Legislation Collection
As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …
The Myth Of The Magic Circle: Rejecting A Single Governance Model, Trey Hickman, Kristin Hickman
The Myth Of The Magic Circle: Rejecting A Single Governance Model, Trey Hickman, Kristin Hickman
Articles
No abstract provided.
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
Hormone Therapy For Postmenopausal Women: A Brief History Of Time, Cynthia A. Stuenkel
UC Law SF Journal on Gender and Justice
All women who live long enough with ovaries intact will experience the menopause transition. This nearly universal, natural physiological event transcends mere biology, however. In our culture, the menopause also connotes a marker of aging. Margaret Meade considered menopause as the portal to a season of postmenopausal zest. Others, such as the infamous gynecologist Robert Wilson, approached menopause as an endocrine deficiency disorder with only negative sequelae in a woman's appearance, sexuality, and health. In an effort to relieve women's symptoms and to ward off the vagaries of aging, hormone therapy entered midstream medicine over fifty years ago. In an …
The Assault On Bad Food: Tobacco-Style Litigation As An Element Of The Comprehensive Scheme To Fight Obesity, Jada Fehn
Faculty Scholarship
This article provides a summary of the obesity epidemic - the economic costs and importantly, some causes. The need for a comprehensive scheme will be explained by examining the shortfalls of current regulatory mechanisms. Next, this article will explain the three waves of tobacco litigation, the strategy involved in each, and why the third wave left an impact. Then, the current status of food litigation will be explained. Next, applying the tobacco model to big food, this article will make it clear that discovery is crucial in several respects. Lastly, an explicit call to action and a battle plan will …
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Publications
No abstract provided.
Juridical Personality And Intimacy , Michael Mcauley
Juridical Personality And Intimacy , Michael Mcauley
Journal of Civil Law Studies
No abstract provided.
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Cardozo Law Review
No abstract provided.
Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd
Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd
Brigham Young University Education and Law Journal
No abstract provided.
Sticky Metaphors And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Elise J. Percy, Joseph L. Hoffman, Steven J. Sherman
Sticky Metaphors And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Elise J. Percy, Joseph L. Hoffman, Steven J. Sherman
University of Michigan Journal of Law Reform
This Article begins with a curious puzzle: Why has the traditional voluntary manslaughter doctrine in criminal law-the so-called "heat of passion" defense to a charge of murder-proven so resistant to change, even in the face of more than a half-century of seemingly compelling empirical and normative arguments in favor of doctrinal reform? What could possibly account for the traditional doctrine's surprising resilience? In this Article, we propose a solution to this puzzle. The Article introduces a new conceptual theory about metaphor-the "sticky metaphor" theory-that highlights an important aspect of metaphorical language and metaphorical thought that has been almost completely overlooked …
The Resilience Principles: A Framework For New Ict Governance, Pierre De Vries
The Resilience Principles: A Framework For New Ict Governance, Pierre De Vries
Colorado Technology Law Journal
No abstract provided.
Sociology And Human Rights Education: Beyond The Three Generations?, Mark Frezzo
Sociology And Human Rights Education: Beyond The Three Generations?, Mark Frezzo
Societies Without Borders
This article examines the uses and limitations of the prevailing classificatory schema in the field of human rights—a tripartite framework that delineates first-generation civil and political rights ensuring liberty, second-generation economic and social rights promoting equality, and third-generation group and cultural rights supporting solidarity. When applied strictly, the framework runs the risk of reifying the three categories, exaggerating the impact of the European Enlightenment on contemporary norms, and overlooking the historical contexts in which rights-claims emerge. Though useful for analytic and pedagogical purposes, the existing paradigm fails to capture the full spectrum of human rights violations and solutions in the …
Disabilitiy And Designer Babies, Brigham A. Fordham
Disabilitiy And Designer Babies, Brigham A. Fordham
Valparaiso University Law Review
No abstract provided.
Structural Racism And The Law In America Today: An Introduction, William M. Wiecek
Structural Racism And The Law In America Today: An Introduction, William M. Wiecek
Kentucky Law Journal
No abstract provided.
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
Articles by Maurer Faculty
No abstract provided.
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Parameters of Law in Student Affairs and Higher Education (CNS 670)
In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …
Know Your Limit: How Legislatures Have Gone Overboard With Per Se Drunk Driving Laws And How Men Pay The Price, Andrew Gore
Know Your Limit: How Legislatures Have Gone Overboard With Per Se Drunk Driving Laws And How Men Pay The Price, Andrew Gore
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski, Matthew D. Show
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski, Matthew D. Show
UC Law Science and Technology Journal
Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson's Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly apparent in the fields of diagnostic and personalized medicine. This note discusses both modern Supreme Court precedent regarding the requirements for a patentable method claim as how Bilski v. Doll, a business method case, threatens to make such methods unpatentable. Additionally, this note offers the results of an analysis demonstrating how patent agents and attorneys currently draft these types …
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.
American Indian Law Review
Law confirms but seldom determines the course of a society. Values and beliefs, instead, are the true polestars, incrementally implemented by the laws, customs, and policies. The Chiricahua Apache, a tribal society of hunters, gatherers, and raiders in the mountains and deserts of the Southwest, were squeezed between the growing populations and economies of the United States and Mexico. Raiding brought response, reprisal, and ultimately confinement at the loathsome San Carlos Reservation. Though most Chiricahua submitted to the beginnings of assimilation, a number of the hardiest and least malleable did not. Periodic breakouts, wild raids through New Mexico and Arizona, …
Will Teachers Shed Their First Amendment Rights At The Schoolhouse Gate?, Jonel Newman
Will Teachers Shed Their First Amendment Rights At The Schoolhouse Gate?, Jonel Newman
University of Miami Law Review
No abstract provided.
Emissions Trading Across China: Incorporating Hong Kong And Macau Into An Urgently Needed Air Pollution Control Regime Under One Country, Two Systems, Lin Feng, Jason Buhi
Emissions Trading Across China: Incorporating Hong Kong And Macau Into An Urgently Needed Air Pollution Control Regime Under One Country, Two Systems, Lin Feng, Jason Buhi
Florida State University Journal of Transnational Law & Policy
China's status as the world's largest sulfur dioxide emitter carries with it serious hazards to human and ecosystem health. The National People's Congress began to address this in 2000, when it promulgated national SO2 emissions caps. By 2010, S02 emissions across the Mainland were supposed to stabilize at pre-set baselines. Rather than decreasing, however, emissions are reaching alarming new levels. China needs a more powerful mechanism, such as an emissions trading scheme (ETS), to achieve lower levels of emissions. The United States' Acid Rain Program provides an almost ideal model, but a unique variable is added when Hong Kong and …
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Articles & Book Chapters
This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …
A Tiny Problem With Huge Implications - Nanotech Agents As Enablers Or Substitutes For Banned Chemical Weapons: Is A New Treaty Needed?, Evan J. Wallach
A Tiny Problem With Huge Implications - Nanotech Agents As Enablers Or Substitutes For Banned Chemical Weapons: Is A New Treaty Needed?, Evan J. Wallach
Fordham International Law Journal
The underlying thesis of this Article is that while smaller-sized particles and separate nano-sized carriers of known agents are clearly covered by the CWC, nanomimics are not as squarely within the relevant provisions. The bulk of this Article deals with that question. Despite the invitation to woolgather, this Article is limited to the tightest possible analytical approach. Part I begins with definitions of chemical and biological agents within existing treaties, and of nanoproducts, including those existing beyond presently-known technical capabilities, but which are at least reasonably conceivable (“nanobots”). Part II provides an overview of treaty law that is potentially applicable …
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
William & Mary Bill of Rights Journal
No abstract provided.
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Cornell International Law Journal
No abstract provided.
Environmental Justice In The Tribal Context: A Madness To Epa's Method, Catherine O’Neill
Environmental Justice In The Tribal Context: A Madness To Epa's Method, Catherine O’Neill
Faculty Articles
Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been differently framed, given tribes' unique legal and political status. Specifically, EPA ought to have confronted squarely the impact of its decision on tribes' fishing rights, rather than consider these rights as a mere afterthought. EPA 's process, too, should have been differently conducted EPA should have consulted with tribes from …
Laws Of Nature And The Business Of Biotechnology, Phillip Mcgarrigle, Vern Norviel
Laws Of Nature And The Business Of Biotechnology, Phillip Mcgarrigle, Vern Norviel
Santa Clara High Technology Law Journal
No abstract provided.
Law In An Era Of 'Smart' Technology, Susan W. Brenner
Law In An Era Of 'Smart' Technology, Susan W. Brenner
School of Law Faculty Publications
Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced?
Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, …
Those Pesky Footnotes - Part I, Douglas E. Abrams
Those Pesky Footnotes - Part I, Douglas E. Abrams
Faculty Publications
No abstract provided.