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Articles 6571 - 6600 of 10102
Full-Text Articles in Entire DC Network
Chevron Step Zero, Cass R. Sunstein
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Articles
No abstract provided.
Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry
Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Joshua E. Perry
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara
Loyola University Chicago Law Journal
No abstract provided.
The Shattered Vessel: The Dying Person In Jewish Law And Ethics, Philip J. Bentley
The Shattered Vessel: The Dying Person In Jewish Law And Ethics, Philip J. Bentley
Loyola University Chicago Law Journal
No abstract provided.
Choice, Equal Protection And Metropolitan Integration, Myron Orfield
Choice, Equal Protection And Metropolitan Integration, Myron Orfield
Studies
This article, published in the Fordham Urban Law Journal, recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. Such policies should be statewide, or at least regional, in scope. Isolated policies encourage leap-frog development that in turn promotes both sprawl and racial segregation. It also argues that state legislatures must adopt coordinated policy approaches, using Oregon’s comprehensive land use legislation as an example of policies that effectively promote affordable housing and decrease urban sprawl.
Human Rights And The Roles Of Social Scientists, Moncada, Judith Blau
Human Rights And The Roles Of Social Scientists, Moncada, Judith Blau
Societies Without Borders
Human rights entail an expansive conception of humans that stresses their inherent equalities, their responsibilities in democratic societies, and their rights as individuals and group members. This paper refers to the "human rights revolution," especially how it is evident in constitutions, and the relationship between human rights and public goods. Also sketched out are some of the ways that social scientists can promote human rights.
The Story Of Diamond V. Chakrabarty: Technological Change And The Subject Matter Boundaries Of The Patent System, Rebecca S. Eisenberg
The Story Of Diamond V. Chakrabarty: Technological Change And The Subject Matter Boundaries Of The Patent System, Rebecca S. Eisenberg
Book Chapters
Technological change often exposes unstated assumptions lurking in the law and makes them problematic, and patent law is no exception. Although the core mission of the patent system is to promote technological progress, path-breaking new technologies have not always been easily assimilated within its boundaries. The first wave of patent applications on advances in biotechnology in the 1970s illustrate some of the difficulties. Before that time, living organisms had generally been assumed to fall outside the range of patent-eligible subject matter under a timehonored exclusion for "products of nature." But genetically engineered organisms, although derived from naturally occurring life forms, …
The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth
The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth
Book Chapters
Defenders of the notion of jus cogens often explain its basis as the collective international, rather than the individual national, good. On this analysis, principles of jus cogens play a similar role in the international legal system to that played by constitutional guarantees of rights in domestic legal systems. Thus states, as national political majorities, accept the limitation of their freedom of choice "in order to reap the rewards of acting in ways that would elude them under pressures of the moment." Among those jurists who accept the category of jus cogens, however, continuing controversy remains over what norms …
Human Rights In Cuba, Susan Kemp
Human Rights In Cuba, Susan Kemp
Human Rights & Human Welfare
In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.
Giving Lawrence Its Due: How The Eleventh Circuit Underestimated The Due Process Implications Of Lawrence V. Texas In Lofton V. Secretary Of The Department Of Children & Family Services, Megan Backer
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Around The World In Eighty Centiliters, Jim Chen
Around The World In Eighty Centiliters, Jim Chen
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Globalism, Regionalism, Or Both: Health Policy And Regional Economic Integration In Developing Countries, An Evolution Of A Legal Regime, William Onzivu
Globalism, Regionalism, Or Both: Health Policy And Regional Economic Integration In Developing Countries, An Evolution Of A Legal Regime, William Onzivu
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Protecting The Inner Environment: What Privacy Regulation Can Learn From Environmental Law, Dennis D. Hirsch
Protecting The Inner Environment: What Privacy Regulation Can Learn From Environmental Law, Dennis D. Hirsch
Georgia Law Review
This Article takes insights from the field of environmental law and applies them to the emerging area of privacy regulation. Professor Hirsch begins by showing that the information economy's negative impacts on personal privacy are analogous to the smokestack economy's harmful effects on the environment. He then identifies specific regulatory strategies pioneered in the environmental field and explains how to adapt them for use in protecting privacy
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Law Faculty Scholarly Articles
The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …
Mcdonald's Ordered To Respond To 'Fat' Complaint, Jeremy Lamarche
Mcdonald's Ordered To Respond To 'Fat' Complaint, Jeremy Lamarche
Loyola Consumer Law Review
No abstract provided.
Medicinal Marijuana And Palliative Care: Carving A Liberty Interest Out Of The Glucksberg Framework , Adam Hyatt
Medicinal Marijuana And Palliative Care: Carving A Liberty Interest Out Of The Glucksberg Framework , Adam Hyatt
Fordham Urban Law Journal
In Gonzales v. Raich, the Supreme Court vacated the Ninth Circuit’s decision and held that the Controlled Substances Act was not an unconstitutional exercise of the Commerce Clause, yet never reached the substantive due process claim or the medical necessity. This Comment assesses whether there is a right to palliative care and focuses on the substantive due process claim available to the plaintiffs on remand. This Comment argues that, in view of the Court’s precedents, there is a right, subject to limitations, to use last-resort medical marijuana. In addition, the author determines that there is a fundamental right to palliative …
Cooper Industries, Inc. V. Aviall Services, Inc.: Time For A Legislative Response To Restore Voluntary Remediation, Nancy Kubasek, Jay Threet
Cooper Industries, Inc. V. Aviall Services, Inc.: Time For A Legislative Response To Restore Voluntary Remediation, Nancy Kubasek, Jay Threet
Saint Louis University Law Journal
No abstract provided.
Making The Wada Prohibited List: Show Me The Data, Srikumaran Melethil
Making The Wada Prohibited List: Show Me The Data, Srikumaran Melethil
Saint Louis University Law Journal
No abstract provided.
The Shared Assumptions Of The Jury System And The Market System, M. Neil Browne, Carrie Williamson, Garrett Coyle
The Shared Assumptions Of The Jury System And The Market System, M. Neil Browne, Carrie Williamson, Garrett Coyle
Saint Louis University Law Journal
No abstract provided.
Terri Schiavo: Unsettling The Settled, Lois Shepherd
Terri Schiavo: Unsettling The Settled, Lois Shepherd
Loyola University Chicago Law Journal
No abstract provided.
Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?, Neil H. Buchanan
Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?, Neil H. Buchanan
UF Law Faculty Publications
There are bad deficits and there are good deficits. What makes a fiscal deficit good or bad depends on both the context in which the deficit is run and the reason that the deficit is rising. The belief that it is unquestionably foolish to adopt policies that directly or indirectly increase the government's annual borrowing on the financial markets - which is what it means to run a budget deficit - is not the universal truth that the current conventional wisdom might imply. Budget deficits are potentially dangerous and must be monitored carefully, but they are not always, inevitably, completely, …
Environmental Law, Scott D. Deatherage, Becky Jolin, Elizabeth Webb, Matthew J. Knifton, Brendan Lowrey, Chris Smith
Environmental Law, Scott D. Deatherage, Becky Jolin, Elizabeth Webb, Matthew J. Knifton, Brendan Lowrey, Chris Smith
SMU Law Review
No abstract provided.
How Reversible Is Methamphetamine-Related Brain Damage?, Mary Holley
How Reversible Is Methamphetamine-Related Brain Damage?, Mary Holley
North Dakota Law Review
No abstract provided.
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner
Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner
Hofstra Law Review
No abstract provided.
Oh. What A Tangled Web...The Continuing Evolution Of Personal Jurisdiction Derived From Internet-Based Contacts, Scott T. Jansen
Oh. What A Tangled Web...The Continuing Evolution Of Personal Jurisdiction Derived From Internet-Based Contacts, Scott T. Jansen
Missouri Law Review
The explosive impact of the Internet has, by its very existence and lack of defining boundaries, opened the door to a fundamental shift in our traditional conceptions of commerce, interaction and accessibility to information. As the law struggles to address this medium of communication - as a realm unto itself requiring new law or simply as another method of communication to which we will apply traditional notions - technology continues to march forward. New conundrums seem to pop up each year, as the World Wide Web further invades daily life. Of course, the usual suspects are involved: free speech, privacy, …
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Articles
No abstract provided.
Transnational Regulatory Litigation, Hannah Buxbaum
Transnational Regulatory Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement …