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Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White

Northwestern Journal of Law & Social Policy

No abstract provided.


Unwelcome Benefits: Why Welfare Beneficiaries Reject Government Aid, Barak Y. Orbach Jan 2006

Unwelcome Benefits: Why Welfare Beneficiaries Reject Government Aid, Barak Y. Orbach

Minnesota Journal of Law & Inequality

No abstract provided.


Need For Cognition And Message Complexity In Motivating Fruit And Vegetable Intake Among Callers To The Cancer Information Service, Pamela Williams-Piehota, Judith Pizarro, Stephanie A. Navarro Silvera, Linda Mowad, Peter Salovey Jan 2006

Need For Cognition And Message Complexity In Motivating Fruit And Vegetable Intake Among Callers To The Cancer Information Service, Pamela Williams-Piehota, Judith Pizarro, Stephanie A. Navarro Silvera, Linda Mowad, Peter Salovey

Department of Public Health Scholarship and Creative Works

This field experiment examined the impact of an individual's need for cognition (NFC; the tendency to enjoy thinking deeply about issues), complex versus simple messages, and the interaction of NFC and message type on encouraging fruit and vegetable consumption. Callers to the Cancer Information Service of the National Cancer Institute (N = 517) were asked to participate in the experiment at the end of their call. Individual NFC was assessed, and participants were assigned randomly to receive a telephone message promoting fruit and vegetable consumption that was either complex and multifaceted or simple and straightforward. Similarly constructed brochures were mailed …


Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh Jan 2006

Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh

Articles, Book Chapters, & Popular Press

Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …


The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell Jan 2006

The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell

Fordham Urban Law Journal

Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed de facto criminal perpetrators. However, drug use falls short of being prima facie evidence of intent to harm, particularly in social circumstances where drug-using economics are endemic. The cases in this article signal the limits of tolerance and the increasingly conditional nature of public welfare provision by raising the specter of a generation of urban mothers - and grandmothers - unable to care for their kids. These cases also reflect the policy-making role into which hospitals and the courts have stepped in the …


The Unbearable Lightness Of Regulatory Costs, Frank Ackerman Jan 2006

The Unbearable Lightness Of Regulatory Costs, Frank Ackerman

Fordham Urban Law Journal

The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.


The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter Jan 2006

The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Impact Of The Proposed Federal E-Discovery Rules, Thomas Y. Allman Jan 2006

The Impact Of The Proposed Federal E-Discovery Rules, Thomas Y. Allman

Richmond Journal of Law & Technology

Because of a conviction that e-discovery presents unique issues requiring uniform national rules, the Judicial Conference of the United States (“Judicial Conference”) has recommended and the Supreme Court has approved a number of amendments to the Federal Rules of Civil Procedure (“Proposed Rules”), which are scheduled to go into effect at the end of 2006.


A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg Jan 2006

A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg

Richmond Journal of Law & Technology

Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5


Legal, Factual And Other Internet Sites For Attorneys And Others, Timothy L. Coggins Jan 2006

Legal, Factual And Other Internet Sites For Attorneys And Others, Timothy L. Coggins

Richmond Journal of Law & Technology

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information (including social security numbers in some instances) about individuals.


Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson Jan 2006

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Causing Death For Compassionate Reasons In American Law, Richard Kay Jan 2006

Causing Death For Compassionate Reasons In American Law, Richard Kay

Faculty Articles and Papers

This essay, a revised version of the United States report on Euthanasia to be presented at the XVII International Congress of Comparative Law, surveys the state of the law, both decisional and statutory, on the permissibility of compassionately motivated actions to terminate human life. It deals with a range of legal categories: suicide, attempted suicide, euthanasia, assisted suicide and the termination of life-sustaining treatment. It highlights the deeply ambivalent attitudes held toward these actions in contemporary America and how this ambivalence has resulted in obscure and artificial distinctions.


Planning For End-Of-Life Health Care Decisions--What National Survey Results Reveal, Linda S. Whitton Jan 2006

Planning For End-Of-Life Health Care Decisions--What National Survey Results Reveal, Linda S. Whitton

Law Faculty Publications

No abstract provided.


In Respect Of People Living In A Permanent Vegetative State - And Allowing Them To Die, Lois Shepherd Jan 2006

In Respect Of People Living In A Permanent Vegetative State - And Allowing Them To Die, Lois Shepherd

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu Jan 2006

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu

Faculty Publications

No abstract provided.


The Modern Age Of Informed Consent, Barbara L. Atwell Jan 2006

The Modern Age Of Informed Consent, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This essay explores the informed consent ramifications of the confluence of these two phenomena: developments in medical technology and emerging adulthood. In particular, it explores consent to medical treatments by emerging adults that are both elective and irreversible. In such cases, policy considerations dictate that additional safeguards be implemented to ensure that the consent given is truly informed. Part II of this essay provides an overview of the informed consent doctrine and outlines a variety of advancements in elective medical technology. Part III explores the concept of emerging adulthood. Part IV suggests that when emerging adults seek medical treatments that …


Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino Jan 2006

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

Scholarly Works

No abstract provided.


Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan Jan 2006

Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan

Scholarly Works

Where UNHCR conducts refugee status determination (RSD), its reactions to legal aid for asylum-seekers have been mixed. Statistical evidence collected from Egypt in 2002 indicates a correlation between receiving some form of legal aid service and an asylum-seeker's increased chances of gaining refugee protection from UNHCR. Unconventional forms of legal aid, including limited services by supervised non-lawyers (including volunteers from the refugee community) showed a positive impact on first instance cases, while traditional legal aid models showed an impact at the appeal stage. Legal aid should form an essential part of UNHCR's RSD procedures, and NGOs should work to expand …


Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez Jan 2006

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez

Faculty Articles

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …


2005-2006 Legislative Review, Sunrise Cox Jan 2006

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.


Buying White Beauty, Imani Perry Jan 2006

Buying White Beauty, Imani Perry

Cardozo Journal of Equal Rights & Social Justice

The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.


2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe Jan 2006

2006 Schroeder Scholar In Residence Lecture -- Worst Pills, Best Pills, Sidney M. Wolfe

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Knowing Killing And Environmental Law, Lisa Heinzerling Jan 2006

Knowing Killing And Environmental Law, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

My goal here is modest: I simply wish to defend the view that the moral commitment against knowing killing should play a role in decisions about environmental problems. In recent years, economic analysis has substantially succeeded in de-ethicizing environmental issues; this paper is part of an effort to re-ethicize them. In previous work, I have criticized the use of cost-benefit analysis in making decisions about the environment. One source of my criticism has been the mismatch between moral values and economic valuation. I have, however, tended to leave the moral values I have defended rather vaguely defined. In this paper, …


Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff Jan 2006

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable …


Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga Jan 2006

Taking A Bite Out Of The Harmful Effects Of Mercury In Dental Fillings: Advocating For National Legislation For Mercury Amalgams, Kimberly M. Baga

Journal of Law and Health

Mary Stephenson, a fifty-nine-year-old grandmother, visited dozens of counselors and experienced with an array of antidepressants but nothing worked to curb her suicidal feelings. Janie McDowell, a fifty-six-year-old housewife, suffered from hand tremors, leg-muscle spasms, recurring nausea, chronic bladder and kidney infections, severe depression, short-term memory loss, and slurred speech. Freya Koss, a former event planner, experienced dizziness and double vision. Physicians misdiagnosed Koss with lupus, multiple sclerosis, and, finally myasthenia gravis. The common theme among these medical tragedies is that the above victims all returned to being healthy, active adults after the removal of their mercury amalgam dental fillings. …


Bioshield 2: A Shot In The Right Direction?, Lindsay Frank Jan 2006

Bioshield 2: A Shot In The Right Direction?, Lindsay Frank

Public Interest Law Reporter

No abstract provided.


Sharp Increases In Heating Prices And Limited Government Assistance Spark Concerns About Potential Home Heating Crisis, Claire Mariano Jan 2006

Sharp Increases In Heating Prices And Limited Government Assistance Spark Concerns About Potential Home Heating Crisis, Claire Mariano

Public Interest Law Reporter

No abstract provided.


Incrementalism, Ideology And Social Choice: Should The United States Ratify The U.N. Convention On The Rights Of The Child - A Practical Perspective, Cleveland Ferguson Iii Jan 2006

Incrementalism, Ideology And Social Choice: Should The United States Ratify The U.N. Convention On The Rights Of The Child - A Practical Perspective, Cleveland Ferguson Iii

Florida A & M University Law Review

No abstract provided.


Oklahoma Advance Directive Act: Denying Choice To Those Who Cannot Choose--A Proposal For Legislative And Practical Alternatives, Matthew B. Hickey Jan 2006

Oklahoma Advance Directive Act: Denying Choice To Those Who Cannot Choose--A Proposal For Legislative And Practical Alternatives, Matthew B. Hickey

Oklahoma Law Review

No abstract provided.