Digital Commons Network^™

Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz

Journal of Criminal Law and Criminology

No abstract provided.

Prisoners' Suits For Money Damages: An Exception To The Administrative Exhaustion Requirement Of The Prison Litigation Reform Act, Allen W. Burton

Fordham Law Review

No abstract provided.

Greater Miami Chamber Of Commerce "Guaranteed Results: Investing In The Front End Of Life" November 1, 2000, David Lawrence

Nova Law Review

No abstract provided.

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.

2000 Legislative Review, Alicia Finigan

Animal Law Review

Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a re­view of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certifica­tion of Japan for violating the International Whaling Com­mission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.

Public Health Theory And Practice In The Constitutional Design, Lawrence O. Gostin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin this Essay by identifying some problems with conducting an empirical inquiry into Congress's performance in constitutional matters. I argue that there is actually only a small set of issues for which we have a reasonably clean record to evaluate. With the problems I have identified in the background, I then examine some aspects of Congress's performance in the impeachment of President William J. Clinton and, more briefly, some aspects of its response to a presidential military initiative taken without formal prior congressional endorsement. I conclude that Congress's performance in the impeachment, however flawed, was reasonably good, and that …

All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States Supreme Court ruled that once a state undertakes to provide children with educational opportunities, such education services must be available to all children on equal terms. However, even though all states must offer a public education system, certain classes of children are not receiving equal educational opportunities. Migrant children are one of the most disadvantaged groups in today’s education system. Some of the unique challenges these children face include interrupted schooling, limited English proficiency, poverty, lack of health and nutrition, pressures from work and family responsibilities, and a lack of parental involvement in their education. These hurdles …

Environmental Law Slogans For The New Millenium, Michael Allan Wolf

University of Richmond Law Review

Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines.

Review Of The 2000 Trademark Decisions By The Court Of Appeals For The Federal Circuit, Geri L. Haight, Aina Pfeifer

American University Law Review

No abstract provided.

A Vision Of Health And Human Rights For The 21st Century: A Continuing Discussion With Stephen P. Marks, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Professor Marks offers an eloquent vision of health and human rights in the 21st Century. As the Director of the Francois-Xavier Bagnoud Center for Health and Human Rights, Professor Marks ably carries the torch that Jonathan Mann lit in the field until his tragic death on September 2, 1998. Professor Marks stands along with the leading figures in health and human rights - e.g., Audrey Chapman, Sofia Gruskin, Michael Kirby, Daniel Tarantola, Brigit Toebes, Katarina Tomasevski, and Virginia Leary.

International Criminal Justice From Paper To Practice - A Contribution From The International Criminal Tribunal For Rwanda To The Establishment Of The International Criminal Court, Adama Dieng

Fordham International Law Journal

The international society's pursuit of international criminal justice entails the creation of a stateless jurisdiction with international scope that holds individuals, rather than States, responsible. As the institutions mandated to exercise international criminal jurisdiction begin to develop their operations, it becomes clear that the execution of justice entails a wide range of policy decisions normally undertaken by the State, in terms of legal aid, policing, education, and information, to mention but a few areas. The International Criminal Court may draw upon the wealth of operational experience of the Tribunals in these areas, but will nonetheless continue to develop its own …

The Quest For Uniformity In Mediation Confidentiality: Foolish Consistency Or Crucial Predictability?, Ellen E. Deason

Marquette Law Review

No abstract provided.

Expansion Of Third World Women's Empowerment: The Emergence Of Sustainable Development And The Evolution Of International Economic Strategy, Katherine Spengler

Colorado Environmental Law Journal

No abstract provided.

The Conference On Sustainable Food Security For All By 2020 Concedes That Goal Is Unlikely, Paige Gardner

Colorado Environmental Law Journal

No abstract provided.

Why Retire The Feminization Of Poverty Construct?, Athena D. Mutua

Journal Articles

The "feminization of poverty" concept should be retired, if it has not already been so. It should be retired, even though the concept has been extremely powerful as a discursive construct. In a phrase, the idea captured a seemingly universal phenomenon, inspired theoretical research into the nexus between women and poverty, and summoned coalitions of women by marking an agenda for, and among, women across the boundaries of race, ethnicity, and nationality. In short, it has been a war cry, demanding and framing analyses of women's poverty, and justifying and inspiring women's collective action. Nevertheless, the feminization of poverty construct …

Rulemaking, Michael Herz

Articles

No abstract provided.

Book Reviews, Mike Jenuwine, Robert B. Bloom, Jane E. Barden

Journal Articles

Book Reviews

• Roberrt, B. Boom, Lives of Moral Leadership, by Robert Coles. Random House: New York, NY, 2000, 247 pages.
• Jane E. Borden & Michael J. Jenuwine, Ordinary Resurrections: Children in the Years of Hope,  by Jonathan Kozol.New York, Crown Publishers, 2000. 388 pages.  

Sandra Day O'Connor: A Justice Who Has Made A Difference In Constitutional Law, Charles D. Kelso, R. Randall Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Law Review Articles

This article considers whether providing additional content to the concept of good faith in the area of contract modification is possible or desirable. The article explores the modification puzzle and the issues of erratic justice that result from the nebulous nature of the UCC test, and evaluates an alternative test (the sequential approach) that scrutinizes each step of the modification process and imports the standard of reasonable grounds into this context.

Part II discusses terminology and fundamental concepts in this area of law, including the reasons for seeking a modification, the steps of a modification, and the typical defense to …

Deregulation And The Administrative Role: Looking At Dietary Supplements, Margaret Gilhooley

Montana Law Review

Deregulation and the Administrative Role

Caretakers And Collaborators, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

A chilling subplot in the twentieth-century saga of state-sponsored mass murder, torture, and other atrocities was the widespread incidence of medical complicity. Nazi doctors’ human “experiments” and assistance in genocidal killing are the most oft-cited exemplar, but wartime Japanese physicians’ human vivisection and other grotesque practices rivaled the Nazi medical horrors. Measured by these standards, Soviet psychiatrists’ role in repressing dissent, Latin American and Turkish military doctors’ complicity in torture, and even the South African medical profession’s systematic involvement in apartheid may seem, to some, almost prosaic. Yet these and other reported cases of medical complicity in human rights abuse …

Integration & Biocomplexity, Lakshman Guruswamy

Publications

Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in …

Troxel And The Limits Of Community, Margaret F. Brinig

Journal Articles

The Troxel grandparent-visitation case that frames this symposium, the Washington statute included in Troxel, the mercifully completed odyssey of Cuban-born Elian Gonzalez, and the "right to die" case of Hugh Finn all illustrate both the fervor with which the broader community justifies its involvement with families and the extremes to which this involvement can spread. Using constitutional language, advocates point out the rights of extended family members to continue or strengthen ties to children, whether adult or minor. On the other side, parents and spouses claim their own rights not to have outsiders second-guess or interfere with their decisions.

Though …

Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller

American Indian Law Review

No abstract provided.

"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt

American Indian Law Review

No abstract provided.

The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid

LLM Theses and Essays

This study examines the effectiveness of the modernization theory in Egypt, a developing Muslim society. As in the case of other developing societies, Egypt's modernization is uneven. Therefore, I will examine modernization as it relates to Muslim women in Egypt in as far as they vary in their exposure to the modernizing influences of advanced technology. Egypt has experienced a variety of social, judicial, economic, demographic, and political modifications. These changes have greatly affected Muslim women in Egypt and their family life. Not all of the issues underlying modernization will be addressed in this research. Type of family structure and …

Biotechnology And International Law, Sean D. Murphy

GW Law Faculty Publications & Other Works

Emerging applications in the field of biotechnology hold great promise for promoting the health and well-being of the global community, especially in developing states. Yet significant concerns have emerged about biotechnology in the transnational sphere, concerns that no doubt will increase in decades to come. The purpose of the article is to assess the strengths and limits of existing international norms and structures designed to address these concerns, and to suggest a means for augmenting current structures to make them more effective. International law develops and regulates transnational behavior in a manner that goes well beyond the development treaty regimes. …

Breastfeeding In The American Workplace, Shana M. Christrup

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third District Court of Salt Lake County Honorable G. Hal Taylor, Judge