Digital Commons Network^™

The Legal Construction Of Adolescence, Elizabeth S. Scott

Hofstra Law Review

Two features of the legal regulation of childhood seem troublesome, but ultimately contribute to sensible policies in most contexts. First, the boundary between childhood and adulthood varies in different policy domains, through a regime of age grading under which elementary school students are deemed adults for some legal purposes, while, for other purposes, college students are children. Second, the transitional stage of adolescence is virtually invisible, because, for most purposes, law makers employ binary categories, classifying adolescents as either children or as adults. This framework - a series of legislative bright line rules, arrayed around a presumptive age of majority …

Standardized Tests: The Continuation Of Gender Bias In Higher Education, Andrea L. Silverstein

Hofstra Law Review

No abstract provided.

Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles

Seattle University Law Review

In this Article, I will first examine the facts of the Pentecostal Church case, where the above quoted offensive language was used by the Puerto Rico Supreme Court (I). Later I will illustrate the reaction this language produced (II). Following this, I will briefly comment on the benefits and limits of a more conciliatory manner of expression (III). Finally, I will raise some questions as to whether the therapeutic jurisprudence movement should venture into conflicts where the parties are, in effect, testing out their respective political strengths or if it should concentrate on the more traditional fields that have earned …

A Comparative Analysis Of Anti-Trafficking Intervention Approaches In Nepal, Catrin Evans, Pankaja Bhattarai, Celine Daly, Vaishali Sharma Mahendra, Nick Langton

Poverty, Gender, and Youth

This report on current intervention models is part of a larger research study entitled “Intervention Needs for the Prevention of Trafficking and the Care and Support of Trafficked Persons in the Context of an Emerging HIV/AIDS Epidemic in Nepal.” The United States Agency for International Development supported this comprehensive study under the Population Council’s Horizons Program. The Population Council subcontracted the Asia Foundation in Kathmandu to conduct the research. This report documents and analyzes current intervention models for the prevention of trafficking and the care and support of trafficked persons in Nepal. Between August and September 2000, two researchers interviewed …

Computer Reservations Systems, Airlines, And The Internet, Aimee Minick

Journal of Air Law and Commerce

No abstract provided.

International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter, Tracy Sund

Faculty Publications

No abstract provided.

Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie

Articles, Book Chapters, & Popular Press

In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …

The Impact Of Managed Care Payer Contracts On The Subspecialty Medical Provider: Policy Implications That Impact On The Care Of Disabled Children, Dr. Stephanie Rifkinson-Mann

Fordham Urban Law Journal

This Note explores the impact of current managed care contractual practices on the subspecialty provider's ability to deliver health care to chronically ill and disabled children. In doing so, it delves into the historical events giving rise to the development of health care reform. It then reviews various physician agreements with several managed care organizations ("MCOs") to demonstrate how contract conditions affect compensation for pediatric neurosurgical services. This Note then details the impact of managed care on the management of the chronic health problems of such children and proposes alternative solutions for affordable health care delivery systems for poor, medically …

Building The World Community: Challenges For Legal Education, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Challenges Of Globally Accessible Process, Peter L. Strauss

Faculty Scholarship

This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …

The State Of Utah V. Geraldine M. Davis : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment of Second District Juvenile Court for Salt Lake County Honorable John Farr Larson

Social And Economic Rights: Can They Be Made Justiciable, Albie Sachs

SMU Law Review

No abstract provided.

Still Hazy After All These Years: New York City's Local Law 38 And The Legislative Debate Over Landlord Liability In Lead Paint Poisoning Cases, Verne A. Pedro

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Eliminating The Destitution Of America's Homeless: A Fair, Federal Approach, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii

Buffalo Law Review

No abstract provided.

The Continuing Tobacco War: State And Local Tobacco Control In Washington, Alan E. Scott

Seattle University Law Review

This Article examines Washington's exemplary tobacco control efforts in the context of the larger, historical struggle to regulate tobacco. The Article begins in Part II with a brief description of the history of tobacco regulation in the United States. Part III examines the Master Settlement Agreement and its weaknesses. Part IV discusses the preference for local government regulation and the obstacles encountered. Part V examines the scope of legal authority of Washington's local governments to enact tobacco control measures, and Part VI describes Washington's tobacco control measures and the interplay between local, state, and federal laws.

Feedlots -- Rural America's Sewer, Marilyn Lee Nardo

Animal Law Review

Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act …

Animal Law -- The Casebook, Steven M. Wise

Animal Law Review

No abstract provided.

Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger

Journal of Law and Health

Medical decision-making is one area where drawing and applying a single defining line between childhood and adulthood has proven difficult. Each society determines how it will allocate decision-making authority with respect to children. This article will address how such allocations have been developed in the United States and the United Kingdom. An analysis of the capacity of an adolescent to make decisions remains incomplete without some consideration of the role of parent(s) and of the government. It is precisely here that recent developments in the United Kingdom may provide helpful guidance in the United States.

Horton Hodsen V. Craig Jackson : Appellant's Petition For Writ Of Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah V. Richard Norris : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is an appeal from a criminal conviction for two counts of Communications Fraud under Utah Code Ann. § 76-10-1801(1), after a guilty plea entered on November 17,1999, before the Honorable Judge Reese in the Third District Court in and for Salt Lake County.

Hercules Incorporated V. Utah State Tax Commission : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF RESPONDENT/APPELLEE

On Petition for Writ of Review of the Utah State Tax Commission's Final Decision in Appeal No. 98-0707

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

Introduction: Symposium In Honor Of Dean Emeritus Harry H. Wellington, Richard A. Matasar

NYLS Law Review

No abstract provided.

Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Fordham International Law Journal

This Essay first reviews the controversy surrounding the issuance of procedures for amicus curiae submissions by the Appellate Body in E.C.—Asbestos. Second, it looks at the history and practice of amicus curiae briefs at the WTO. Third, the Essay looks at how in the United States an amicus curiae has changed from being a “friend of the court” to a “judicial lobbyist,” and specifically, focusing on the procedural approach taken by the U.S. Supreme Court in addressing the negative impact of such judicial lobbying. Finally, the Essay draws certain lessons from the U.S. experience and concludes that the Appellate Body …

Transnational Corporate Behavior And Its Disparate And Unjust Effects On The Indigenous Cultures And The Environment Of Developing Nations: Jota V. Texaco, A Case Study, Scott E. Holwick

Colorado Environmental Law Journal

No abstract provided.

Internet Resources Related To Nursing Care Facilities, Robin Schard

Articles

No abstract provided.

Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby

Richmond Journal of Law & Technology

From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …

Annual Survey Of Virginia Law: Environmental Law, Eric A. Degroff

University of Richmond Law Review

This article summarizes federal and state environmental developments occurring in, or potentially affecting, the Commonwealth of Virginia during the period of June 1998 to June 2000. Legislative, regulatory, and judicial developments are included.