Digital Commons Network^™

The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton

Faculty Articles

Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …

The Orphan Drug Act: What's Right With It, Gary A. Pulsinelli

Santa Clara High Technology Law Journal

No abstract provided.

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

Articles & Chapters

No abstract provided.

The Future Of Bioethics Testimony: Guidelines For Determining Qualifications, Reliability, And Helpfulness, Bethany Spielman, George Agich

San Diego Law Review

This Article addresses key questions about expert bioethics testimony4 from within the framework of the basic rule concerning expert witnesses, Federal Rule of Evidence 702.' This Rule6 requires judges to affirmatively answer three basic questions before admitting expert testimony: (1) does this witness qualify as an expert by knowledge, skill, experience, training, or education; (2) does the testimony consist of scientific, technical or other specialized knowledge; and (3) will the testimony assist the trier of fact. Bioethics testimony presents distinctive problems in each area, on which commentators have not necessarily focused. Part II of this Article addresses the question of …

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

UC Law Journal

In addition to regulating different substantive areas, administrative agencies differ in the enforcement systems they use to implement regulatory regimes. In this article, Professor Bhagwat identifies a crucial distinction between ex ante enforcement regimes, which authorize agencies to review, approve, or disapprove of regulated conduct before it occurs, and ex post regimes, which limit agencies to prosecuting and penalizing regulatory violations after they have occurred. Ex ante authority appears in a variety of guises, including licensing schemes, preclearance or preapproval requirements, and certification requirements. Their common feature is that ex ante enforcement regimes place the burden of inertia, delay, and …

Advertising Policies Of Medical Journals: Conflicts Of Interest For Journal Editors And Professional Societies, David Orentlicher

Scholarly Works

No abstract provided.

Physician-Assisted Suicide: State Legislation Teetering At The Pinnacle Of A Slippery Slope, Eunice Park

William & Mary Bill of Rights Journal

Physician-assisted suicide has become the subject of a hotly contested legal and political debate, both in the United States and abroad. In 1997, the United States Supreme Court rendered two decisions concerning physician-assisted suicide, and two states recently enacted legislation on this issue: Oregon in 1997 and Virginia in 1998. Nevertheless, the legality of physician-assisted suicide remains unclear as doctors, pharmacists, legal commentators, and a growing segment of the general population continue to argue over the line between "letting die" and "killing." This Note analyzes both the constitutional and political aspects of the right-to-die debate, focusing primarily on the political …

A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman

Federal Communications Law Journal

As we celebrate the second anniversary of the Telecommunications Act of 1996, we can see that the predictions of instant cross-industry competition that were made at its birth were rather euphoric. Despite the unexpected twists and turns of the first two years, there have been a number of significant market developments suggesting that the lowering of barriers that the Act effected have put things on the right course. However, the success of the Act will be rather fragile during the next few years, as it is subject to reversal by market as well as judicial forces. We should therefore continue …

Volume 23, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: David Reble, Aswani K. Datt, Nicholas Lenco, Greg Moores

An Interdisciplinary Critique Of The Reasonable Expectations Doctrine, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle

Michigan Law Review

The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …

Medicaid Managed Care Contracting For Childhood Lead Poisoning Prevention Services, Elizabeth Wehr, Sara J. Rosenbaum

Center for Health Policy Research

This study reports on provisions relating to childhood lead poisoning prevention services in Medicaid managed care contract documents (service agreements and requests for proposals, RFPS). The provisions were extracted from the managed care contracts data base of the Center for Health Policy Research of the George Washington University Medical Center. The data base was constructed and is updated as part of the Center's ongoing analytic studies.' As with other Center studies of the contract documents, this is a descriptive study of how state Medicaid agencies addressed a series of contracting issues at a specific point in time.* In brief, we …

Beyond Justiciability: Challenges Of Implementing/Enforcing Socio-Economic Rights In South Africa, Shadrack B. O. Gutto

Buffalo Human Rights Law Review

No abstract provided.

Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner

Buffalo Human Rights Law Review

No abstract provided.

Essay: Cleaning Our Own House: "Exotic" And Familial Human Rights Violations, Hope Lewis, Isabelle R. Gunning

Buffalo Human Rights Law Review

No abstract provided.

Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle

Penn State International Law Review (1982 - 2011)

No abstract provided.

Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp

West Virginia Law Review

No abstract provided.

1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew

American University Law Review

No abstract provided.

Infinity Within The Brackets, Annelise Riles

Cornell Law Faculty Publications

The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.

Fsu Law Magazine (Summer 1998), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Cornell International Law Journal

No abstract provided.

Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers

Journal Articles

Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …

The Last Best Place To Die: Physician-Assisted Suicide And Montana's Constitutional Right To Personal Autonomy Privacy, Scott A. Fisk

Montana Law Review

The Last Best Place to Die: Physician-Assisted Suicide and Montana's Constitutional Right to Personal Autonomy Privacy

Brief For The Appellant, Blackacre Forest Products, Inc.: Tenth Annual Pace National Environmental Moot Court Competition, Matthew J. Haindfield, Jennifer L. Johnson, Christopher A. Kragnes

Pace Environmental Law Review

No abstract provided.

Fritz B. Burns Lecture: Euthanasia, Morality And The Law—Article

Loyola of Los Angeles Law Review

No abstract provided.

Food Stamp Trafficking: Why Small Groceries Need Judicial Protection From The Department Of Agriculture (And From Their Own Employees), Elliot Regenstein

Michigan Law Review

A neon sign in the window of 7-Van Drugs reads "Food Stamps," but the contradictory truth is posted inside on a handwritten sign taped to a thick pane of bulletproof plastic. 7-Van Drugs sits at the intersection of Seven Mile Road and Van Dyke in northern Detroit, where it has "serv[ ed] the community since 1948 at the same corner." Inside 7-Van is an array of staple foods and basic household cleaning items, and there is a small pharmacy in the back. Customers must use a turnstile to pass their purchases through the bulletproof plastic to the cashier. There are …