Digital Commons Network^™

Report Of The Working Group On Determining The Child's Capacity To Make Decisions, Peter Margulies

Fordham Law Review

[Preamble] As with adults, a lawyer has an ethical obligation to advocate the position of a child unless independent evidence exists that the child is unable to express a reasoned choice about issues that are relevant to the particular purpose for which the lawyer is representing the child. Where such evidence exists, the lawyer must engage in additional fact-finding to determine whether the child has, or may develop, the capacity to direct the lawyer's action in the particular context.

Apportioning Cercla Liability: Cost Recovery Or Contribution, Where Does A Prp Stand?, Jason E. Panzer

Fordham Environmental Law Review

No abstract provided.

The Problem Of Market Definition Under Ec Competition Law, Thomas E. Kauper

Fordham International Law Journal

This Article focuses in part on what the approach to market definition in the EC reveals about its competition policy generally. There are additional reasons why lawyers should consider market definition issues. In the two sections of this Article, the EC approach to market definition will be examined. The treatment of market definition under Articles 85 and 86 is considered first, followed by a more detailed description and evaluation of cases under the Merger Regulation.

Reconciling Polar Bear Protection Under United States Laws And The International Agreement For The Conservation Of Polar Bears, Donald C. Baur

Animal Law Review

Mr. Baur outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. Mr. Baur points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Xin-Chang Zhang V. Slattery: Rejecting China's Coercive Population-Control Policy As Grounds For Political Asylum In The United States, Kevin S. Barber

Villanova Law Review (1956 - )

No abstract provided.

Right To Die, The, Cass R. Sunstein

Articles

No abstract provided.

Managed Care And Consumer Protection: What Are The Issues?, Marc A. Rodwin

Seton Hall Law Review

No abstract provided.

A Thumbnail Sketch Of Derivative Securities And Their Regulation, Roberta Romano

Maryland Law Review

No abstract provided.

Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley

Kentucky Law Journal

No abstract provided.

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos

Loyola University Chicago Law Journal

No abstract provided.

The Cry Of The Children, Gerald Abraham

Villanova Law Review (1956 - )

No abstract provided.

Physician-Assisted Death: An Essay On Constitutional Rights And Remedies, Sylvia A. Law

Maryland Law Review

No abstract provided.

Seeing Beyond The Smoke And Mirrors: A Proposal For The Abandonment Of The Commercial Speech Doctrine And An Analysis Of Recent Tobacco Advertising Regulations, Scott Joachim

UC Law SF Communications and Entertainment Journal

This Note examines the Supreme Court's struggles both in defining commercial speech and identifying the parameters of the commercial speech doctrine. The author analyzes a series of Supreme Court cases and concludes that the doctrine rests on an ill-defined notion of commercial speech and on illusory assumptions regarding the distinctions between commercial speech and more highly protected discourse such as political speech. The author concludes that the Court should abandon the commercial speech doctrine and provide commercial speech the full protections enjoyed by political speech. The Note next outlines President Clinton's and the FDA's recent tobacco advertising regulations and analyzes …

You've Got To Fight For Your Right To Party: A Response To Professor Jim Chen, Louis Lorvellec

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview-Hunters Point Community, Clifford Rechtschaffen

UC Law Environmental Journal

No abstract provided.

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.

An Old(Er) Master Stands On The Shoulders Of Ageism To Stake Another Claim For Law And Economics, Paul H. Brietzke, Linda S. Whitton

Valparaiso University Law Review

No abstract provided.

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Michigan Journal of International Law

This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …

Provo City V. Saldana : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF PLAINTIFF-APPELLEE

APPEAL FROM A FINAL JUDGEMENT OF GUILTY IN THE FOURTH CIRCUIT COURT, PROVO CITY DEPARTMENT IN AND FOR UTAH COUNTY, STATE OF UTAH THE HONORABLE RAY M. HARDING, JR., CIRCUIT JUDGE

Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff

UIC Law Review

No abstract provided.

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and …

Altruism In The International Environment, Lea Brilmayer

Cleveland State Law Review

My topic is foreign aid, certain of the attitudes that we have towards foreign aid, and what if any moral grounding those attitudes might have. While it is likely that the most drastic proposals to slash the foreign aid budget will be defeated, there is no denying that some fairly drastic measures are on the table and are being taken rather seriously. Regardless of what happens in Congress this year, and regardless of what our president decides to do about any measures that Congress does adopt, the issue is likely to crop up as important during the next presidential election. …

Deceptive Trade Practices And Consumer Protection Act, Eve L. Pouliot

SMU Law Review

No abstract provided.

Cutting Through The Forest Of The Standing Doctrine: Challenging Resource Management Plans In The Eighth And Ninth Circuits, Kelly Murphy

University of Arkansas at Little Rock Law Review

No abstract provided.

Physician Assisted Suicide: A Bad Idea, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

Without subsidized child care, Dianne Williams, the mother of an eighteen-month-old son, would never have left welfare and earned the post-secondary degree that led to her current job as a senior secretary; Tammy Stinson, a U.S. Air Force veteran and 29-year-old mother of two children, would spend up to $150 of her weekly $200 salary on child care, increasing the likelihood she would turn to welfare or live in poverty; Jerry Andrews, a graduate of a government-funded early childhood education program, might not earn $31,200 a year and be working towards an engineering degree. These individuals are lucky. The vast …

Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer

Kentucky Law Journal

No abstract provided.

Fighting For Their Lives: Women, Poverty, And The Historical Role Of United States Law In Shaping Access To Women's Health Care, Susan L. Waysdorf

Kentucky Law Journal

No abstract provided.

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh

Cardozo Law Review

In Part I of this Article, I briefly trace the history of racism, sexism, and class bias in western scientific thought as well as the legal consequences that ensued in this country from scientific prejudice. In Part II, I turn to eugenics in our own time and explore the sterilization abuse of poor women of color as a disguised form of eugenics. I argue that the lack of popular sympathy for the reproductive problems of these women, due to their negative dehumanizing stereotyping and the pervasive influence of sociobiology, facilitates public acceptance of harsher measures in the future. I refer, …