Digital Commons Network^™

The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather

Faculty Articles

The criminal justice system must deal fairly, through the use of expert testimony, with the battered woman who strikes back at her abuser with deadly results. Society-at-large does not understand the battered woman, the batterer, and their relationship; historically, the criminal justice system’s response to the predicament of the battered woman has been ineffective.

The use of expert testimony in homicide cases where an allegedly battered wife kills her abuser and then claims self-defense is a controversial proposition. The evidence, however, shows that women are frequently the victims of abuse, that patterns of behavior associated with battering relationships usually exist, …

Smoking In Public Places: Living With A Dying Custom, Larry Kraft

North Dakota Law Review

No abstract provided.

Ana Convention, 1988; Series I; File 10, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Chapter 3: Family

Women's Annotated Legal Bibliography

Cases — p. 20

Family Law Surveys — p. 28

Child Abuse — p. 29

Evidentiary Issues in Child Abuse Cases — p. 32

Children’s Legal Rights — p. 39

Divorce — p. 45

Mediation & Alternative Dispute Resolution — p. 48

Property Division — p. 49

Valuation of Professional Degrees, Licenses & Goodwill — p. 54

Tax — p. 58

Child Custody & Support — p. 60

Adoption — p. 73

Native Americans — p. 76

Exclusive Federal Jurisdiction For Implied Rule 10b-5 Actions: The Emperor Has No Clothes, Margaret V. Sachs

Scholarly Works

Courts have long assumed the existence of exclusive federal jurisdiction over private actions implied from section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The result is not only to restrict forum choice for rule 10b-5 claimants but also to generate a host of questions concerning the extent of federal authority: whether rule 10b-5 actions are exempt from the claim and issue preclusive effects of state court decisions; whether state courts can hear defenses and state-created claims that involve rule 10b-5; and whether federal courts can stay rule 10b-5 actions in deference to state court litigation. In …

Argument For The Ban Of Tobacco Advertising: A First Amendment Analysis, Kenneth L. Polin

Hofstra Law Review

No abstract provided.

Protection For Handicapped Infants: Decision By Committee Under The Child Abuse Amendments Of 1984

University of Colorado Law Review

No abstract provided.

Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith

St. Mary's Law Journal

Abstract Forthcoming.

Reexamining Intellectual Property Concepts: A Glimpse Into The Future Through The Prism Of Chakrabarty, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves

Journal of Law and Health

This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with …

Restoration Of The Chesapeake Bay: A Multi-State Institutional Challenge, James T.B. Tripp, Michael Oppenheimer

Maryland Law Review

No abstract provided.

Stanley B. Bonham And Anne M. Bonham, Boyd F. Summerhays, And Arleen M. Summerhays V. Robert L. Morgan, Utah State Engineer, Salt Lake County Water Conservancy District, A Political Subdivision Of The State Of Utah And A Body Corporate, And Draper Irrigation Company, A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM RULE 54(b) FINAL SUMMARY JUDGMENT IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY STATE OF UTAH HONORABLE RAYMOND S. UNO

Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno

Faculty Scholarship

This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …

Session Law 88-380, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns

University of Richmond Law Review

The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.

Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice

Journal Articles

In Thornburgh v. American College of Obstetricians and Gynecologists, the Supreme Court held unconstitutional Pennsylvania statutes which required that (1) pregnant women give "informed consent" to an abortion and that they be provided information as to the characteristics of their unborn child, the nature and risks of abortion and the availability of alternatives to abortion; (2) the attending physician must file detailed reports on abortions and the reports be made available to the public for copying, even though this could lead to public identification of the woman having the abortion; (3) that in post-viability abortions, the physician use the care …

A Necessary Compromise: The Right To Forego Artificial Nutrition And Hydration Under Maryland's Life-Sustaining Procedures Act, Wendy Ann Kronmiller

Maryland Law Review

No abstract provided.

A Causation Approach To Criminal Omissions, Arthur Leavens

Faculty Scholarship

This Article examines the scope of criminal laws that impose liability for failures to prevent a proscribed harm. Traditionally, courts have only imposed criminal sanctions upon individuals for their failure to act where the individual has a "legal duty" to prevent a specific harm. Professor Leavens rejects this conventional approach as being an artificial and ultimately unfair way to set the limits of omission liability. He asserts that in order for the courts validly to utilize any concept -- including "legal duty"-- to define the scope of omission liability, that concept must fairly reflect the underlying criminal prohibition; namely, that …

The Amendment To The Adoption Assistance And Child Welfare Act Of 1980 - Preserving Our Most Valuable Resource, Susan F. Castner

Valparaiso University Law Review

No abstract provided.

Economic Man And Literary Woman: One Contrast, Robin West

Georgetown Law Faculty Publications and Other Works

The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …

Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Learning From Experience: Nonlegally-Specific Role Plays, Paul Bergman, Avrom Sherr, Roger Burridge

Journal of Legal Education

No abstract provided.

Newsletter - 1987-12-03, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Final Report Of The Garrison Unit Joint Tribal Advisory Committee: Hearing Before The Select Committee On Indian Affairs, United States Senate, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, dated November 19, 1987, includes a hearing transcript regarding the status of the Three Affiliated Tribes and the Standing Rock Nation in terms of just compensation for their taken lands. The hearing covers debate among the committee members regarding additional compensation for the tribes and it includes statements from members of the Three Affiliated Tribes and the Standing Rock Nation. Some committee members express concern about the amount of compensation requested for the tribes and the means of producing those funds. The issue of unfulfilled promises made …

Update - November 1987, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Gerald Winslow joins LLU faculty
-- Thompson library opens September 25

[ Anencephalic Infants as Organ Donors: Ethical Issues ]
-- A Neonatologist's Concern
-- A Neonatologist's Reply
-- Should the Law be Changed?
-- Would Anencephalic Neonates be Citizens?
-- Cadaveric Donors Should be Dead

-- Ethics Center seeks $100,000

Chevron Legacy: Young V. Community Nutrition Institute Compounds The Confusion , Jonathon Bloomberg

Cornell Law Review

No abstract provided.

The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa

Northern Illinois University Law Review

This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.

Newsletter - 1987-10-08, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.