Digital Commons Network^™

Protecting America First: Deporting Aliens Associated With Designated Terrorist Organizations That Have Committed Terrorism In America In The Face Of Actual Threats To National Security, Dana B. Weiss

Cleveland State Law Review

In light of the devastation and destruction caused by the September 11th attacks and the remaining imminent threat of more attacks in this country, this Note proposes legislation that would provide for removal of aliens who are merely associated with a known terrorist organization that has committed acts of terrorism in the United States. Part II outlines the Immigration and Naturalization Services (INS) legislation in effect at the time of the attacks and the rationale behind prohibiting deportation for mere association with a known terrorist organization. Part III discusses newly enacted legislation strengthening deportation laws, which do not go as …

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.

Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin

Hofstra Law Review

No abstract provided.

Liberty And Property In The Patent Law, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Patents have seldom troubled civil libertarians. A specialized form of property, patents seemed pertinent to the technologies of traditional industry but little else. Patent instruments offered their readers mere technical documentation; patent cases presented no more than the mapping of a text onto an instantiated artifact; patent policy was principally oriented toward economic optimization of the length and scope of protection. Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more …

Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman

Articles by Maurer Faculty

This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.

The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman

Articles by Maurer Faculty

This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.

The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …

Child Custody - Modification: Parentification Of An Older Sibling Babysitting A Younger Sibling, Bonnie L. Christner

North Dakota Law Review

No abstract provided.

Subject Index

North Dakota Law Review

No abstract provided.

What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White

Michigan Law Review

One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …

Management Of The National Grasslands, Elizabeth Howard

North Dakota Law Review

No abstract provided.

Public School Education About Beginnings: Creationism, No! Truth About Science, Yes!, Daniel G. Gibbens

Oklahoma Law Review

No abstract provided.

Due Process, Judicial Review, The First Amendment, And The Anti-Terrorism And Effective Death Penalty Act Of 1996, Roberto Iraola

North Dakota Law Review

No abstract provided.

Constitutional Law - Immigration Law: Determination Of Paternity For Illegitimate Children, Constitutional Issue Or Biological Fact, Darla J. Schuman

North Dakota Law Review

No abstract provided.

Law Schools As Legal Education Centers, Martin H. Belsky

Akron Law Faculty Publications

Legal education in the early twentieth century was divided into three concurrent paths-study at one of the "elite" law schools, consisting of mostly full-time students already possessing a college degree; study at one of the other mostly part-time practice based schools; and a course of study with a practitioner/mentor outside of formal educational institutions. ... Graduation was a serious event, as students were already thinking about passing the bar exam. ... Some of the reasons that law schools can deliver legal education to elementary and secondary students, obviously apply to junior college, college, and non-law school graduate and professional education …

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

Akron Law Faculty Publications

This is not just another article about Bush v. Gore. Rather, this article does something that no article has done: it analyzes the impact of the textual decision in Bush v. Gore on the law of remedies. Through an examination of Bush v. Gore, this article seeks to advance a new understanding of prophylactic remedies and their proper use by the courts. This examination provides not only a clearer understanding of the Bush decision, but more importantly, develops a better understanding of prophylactic remedies and how they can legitimately be used to provide meaning and redress for legal rights. This …

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Revenge Of The Once-Ler: The Skeptical Environmentalist, Daniel J. Rohlf

Case Western Reserve Law Review

No abstract provided.

"It Was The Best Of Times, It Was The Worst Of Times...:" Science, Rhetoric And A Distribution In A Risky World, Marc R. Poirier

Case Western Reserve Law Review

No abstract provided.

The Postpartum Psychosis Defense And Feminism: More Or Less Justice For Women, Michele Connell

Case Western Reserve Law Review

No abstract provided.

Faulty Scholarship: Lomborg And Earth's Living Systems, Allen Hammond, Emily Matthews

Case Western Reserve Law Review

No abstract provided.

Sustainable Skepticism And Sustainable Development, Terry L. Anderson, Lea-Rachel Kosnik

Case Western Reserve Law Review

No abstract provided.

Finding A Remedy For Environmental Justice: Using 42 U.S.C. 1983 To Fill In A Title Vi Gap, Joseph Ursic

Case Western Reserve Law Review

No abstract provided.

The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson

Michigan Journal of Race and Law

This Article hopes to extend Critical Race Theory's social construction of race theory by emphasizing ethnicity as well as race. The Rwandans are undoubtedly within the so-called "Black race." Historically, they have also been socially constructed as consisting of different races and ethnicities, even though many scholars and Rwandans do not see ethnic, much less racial, distinctions. Some of these Rwandans who did see such differences participated in the genocide.

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor

Michigan Journal of Race and Law

The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …

Christian Identity: An American Heresy, David Ostendorf

Journal of Hate Studies

Christian Identity is a belief system so strange, indeed bizarre, that most Americans who know anything about it dismiss it outright and relegate those who believe it to the quaint and quirky fringes of the nation’s religious subcultures.

How seriously, for example, can one take the notion that God created Adam as a white man and that other races are sub-human? Or the belief that the lost tribes of Israel traversed Europe, landed in Great Britain, and crossed the Atlantic to inherit—as white Christian racialists—the promises of God? Or that Jesus came only to reach out to and save this …

Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon

Law and Contemporary Problems

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children's testimony and the admissibility of children's out-of-court statements. Lyon analyzes particular strands of each trend.