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Treating Persons As Ends In Themselves: The Legal Implications Of A Kantian Principle, R. George Wright

University of Richmond Law Review

In one of the most stirring passages in modern ethics, Immanuel Kant famously enjoins: "act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means." Precisely what Kant means here, however, is not entirely clear. More than one interpretation of this formula is possible. But the importance of Kant's "formula of ends" in modern moral philosophy is impossi- ble to deny.

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Property Interests In Cadaverous Organs: Changes To Ohio Anatomical Gift Law And The Erosion Of Family Rights, Melissa A. W. Stickney

Journal of Law and Health

This note examines how Ohio anatomical gift laws have been interpreted to grant a property right to the next of kin in the decedent’s cadaverous organs. Part II of this note briefly examines the origins of anatomical gift law in the United States and in Ohio. Part III examines the codification of Ohio common law and the adoption of the 1969 Uniform Anatomical Gift Act as the foundation of Ohio’s anatomical gift laws. Part IV analyzes post 1969 Ohio cases that directly or indirectly help interpret Ohio’s anatomical gift laws, with a particular focus on the legal reasoning in Brotherton …

Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia

Journal of Law and Health

This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

"Kennewick Man" Or "Ancient One"? - A Matter Of Interpretation, Maura A. Flood

Montana Law Review

"Kennewick Man" or "Ancient One"? - A Matter of Interpretation

Wisconsin V. Epa: Tribal Empowerment And State Powerlessness Under 518(E) Of The Clean Water Act, Paul M. Drucker

Water Law Review

No abstract provided.

Watershed Down: The Ups And Downs Of Watershed Management In The Southwest, Kara Gillon

Water Law Review

No abstract provided.

An Environmental Water Account: The California Experience, Alf W. Brandt

Water Law Review

No abstract provided.

Catskill Mtns. Chapter Of Trout Unlimited V. City Of New York, 273 F.3d 481 (2nd Cir. 2001), Daniel C. Wennogle

Water Law Review

No abstract provided.

Natural Res. Def. Council, Inc. V. Muszynski, 268 F.3d 91 (2d Cir. 2001), Matthew J. Costinett

Water Law Review

No abstract provided.

Vol. 5, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

A Manifesto For The Radical Middle, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and as a result lacks any defining content and principles. I propose an aggressive middle that uses enriched sources of information, agency professional judgment, and transparent adaptive management as its components.

Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song

Vanderbilt Law School Faculty Publications

Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Connor

Vanderbilt Law School Faculty Publications

This piece is a response to an article by Andrew Guzman, which proffers an efficiency framework for choice-of-law problems in interjurisdictional conflicts. The response incorporates insights from public choice theory into choice of law to draw two conclusions. First, public choice theory confounds our attempts to draw normative conclusions about efficient choice-of-law policies. Second, assuming that we can overcome these difficulties to ascertain the content of efficient choice-of-law policies, public choice theory exposes the practical difficulties of moving courts toward more efficient choice-of-law decisions. In short, the problem is both more difficult and more elusive than others, including Guzman, have …

On Apology And Consilience, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder

Dalhousie Journal of Legal Studies

Four days after President George W. Bush addressed America regarding human embryonic stem cell ("hESC") research in August 2001, a lawsuit was filed by the Wisconsin Alumni Research Foundation (“WARF”) against Geron Corporation ("Geron"). WARF holds patents in respect of hESC technologies pioneered by James Thomson. The parties were unable to negotiate licences for additional hESC types. In January 2002, WARF and Geron announced that a new agreement had been reached. This paper examines the antecedent question: should the hESC technologies have been patentable in the first place? The reason for pursuing hESC research appears to be the possibility to …

Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd

Publications

This essay addresses the challenges of controlling toxic harms through an intensive case study of efforts to regulate and remedy dioxin contamination in the U.S. pulp and paper industry. By focusing on the struggle to control a specific toxic harm in a specific industrial sector, the essay explores the politicized nature of toxic harms in the United States and, in the process, highlights the considerable shortcomings of existing legal frameworks and institutions for dealing with problems of such scope and complexity. In doing so, the essay raises a host of normative issues regarding current institutional arrangements and the appropriate strategy …

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

From Hit Man To Encylcopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Law Faculty Publications

Late last summer, Professor F. Jay Dougherty invited me to participate in "Tune In, Turn On, Cop Out? The Media and Social Responsibility," the Fourth Annual Entertainment Law Symposium sponsored by Loyola Law School of Los Angeles. I learned that one of the issues to be examined was media liability for violent audience behavior, exploring from both social science and legal perspectives the alleged link between violent speech and violent conduct. Little did I or Professor Dougherty or anyone connected to the conference then know that within weeks a catastrophic terrorist attack on the United States-an attack largely spurred by …

Pre-Emption And Exception: The Us Moves Beyond Unilaterism, Mary Ellen O'Connell

Journal Articles

The Administration of George W. Bush is by now famous for its unilateralism. In its first months in office, the Administration made clear that it would not cooperate in major multilateral initiatives on the environment, arms control, and human rights. The September 11 attacks caused a momentary lull in the pursuit of unilateralism, but by November 2001, the lull was over. Unilateralism was back in full swing. Unilateralism, however, does not necessarily violate international law. The international legal system was formed to accommodate independent, sovereign states. It provides plenty of space for states to »go it alone.« And while it …

Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey

Faculty Articles

Professor McGee reviews Cesare Romano's The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach. Cesare R. P. Romano, of the New York University Center for Global Cooperation, argues for and advocates arbitrative processes as the most tenable means of solving transboundary conflicts over the impacts of environmental pollution as well as access to natural resources.

Inequality In The Digital Society: Why The Digital Divide Deserves All The Attention It Gets, Mark N. Cooper

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rights And Responsibilities, Arthur S. Leonard

Other Publications

No abstract provided.

The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle

Fordham International Law Journal

This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.

Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman

St. Mary's Law Journal

The doctrine of equivalents, which Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. threatens to overturn, is an equitable doctrine and should therefore provide patentees and competitors equal and fair protection. Prior to Festo, the Federal Circuit used two approaches: the complete bar rule and the flexible bar rule. Under the complete bar rule, the author must completely copy the patented art for infringement to occur, this is otherwise known as literal infringement. In contrast, under the flexible bar rule, infringement can occur if the product is closely related to the prior art. Federal Circuits have officially adopted the complete …

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Journal Articles

Virtually all the legislation dealing with families that include children begins with a "best interests of the child" premise.' Most, if not all, of the litigated results at least seem to maximize the outcomes for adults. This discrepancy should not be surprising, for both substantive and procedural reasons.

The substantive reason, as even the Supreme Court has noted, is that most of the time, what is good for parents will also be good for children. Moreover, having parents who possess many "rights" allow them to better exercise their parental responsibilities. From a procedural perspective, adults are usually the named parties …

Procreative Liberty And The Preembryo Problem: Developing A Medical And Legal Framework To Settle The Disposition Of Frozen Preembryos, Christina C. Lawrence

Case Western Reserve Law Review

No abstract provided.