Digital Commons Network^™

Re-Evaluating The Freedom Of Scientific Inquiry Through Biotechnology And Human Rights, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Rio Grande Silvery Minnow And The Endangered Species Act, Sean O'Connor

University of Colorado Law Review

No abstract provided.

Is Tradition Activist? The Common Law Of The Family In The Liberal Constitutionalist World, James R. Stoner

University of Colorado Law Review

No abstract provided.

E Pluribus Unum: The Aftermath Of September 11, Gerard V. Bradley

Journal Articles

September 11 forged an American unity not seen since Pearl Harbor. We shelved our political differences, put the culture war on simmer, and lost interest in celebrity scandal (think of Gary Condit). Americans rallied behind our Commander-in-Chief, and we agreed that our lives would never be the same. America’s vacation from history had ended, and we had forever lost our innocence and our perceived immunity from harm. When our Commander-in-Chief said that a return to “normalcy” would deny Bin Laden his victory, we rallied behind that, too.

Evidence Of Terror, Mary Ellen O'Connell

Journal Articles

In the hours after the 11 September attacks on the United States, some called for counterattacks on America's enemies, regardless of any evidence of wrong-doing. Those calls were rejected and some evidence was produced linking Osama bin Laden, his organization, al-Qaeda, and the Taliban regime of Afghanistan to the attacks. The United States and United Kingdom began a bombing campaign of Afghanistan on the strength of that evidence on 7 October 2001. This article explores the law of evidence in international law. It seeks to identify what evidence is sufficient for supporting a case of self-defence to clandestine terror attacks.

Debating The Law Of Sanctions, Mary Ellen O'Connell

Journal Articles

After years of United Nations-mandated sanctions against Iraq, human rights advocates began charging the UN Security Council with genocide in its use of 'sanctions of mass destruction'. Following the charges, a full debate began on the law of sanctions. The article recounts this debate, setting it in the context of two earlier rounds of discussion on the lawful use of sanctions. Those earlier debates resulted in general consensus that the Security Council was both free to use sanctions whenever it wanted and that sanctions should be comprehensive, air-tight and subject to enforcement. Sanctions of this description were imposed on Haiti …

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Publications

No abstract provided.

International Environmental Law And Emotional Rational Choice, Peter H. Huang

Publications

This paper considers how emotions can foster compliance by rational actors with international environmental law. Many environmental issues are highly emotionally charged. Both supporters of and opponents to international environmental law often feel very strongly about their positions and views. A psychological game-theoretic model focuses on the disciplinary role that losing face may play in compliance with international environmental law. This model implies that non-compliance, especially by high-profile international actors, should be highly and swiftly publicized upon detection and verification. The model also explains why actors care so much about soft, that is, non-binding international environmental law, such as international …

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

Publications

No abstract provided.

Youngstown: Pages From The Book Of Disquietude, Philip Chase Bobbitt

Faculty Scholarship

The Youngstown holding is widely admired. One reads with pride those passages in which the Supreme Court denies to a president with whom they are in considerable political sympathy the power to enlarge executive authority by militarizing the homeland. And yet one wonders, as we confront in the 21st century a lethal foreign enemy who has demonstrated the ability to infiltrate and assault the domestic environment, precisely what restraints ought to govern a presidential response to that enemy.

On Making Anti-Essentialist And Social Constructionist Arguments In Courts, Suzanne B. Goldberg

Faculty Scholarship

One of my most intense disagreements with another lawyer during nearly a decade of lesbian and gay rights litigation concerned social constructionism. The lawyer (a law professor, if truth be told) wanted to argue in an amicus brief to the United States Supreme Court that sexual orientation, like race, was a social constructed category. He reasoned that since the Court had condemned race discrimination even while recognizing the "socio-political, rather than biological" nature of race, it would similarly be willing to invalidate a measure discriminating against lesbians, gay men and bisexuals, even while recognizing the socially constructed nature of sexual …

Adding Value To Families: The Potential Of Model Family Courts, Jane M. Spinak

Faculty Scholarship

The Harlem Community Justice Center (Justice Center) officially opened in July 2000 with all the fanfare of a major civic event. The Chief Judge of the State of New York, Judith Kaye, and the Mayor of the City of New York, Rudolph Guiliani, were keynote speakers, lauding the combined efforts of private administrators and public officials in reopening a deteriorating but magnificent 1892 court building in the center of Harlem. The ceremony began and ended with gospel sung by the Addicts Rehabilitation Center Choir, a musical reflection of one component of the Justice Center's jurisdiction. The new Juvenile Intervention Court …

Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson

Faculty Scholarship

Water issues are often contentious. How much water can one individual use? What must the water quality of water returned from use be? How much water must be allocated to uses such as maintaining sufficient instream flows for aquatic species? For the last century, the United States has largely such answered questions through command and control regulatory schemes rather than through markets and common law dispute resolution processes. The choice of regulation by institutions over other mechanisms has meant a reliance on centralized decisionmaking and a rejection of both the market's more decentralized institutions and the common law.

Recently, water …

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Faculty Publications

No abstract provided.

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath

Faculty Scholarship

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. …

A 21st Century Perspective On Peru And The 1982 United Nations Convention On The Law Of The Sea, Pedro Nolasco Terry Guillen

World Maritime University Dissertations

The adoption of the United Nations Convention on the Law of the Sea in 1982, constituted the major political and legal achievement that the International community has ever achieved, regarding the uses of the sea. It is considered as the Constitution of the Oceans binding upon all States, whether they are party or not to the Convention, as part of the current customary international law. Countries holding unilateral positions in this regard are every day less accepted and supported by the international community as a whole.

The fundamentals of the 200nm thesis are now part of the main legal regimes …

Cooperation Between Coastal States And User States In The Malacca And Singapore Straits Under Article 43 Of The Unclos 1982 United Nations Convention On The Law Of The Sea : Cost Burden Sharing And Possible Solutions For The Establishment Of A Funding Mechanism, Ryoji Hayashi

World Maritime University Dissertations

No abstract provided.

A 21st Century Perspective On Peru And The 1982 United Nations Convention On The Law Of The Sea Unclos Iii, Pedro Nolasco Terry Guillen

World Maritime University Dissertations

The adoption of the United Nations Convention on the Law of the Sea in 1982, constituted the major political and legal achievement that the International community has ever achieved, regarding the uses of the sea. It is considered as the Constitution of the Oceans binding upon all States, whether they are party or not to the Convention, as part of the current customary international law. Countries holding unilateral positions in this regard are every day less accepted and supported by the international community as a whole. The fundamentals of the 200nm thesis are now part of the main legal regimes …

Engendered By Technologies, Anita Bernstein

North Carolina Law Review

No abstract provided.

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 …

The Family Paradigm Of Inheritance Law, Frances H. Foster

North Carolina Law Review

No abstract provided.

Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

William & Mary Environmental Law and Policy Review

No abstract provided.

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

The Worker-Funded Leave Act: The Time Is Now To Help Build Stronger Families With A More Stable Economy, Arline Friscia

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Who Should Know? - The Disclosure Debate Over Genetic Information, J. Andrew Maniko

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Proprioception, Non-Law, And Biolegal History, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights can help illuminate the deep structure of human legal systems. That effort is termed "biolegal history."

Manufacturing Convictions: Why Defendants Are Entitled To The Data Underlying Forensic Dna Kits, Jennifer N. Mellon

Duke Law Journal

No abstract provided.