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Hesitating To Look In The Mirror: German Jurisprudence After 1933 And After 1945, Michael Stolleis

Fulton Lectures

No abstract provided.

Postponing The Inevitable: The Supreme Court Avoids Deciding Whether The Migratory Bird Rule Passes Commerce Clause Muster. Solid Waste Agency Of Northern Cook County V. United States Army Corps Of Engineers, Tanya M. White, Patrick R. Douglas

Journal of Environmental and Sustainability Law

No abstract provided.

If There Are Rules To Follow, Why Didn't The Department Of Agriculture Follow Them? Humane Society Of The United States V. Glickman, Joshua Klinger

Journal of Environmental and Sustainability Law

No abstract provided.

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Profile, Fall 2001

Alumni Magazines

No abstract provided.

To Our Children's Children's Children: The Problems Of Intergenerational Ethics, Lawrence B. Solum

Loyola of Los Angeles Law Review

No abstract provided.

Intergenerational Decision Making: An Evolutionary Perspective, Theodore P. Seto

Loyola of Los Angeles Law Review

No abstract provided.

“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines “sexual identity” as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual “equality” upon the silencing of gay, lesbian, bisexual, and transgender individuals.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution of the …

The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule

Vanderbilt Law Review

Over seventy-five years after the impassioned debate be- tween William Jennings Bryan and Clarence Darrow echoed through a hot Tennessee courtroom, the controversial confrontation over science, religion, law, and education can still be heard in legislative halls, courtrooms, schools, and homes across the nation. The now infamous "Scopes Monkey Trial" of 19253 brought the debate between religious fundamentalism and modern day scientific theory to the forefront and sparked twenty state legislatures to consider measures to prohibit the teaching of evolution in public schools. Nearly a century later, the dispute rages on. Twenty states considered anti-evolution measures in both the 1920s …

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser

Cardozo Law Review

No abstract provided.

Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip

Missouri Law Review

For the better part of the last fifty years, the Commerce Clause provided a safe harbor for congressional legislation. However, the legislative landscape began to change with the Supreme Court’s decision in United States v. Lopez. For the first time in nearly sixty years, an act of Congress was invalidated as exceeding the authority granted to Congress by the commerce Clause. As courts applied the stricter standard announced in Lopez, some regulations began to founder under the newly heightened scrutiny. Among the regulations that struggled in these rough waters was 33 C.F.R. § 328.3, the United States Army Corps of …

To Our Children’S Children’S Children: The Problems Of Intergenerational Ethics, Lawrence B. Solum

Faculty Scholarship

This essay serves as the introduction to the Loyola of Los Angeles Law Review's symposium on intergenerational justice. The importance of this topic cannot be overstated. Intergenerational ethics bears on questions of environmental policy, health policy, intellectual property law, international development policy, social security policy, telecommunications policy, and a variety of other issues.

Part II, Clarifying the Problems of Intergenerational Ethics, is a first sketch of the scope and nature of intergenerational justice, introducing a variety of cases and contexts in which issues of intergenerational ethics arise and distinguishing between the political and moral dimensions of these issues. Part …

Egregious Error Or Admirable Advance: The Memorandum Of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research, Amy Ligler

Duke Law & Technology Review

Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell's patent rights under the Wisconsin Patent Rights or WiCell's property rights in Wisconsin Materials.

Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Emergency Preparedness From A Health Perspective: Preparing For Bioterrorism At The Federal, State, And Local Levels, Robin J. Strongin

National Health Policy Forum

Despite the good intentions prior to and in the aftermath of the terrorist attacks of September 11, 2001, the existence of significant gaps in the country's preparedness became increasingly clear in the weeks that followed. This background paper provides an overview of the state of bioterrorism preparedness at all levels of government, identifying both the gaps and the steps being taken to close them. A series of reference materials, including a suggested reading list and Web site addresses, are listed at the end of the paper.

Class Of 2004 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2004

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Faculty Scholarship

No abstract provided.

Of Theory And Practice, Tamar Frankel

Chicago-Kent Law Review

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Article explores the working and interaction of theory and practice, practitioners and theorists. This Article starts with a story about solving a legal issue using our intellectual tools—theory, practice, and their progenies: experience and "gut." Next the Article elaborates on the nature of theory, practice, experience and gut. The third part of the Article discusses theories that are helpful to practitioners …

The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence M. Solan

Chicago-Kent Law Review

The parol evidence rule excludes extrinsic evidence of prior or contemporaneous understandings of an agreement when the parties have signed a document that purports to encompass their entire understanding. In theory, this rule is designed to add certainty to business transactions and to inhibit the introduction of unreliable evidence into the litigation system. But in practice, if we eliminate the introduction of precontractual representations and understandings from the dispute resolution process, we create a safe harbor for unethical business practices in the early stages of contract formation. Using insights from linguistics and psychology, the Article argues that this problem is …

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Court Review: Volume 38, Issue 3 - Recent Civil Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The Supreme Court’s role in the 2000 presidential election sparked intense national debate and will be the sole decision for which this term will be remembered. Although no other decisions rose to same level of political or popular significance, the Court confronted various civil-law topics of particular interest. Among them were issues concerning immigrant rights, interpretation of significant statutes such as the Americans with Disabilities Act, and important matters regarding the First Amendment and federalism.

Drug Designs Are Different, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

Duke Environmental Law & Policy Forum

No abstract provided.

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Duke Environmental Law & Policy Forum

No abstract provided.

Constitutional And Family Law—Grandparent Visitation In The Face Of The Fourteenth Amendment Due Process Clause: Parental Or Grandparental Rights? Troxel V. Granville, 530 U.S. 57 (2000)., Oliver G. Hahn

University of Arkansas at Little Rock Law Review

No abstract provided.

Tragedy And Due Process, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.

South Carolina's Safe Haven For Abandoned Infants Act: A Band-Aid Remedy For The Baby-Dumping Epidemic, Tanya Amber Gee

South Carolina Law Review

No abstract provided.