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The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …

Lengthening The Stem: Allowing Federally Funded Researchers To Derive Human Pluripotent Stem Cells From Embryos, Jason H. Casell

University of Michigan Journal of Law Reform

Recent developments in fetal tissue research and stem cell research have led to dramatic breakthroughs in the search for cures for Parkinson's disease, Alzheimer's disease, diabetes, and a host of neurological disorders. Because this research involves fetal tissue and stem cells from human embryos, many complicated ethical and legal implications surround it. This Note explores the history of fetal tissue research and stem cell research, examines the surrounding ethical and legal issues, looks at the current state of federal law, and concludes that Congress should allow federally funded researchers to derive stem cells from discarded human embryos obtained from in …

Cases In Context: Lake Champlain Wars, Gentrification And Ploof V. Putnam, Joan Vogel

Saint Louis University Law Journal

No abstract provided.

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.

Frozen Embryos And Divorce: Technological Marvel Meets The Human Condition, Thomas D. Arado

Northern Illinois University Law Review

Through the ingenuity of humankind, life can now be created in a petri dish and with it comes a genesis of the legal rights to that life. The 1978 birth of Louise Brown, the first child born using in vitro fertilization (IVF), opened up a new world of legal wrangling which culminated in the Tennessee Supreme Court decision of Davis v. Davis in 1992. The issue of frozen preembryos in divorce cases raises constitutional, property and contract issues, which courts will increasingly have to address. The constitutional issue pits the one party's right to procreate against the other party's right …

Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing

Michigan Law Review

Robert Chang, a promising young scholar, has given us the first book on Asian Critical Race Theory, or AsianCrit, in his short, readable volume Disoriented: Asian Americans, Law, and the Nation-State. It is a loosely woven collection of essays divided into three parts, drawing upon work Professor Chang published in several earlier law review articles. This book is part of the Critical America Series of New York University Press. The general editors are Critical Race Theory (CRT) senior scholar Professor Richard Delgado of the University of Colorado Law School and his wife, legal researcher Jean Stefancic. The series has produced …

Are We Protecting The Wrong Rights?, Jennifer L. Saulino

Michigan Law Review

Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …

Taking Aim At An American Myth, Paul Finkelman

Michigan Law Review

Every American had a musket hanging over his fireplace at night, and by his side during the day. Like Cincinnatus, time and again Americans dropped their plows to shoulder their arms, to fight the Indians, the French, the Indians, the British, the Indians, the Mexicans, the Indians yet again, and then, from 1861 to 1865, each other. American men were comfortable with guns; they needed them and wanted them. They felt at home in woods, in search of food, or in defense of their homesteads. It is a story as old as our first pulp novels and earliest movies. It …

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …

State V. Hinnant: Limiting The Medical Treatment Hearsay Exception In Child Sexual Abuse Case, Andrea D. Blohm

North Carolina Law Review

No abstract provided.

Integrating Ecosystem Services Into Environmental Law: A Case Study Of Wetlands Mitigation Banking, J.B. Ruhl, R. Juge Gregg

Vanderbilt Law School Faculty Publications

This article argues that Section 404 of the Clean Water Act provides ample statutory authority for the Corps of Engineers and EPA to integrate ecosystem service values and impacts into wetlands impact and mitigation decisions.

Foreword: On Academic Fads And Fashions, Cass R. Sunstein

Michigan Law Review

Why did critical legal studies disappear? Will it reappear? Why does the Federalist Society prosper? Why, and when, do people write books on constitutional law, rather than tort law or antitrust? Why did people laugh at the notion of "animal rights," and why do they now laugh less? Why do law professors seem increasingly respectful of "textualism" and "originalism," ideas that produced ridicule and contempt just two decades ago? How do book reviewers choose what books to review? Why has law and economics had such staying power? Academics are generally committed to truth, and they are drawn to ideas that …

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations., Jill Elaine Hasday

Public Law and Legal Theory Working Papers

The American law of parent and child is conventionally understood to be extremely deferential to parental prerogatives and highly reluctant to intervene. But this picture, endorsed by legal authorities and popular commentators from the nineteenth century to the present day, reflects only one tradition in the law’s regulation of parenthood. Since the last quarter of the nineteenth century, there has also been massive legal intervention into the parental relation. This second legal tradition, moreover, has been guided by norms wholly different from those conventionally associated with family law, often evincing a radical suspicion of parental autonomy and an eager willingness …

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Eyeing The Future: Surviving The Criticisms Of Biometric Authentication, Robyn Moo-Young

North Carolina Banking Institute

No abstract provided.

Redefining The Experimental Or Investigational Exclusion: A Guide For Erisa Health Plans, Stuart A. Brock

North Carolina Central Law Review

No abstract provided.

Santa Clara Magazine, Volume 42 Number 4, Spring 2001, Santa Clara University

Santa Clara Magazine

3 - EL SOL SHINED IN 1968 STUDENT ELECTIONS By Adam Breen. During the 1968 campus elections, an electrical engineering student felt the student body was too apathetic, so he ran for dictator to spur interest. He could have been king, but instead had himself "assassinated " for a greater cause.

12 - DOUBLE LIVES By Susan Vogel. An economic boom in Silicon Valley created opportunities, jobs, and wealth-but those who work here often can't afford to live here. What are employees and employers doing about it?

16 - THE GLACIER PRIEST By Jeff Kunkel. Bernard Hubbard, S.J., was more …

The Ethics Of Making The Body Beautiful: Lessons From Cosmetic Surgery For A Future Of Cosmetic Genetics, Sara Goering

Center for the Study of Ethics in Society Papers

This piece was originally published in the Philosophy and Public Policy Quarterly, Spring 2001 issue (from the Maryland Institute for Philosophy and Public Policy).

History Of Love Canal And Suny At Buffalo's Response: History, The University Role, And Health Research, A. Theodore Steegmann Jr.

Buffalo Environmental Law Journal

No abstract provided.

Science And Health Risks Research Since Love Canal, John E. Vena

Buffalo Environmental Law Journal

No abstract provided.

Science And Health Risks Research Since Love Canal, James R. Olson

Buffalo Environmental Law Journal

No abstract provided.

Reflections On Love Canal, David Hahn-Baker

Buffalo Environmental Law Journal

No abstract provided.

Environmental Social Movements Since Love Canal, Samara Swanston

Buffalo Environmental Law Journal

No abstract provided.

A Contaminated Groundwater: A Transgenerational Greek Tragedy: A Book Review Of Regulating Chemical Accumulation In The Environment: The Integration Of Toxicology And Economics In Environmental Policy-Making, Michael Gilbertson

Buffalo Environmental Law Journal

No abstract provided.

The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.

That’S The Ticket: A New Way Of Defining Family, Angie Smolka

Cornell Journal of Law and Public Policy

No abstract provided.

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …

Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis

Campbell Law Review

No abstract provided.

Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson

William & Mary Bill of Rights Journal

In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …