Digital Commons Network^™

The Emperor's New Clothes: But The Emperor Has Nothing On: G.S. 110-90.2'S Invisible Protection Of Children And Vexatious Impact On Citizens, Grady Jessup

North Carolina Central Law Review

No abstract provided.

Of Counsel, Volume 5 | Spring 2001, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Scientific Uncertainty And Causation In Tort Law, Mark Geistfeld

Vanderbilt Law Review

Tort cases involving scientific uncertainty frequently present courts with a difficult causation issue. In the paradigmatic case, the available scientific evidence indicates that a substance might be hazardous, but does not establish that the substance is hazardous.' When presented with such evidence, courts must decide whether the plaintiff has adequately proven that her injury was tortiously caused by the substance.

This causal issue potentially arises whenever we do not fully understand how a substance interacts with the body and produces an adverse health outcome. We do not, for example, adequately understand the etiology of cancer.2 To assess whether a substance …

Law As A Learned Profession: The Forgotten Mission Field Of The Professional Movement, Rob Atkinson

South Carolina Law Review

No abstract provided.

Standing And The Statutory Universe, William W. Buzbee

Duke Environmental Law & Policy Forum

No abstract provided.

Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary Coombs

Duke Journal of Gender Law & Policy

No abstract provided.

Principles Of The Law Of Family Dissolution: Analysis And Recommendations

Duke Journal of Gender Law & Policy

No abstract provided.

The Ali Principles’ Approach To Domestic Partnership, Martha M. Ertman

Duke Journal of Gender Law & Policy

No abstract provided.

Expendable Children: Defining Belonging In A Broken World, Theresa Glennon

Duke Journal of Gender Law & Policy

No abstract provided.

Constructing Parenthood For Stepparents: Parents By Estoppel And De Facto Parents Under The American Law Institute’S Principles Of The Law Of Family Dissolution, Sarah H. Ramsey

Duke Journal of Gender Law & Policy

No abstract provided.

Feminism And Child Custody Under Chapter Two Of The American Law Institute’S Principles Of The Law Of Family Dissolution, Margaret F. Brinig

Duke Journal of Gender Law & Policy

No abstract provided.

Constitutional Pragmatism For A Changing American Family, David D. Meyer

Faculty Scholarship

No abstract provided.

The Evolution Of Irrationality, Owen D. Jones

Vanderbilt Law School Faculty Publications

The place of the rational actor model in the analysis of individual and social behavior relevant to law remains unresolved. In recent years, scholars have sought frameworks to explain: a) disjunctions between seemingly rational behavior and seemingly irrational behavior; b) the origins of and influences on law-relevant preferences, and c) the nonrandom development of norms. This Article explains two components of an evolutionary framework that, building from accessible insights of behavioral biology, can encompass all three. The components are: "time-shifted rationality" and "the law of law's leverage."

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …

Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan

Campbell Law Review

This note will discuss whether the court's interpretation of N.C. Gen. Stat. § 48- 3-601 is consistent with legislative intent and with North Carolina case law, and will then address whether this statute adequately protects the constitutional rights of unmarried putative fathers as mandated by the United States Supreme Court.

Confronting Disease In A Global Arena, Lauren Z. Asher

Cardozo Journal of International and Comparative Law

The note argues that the global surge in infectious diseases necessitates the integration of human rights principles into international law to ensure effective and equitable responses to public health crises. It emphasizes the critical role of the World Health Organization (WHO) and the International Health Regulations (IHR) in addressing these challenges, while highlighting the need for stronger enforcement mechanisms, standardized funding, and universal adherence to health standards. The analysis underscores the importance of balancing public health measures with individual rights, particularly in areas such as quarantine, privacy, and mandatory treatment.

Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand

Dalhousie Law Journal

Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.

Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham

Dalhousie Law Journal

While planning for the ultimate decommissioning of Atlantic Canada offshore oil and gas facilities is a necessary requirement of project approval, this issue has not yet graduated to the level of attention it receives in other parts of the world with more mature offshore petroleum industries. In this article, the author reviews some decommissioning methods and examines the international and domestic law applicable to the decommissioning of oil and gas facilities on the continental shelf offshore Atlantic Canada.

Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman

Faculty Scholarship

No abstract provided.

The Implications Of Memetics For The Cultural Defense, Neal A. Gordon

Duke Law Journal

No abstract provided.

The New Face Of School Desegregation, Kristi L. Bowman

Duke Law Journal

No abstract provided.

Friendly Fire: The Mandatory Military Anthrax Vaccination Program, Randall D. Katz

Duke Law Journal

No abstract provided.

Comment: A Decade Of Failure: The Legality And Efficacy Of United Nations Actions In The Elimination Of Iraqi Weapons Of Mass Destruction, Michael L. Cornell

Connecticut Journal of International Law

On August 6, 1990, in reaction to Iraq's invasion of Kuwait, the UNSC adopted UNSCR 661, which imposed a worldwide oil embargo and comprehensive sanctions banning economic and financial dealings with Iraq. Four days earlier, on August 2, 1990, Iraq's Hammurabi Division 2 -the most elite unit of the Iraqi military, backed by two additional Iraqi Republican Guard divisions---crossed the border between Iraq and Kuwait. With little warning, over 35,000 Iraqi troops and hundreds of tanks invaded Iraq's southern neighbor. Only a decade earlier, Iraq had similarly invaded neighboring Iran, sparking a brutal war that lasted eight years and incurred …

Bah, Humbug To The Bleak Story Of Womem Law Faculty: A Response To Professor Neumann, Dan Subotnik

Journal of Legal Education

No abstract provided.

Calculating Rank-In-Class Numbers: The Impact Of Grading Differences Among Law School Teachers, Paul T. Wangerin

Journal of Legal Education

No abstract provided.

The Criminal Transmission Of Aids: A Critical Examination Of Missouri’S Hiv-Specific Statute, David P. Niemeier

Saint Louis University Law Journal

No abstract provided.

How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen

Brigham Young University Education and Law Journal

No abstract provided.

Effective Capital Representation Of The Mentally Retarded Defendant, Shruti S. B. Desai

Capital Defense Journal

No abstract provided.

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong

Washington International Law Journal

Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …