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Articles 28321 - 28350 of 39250
Full-Text Articles in Entire DC Network
Natural Law And Liberalism, Henry Mather
Natural Law And Liberalism, Henry Mather
South Carolina Law Review
No abstract provided.
The Revolution In Human Genetics: Implications For Human Societies, Henry T. Greely
The Revolution In Human Genetics: Implications For Human Societies, Henry T. Greely
South Carolina Law Review
No abstract provided.
Cloning Human Beings And The Consumer Of The Future: A Worthwhile Endeavor Or A Nightmare Come True?, Adam Frankel
Cloning Human Beings And The Consumer Of The Future: A Worthwhile Endeavor Or A Nightmare Come True?, Adam Frankel
Loyola Consumer Law Review
No abstract provided.
Class Action Suits Prompt Governmental Action To Examine Ritalin Use And Regulation, Ann Chiumino
Class Action Suits Prompt Governmental Action To Examine Ritalin Use And Regulation, Ann Chiumino
Loyola Consumer Law Review
No abstract provided.
Federally Funded Stem Cell Research: A Good Deal For The Taxpayer And Consumer?, Don Allen Resnikoff
Federally Funded Stem Cell Research: A Good Deal For The Taxpayer And Consumer?, Don Allen Resnikoff
Loyola Consumer Law Review
No abstract provided.
Peer Sexual Harassment In California After Davis, John F. Walsh
Peer Sexual Harassment In California After Davis, John F. Walsh
UC Law SF Journal on Gender and Justice
This article discusses, from a practice standpoint, the significance Davis v. Monroe County Board of Education will have for California schools and colleges. The article first discusses Ninth Circuit interpretations of peer harassment prior to Davis, then analyzes Davis from a practice standpoint, raising issues left open by the Davis decision. The article then discusses the interrelationship between Title IX and California law. Finally, the article addresses institutional and personal liability and immunity defense issues.
In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert
In The Best Interests Of The Child: An Analysis Of Wisconsin Supreme Court Rulings Involving Same-Sex Couples With Children, Amy Persin Linnert
UC Law SF Journal on Gender and Justice
The children of same-sex couples are often the unintended victims of legal discrimination against homosexuals. This note examines the Wisconsin Supreme Court's approach to the issues of adoption, custody and visitation involving the children of same-sex couples. Wisconsin was chosen as the focus of this note because it is widely recognized as a legally progressive state and is one of the few states that prohibits discrimination on the basis of sexual orientation. This note urges the Wisconsin courts and legislature to reexamine the issue of same-sex marriage as a means of protecting the best interests of the children of same-sex …
Federal Regulation Of Isolated Wetlands After Swancc, Stephen M. Johnson
Federal Regulation Of Isolated Wetlands After Swancc, Stephen M. Johnson
Articles
This past January the U.S. Supreme Court held that the Clean Water Act (CWA) did not authorize the federal government to prohibit a landfill operator from filling isolated ponds on its property merely because the ponds were used as habitat by migratory birds. The National Association of Home Builders claimed that the decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) was "a major legal victory for home builders and other private property owners." Critics of the SWANCC decision argued that it jeopardizes "perhaps a fifth of the water bodies in the United …
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Michigan Journal of Race and Law
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …
Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser
Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser
Michigan Journal of Race and Law
This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Michigan Journal of Race and Law
This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …
A General Theory Of Cultural Diversity, Steven A. Ramirez
A General Theory Of Cultural Diversity, Steven A. Ramirez
Michigan Journal of Race and Law
This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …
The Clean Air Act And The Constitution, Lisa Heinzerling
The Clean Air Act And The Constitution, Lisa Heinzerling
Saint Louis University Public Law Review
On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutional challenge based on the nondelegation doctrine. The Court held that the Act provided the requisite “intelligible principle” for assignments of authority to the executive, and it also held that the D.C. Circuit had erred in allowing an administrative agency to decide the scope of its own authority under what that court had held was an impermissibly broad assignment of authority. This article was written before the Supreme Court issued its decision.
Festo And The Complete Bar: What’S Left Of The Doctrine Of Equivalents?, Jacob S. Wharton, Esq.
Festo And The Complete Bar: What’S Left Of The Doctrine Of Equivalents?, Jacob S. Wharton, Esq.
Saint Louis University Public Law Review
No abstract provided.
The Lsat Myth, Jeffrey S. Kinsler
The Lsat Myth, Jeffrey S. Kinsler
Saint Louis University Public Law Review
No abstract provided.
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
UIC Review of Intellectual Property Law
This Comment examines the newly revised PTO utility examination guidelines for biotechnology patents. The race for patenting human genes is well underway. When complete sequences of human genes are found, researchers have been quick to seek patents. This “patent grab” has been driven less by the expectation that a particular gene sequence will result in production of a useful protein and more by the idea that enough patenting will create a protectable “haystack” in which one will find a few “genetic needles of value.” The new utility guidelines may not completely aid the underlying and fundamental policies on patenting. While …
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Law Faculty Articles and Essays
I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …
Gay And Lesbian Applicants To The Bar: Even Lord Devlin Could Not Defend Exclusion, Joel J. Finer
Gay And Lesbian Applicants To The Bar: Even Lord Devlin Could Not Defend Exclusion, Joel J. Finer
Law Faculty Articles and Essays
In 1957, the publication of a report to Parliament, the Wolfenden Report, which recommended the repeal of laws criminalizing private homosexual conduct between consenting adults, sparked an intensely debated controversy in political philosophy and jurisprudence. The issue: is society justified in criminalizing behavior which, although causing no secular harm, transgresses widely held moral values? The principal proponent of morals legislation was Lord Patrick Devlin, who responded to the Wolfenden recommendation with a paper disputing the report's premises--that criminal law had no proper business punishing private immorality.Oxford Professor of Jurisprudence H.L.A. Hart, a philosophical successor to the libertarianism of John Stuart …
Does Technology Require New Law?, David D. Friedman
Does Technology Require New Law?, David D. Friedman
Faculty Publications
Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Faculty Publications
In her review essay Ending Male Privilege: Beyond the Reasonable Woman, Professor Wildman examines A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews. Forell and Matthews explain the need for a reasonable woman standard, particularly in cases of sexual harassment, stalking, domestic homicide, and rape. Wildman, while agreeing that those areas exemplify areas of law in which the "spectrum of violence and disregard of women is most evident and problematic," urges that litigants seeking equality must go beyond the reasonable woman and articulate the systemic nature of male …
Epilogue, Jennifer L. Levi
Epilogue, Jennifer L. Levi
Faculty Scholarship
The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s. In these cases courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. This created that appeared to be a "transgender" exception to sex discrimination law. Earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and …
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Current Plans To Ameliorate The Depletion Of Snake River Salmon: Old Controversy Or New Solution, Karen Richardson, Jennifer Bello
Current Plans To Ameliorate The Depletion Of Snake River Salmon: Old Controversy Or New Solution, Karen Richardson, Jennifer Bello
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman
Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman
UIC Law Review
No abstract provided.
Tracking In An Era Of Standards: Low-Expectation Classes Meet High-Expectation Laws, Kevin G. Welner
Tracking In An Era Of Standards: Low-Expectation Classes Meet High-Expectation Laws, Kevin G. Welner
UC Law Constitutional Quarterly
This article explores racial resegregation of students through the practice of tracking - the grouping of students into separate classrooms pursuant to perceived academic ability. It places tracking within its larger historical context, as a means for white parents to feel secure about their children's education, and presents a review of scholarly literature concerning the characteristics and application tracking. The main body of the article then sets forth recent analyses of data from two school districts, investigating the harmful and segregative effects of tracking. The article ends by examining aspects of tracking that leave it susceptible to legal challenge, considering …
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Cleveland State Law Review
This article considers the question: "What are the legal and ethical responsibilities of attorneys when offering scientific expert evidence to courts?" To a lesser extent it considers the responsibilities of attorneys to challenge such evidence when proffered and the ethical dimensions of the working relationship of lawyers and experts. Although the most prominent discussions of such issues have concerned so-called junk science in civil trials, the legal context upon which this article will focus is the criminal trial, where dubious science is more common, less questioned, and has even become institutionalized. The rules and practices of civil cases are provided …
The Problem With Innocence, Margaret Raymond
The Problem With Innocence, Margaret Raymond
Cleveland State Law Review
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …