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Articles 28531 - 28560 of 39244
Full-Text Articles in Entire DC Network
Love Makes A Family, Jonathan Rosen
Love Makes A Family, Jonathan Rosen
American University Law Review
No abstract provided.
Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss
Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss
Case Western Reserve Journal of International Law
comment on the Reichman article
Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson
Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson
Case Western Reserve Journal of International Law
comment on the Markus article
Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield
Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield
Case Western Reserve Journal of International Law
No abstract provided.
Beyond Fingerprinting: Indicting Dna Threatens Criminal Defendants' Constitutional And Statutory Rights, Andrew C. Bernasconi
Beyond Fingerprinting: Indicting Dna Threatens Criminal Defendants' Constitutional And Statutory Rights, Andrew C. Bernasconi
American University Law Review
No abstract provided.
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that …
Equal Treatment And The Reproduction Of Inequality, Cheryl I. Harris
Equal Treatment And The Reproduction Of Inequality, Cheryl I. Harris
Fordham Law Review
"A way of seeing is also a way of not seeing…"
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Preconception Tort Law In An Era Of Assisted Reproduction: Applying A Nexus Test For Duty, Matthew Browne
Fordham Law Review
No abstract provided.
Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden
Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden
Fordham Law Review
Racial discrimination in any form and in any degree has no justifiable part whatever in our democrati way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the united States. All residents of this nation are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution.
A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore
A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore
Fordham Law Review
No abstract provided.
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Fordham Law Review
No abstract provided.
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Fordham Law Review
No abstract provided.
When Grandma Becomes Mom: The Liberty Interests Of Kinship Foster Parents, Gabrielle A. Paupeck
When Grandma Becomes Mom: The Liberty Interests Of Kinship Foster Parents, Gabrielle A. Paupeck
Fordham Law Review
No abstract provided.
Limitations On The Consumer's Right To Know: Settling The Debate Over Labeling Of Genetically Modified Foods In The United States
San Diego Law Review
Following this introduction, Part II of this Comment begins by providing some background to the scientific and regulatory nature of the GM food debate.26 Due to the dispute that is likely to center around the FDA's recent decision, Part El of this Comment addresses the precedent that supports the FDA's actions and demonstrates that the FDA has acted appropriately under the circumstances. Part IV adopts and applies a balancing approach designed to evaluate whether mandatory labeling initiatives are appropriate to protect the consumer's right to know. When weighing the rights of the food suppliers (i.e., those that would be burdened …
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
Articles
Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …
Property Rights And Property Rules For Commercializing Inventions, F. Scott Kieff
Property Rights And Property Rules For Commercializing Inventions, F. Scott Kieff
GW Law Faculty Publications & Other Works
Several recent commentators have criticized trends in the patent system by suggesting that the goals of the system can be better achieved through a variety of approaches that avoid or mitigate the monopoly-type impact of property rights. Suggested alternatives include the use of cash rewards, buy-outs, and liability rules, as distinct from property rules. This paper uses the important contributions made by these commentators to reveal shortcomings in any view of the patent system that focuses only on incentives to engage in inventive activity. The paper offers a new view of the patent system that embraces property rights and property …
Biotechnology And International Law, Sean D. Murphy
Biotechnology And International Law, Sean D. Murphy
GW Law Faculty Publications & Other Works
Emerging applications in the field of biotechnology hold great promise for promoting the health and well-being of the global community, especially in developing states. Yet significant concerns have emerged about biotechnology in the transnational sphere, concerns that no doubt will increase in decades to come. The purpose of the article is to assess the strengths and limits of existing international norms and structures designed to address these concerns, and to suggest a means for augmenting current structures to make them more effective. International law develops and regulates transnational behavior in a manner that goes well beyond the development treaty regimes. …
The Allure And Peril Of Genetic Exceptionalism: Do We Need Special Genetics Legislation?, Sonia M. Suter
The Allure And Peril Of Genetic Exceptionalism: Do We Need Special Genetics Legislation?, Sonia M. Suter
GW Law Faculty Publications & Other Works
Genetics discrimination has become a large concern among scholars, scientists, the media, and the public. In the rush to confront serious and legitimate concerns about potential abuses of genetic information, policy makers and commentators often fail to ask whether these concerns are unique. Most scholarship on genetics, explicitly or implicitly, adopts a "genetics exceptionalism" perspective, i.e., a view that genetic information is qualitatively different from other medical information and therefore raises unique social issues. This article challenges genetics exceptionalism and argues that protections against abuse of information should not be limited to genetic information, but should extend to other medical …
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke
Faculty Scholarship
In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …
Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott
Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott
Faculty Scholarship
Are children harmed when their parents divorce? If so, should parents' freedom to end marriage be restricted? These questions have generated uncertainty and controversy in the decades since legal restraints on divorce have been lifted. During the 1970s and 80s, the traditional conviction that parents should stay together "for the sake of the children" was supplanted by a view that children are usually better off if their unhappy parents divorce. By this account, divorcing parents should simply try to accomplish the change in status with as little disruption to their children's lives as possible. This stance has been challenged sharply …
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake
Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow
The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow
American University International Law Review
No abstract provided.
Still Not Behaving Like Gentlemen, Ann Bartow
Still Not Behaving Like Gentlemen, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson
Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …
Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs
Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs
Articles
No abstract provided.
Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton
Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton
Articles
No abstract provided.
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.