Digital Commons Network^™

Gramsci, Hegemony, And The Law, Douglas Litowitz

BYU Law Review

No abstract provided.

On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones

Michigan Law Review

For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …

Reinventing Medicaid: Hoosier Healthwise And Children's Health Insurance In Indiana, Judith D. Moore, Lisa Sprague

National Health Policy Forum

This site visit explored the factors that have made Indiana so successful in enrolling children in its Medicaid and SCHIP plans under the brand name Hoosier Healthwise. Site visitors met with legislators and state officials to gain understanding of the genesis and development of Hoosier Healthwise and its aggressive outreach component. A panel of representatives from partner organizations engaged in enrolling children provided further insight into this process. The site visit participants traveled to observe enrollment and operations in both urban (Marion) and rural (Clay) county offices. They also met with health care executives at hospitals, clinics, and neighborhood health …

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

May The Epa Condition Approval Of State Proposals For Administering The Npdes On Adherence To Criteria Not Enumerated In The Clean Water Act? American Forest & Paper Association V. Epa, William C. Ellis

Journal of Environmental and Sustainability Law

No abstract provided.

"Clean Water Act Compliance Audit Program For Pork Producers": How Was Such An Agreement Reached Between The Epa And The National Pork Producers? , Anita K. Chancey

Journal of Environmental and Sustainability Law

No abstract provided.

Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley

Florida State University Law Review

No abstract provided.

Somebody's Child: Evaluating The Erosion Of The Marital Presumption Of Paternity, Theresa Glennon

West Virginia Law Review

No abstract provided.

Second Chances: Insuring That Poor Families Remain Intact By Minimizing Socioeconomic Ramification Of Poverty, Cynthia R. Mabry

West Virginia Law Review

No abstract provided.

Conceiving Non-Marital Fathers' Rights: An Inquiry Into The Constitutionality Of West Virginia's Adoption Statute, Lisa Kelly

West Virginia Law Review

No abstract provided.

The Constitution Of Civil Society, Mark Tushnet

Chicago-Kent Law Review

This Article explores the relationship between the institutions of civil society and our government. Although it is said that the institutions of civil society can act as a check on government power, this Article explores the paradox implicit in that notion: the boundaries of these institutions are defined by the government directly or indirectly. After analyzing the question "How can civil society's institutions be an appropriate check on government when the government itself exercises significant influence on these institutions?," Tushnet illustrates how free expression, freedom of religion and substantive due process have been interpreted with respect to the institutions of …

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

Chicago-Kent Law Review

While commending civil society revivalists' commitment to freedom and equality, this Article argues that the revivalists' moral vision is marred by exclusivity. Roberts locates this moral exclusivity in a flawed account of the relationship between social inequality and moral decline. By discounting the importance of social justice for creating civic faith, involvement, and solidarity, the revivalists' proposals tend to benefit society's most privileged families.

The Family In Civil Society, Martha Albertson Fineman

Chicago-Kent Law Review

Civic societarians view deviance from the traditional two-parent family as the root of all social problems in the United States. Growing income inequality is central to understanding social decline as many families with young children are struggling financially to provide for their families. The real problem, then, is not with family form, but with the lack of support for dependency relationships.

Will The Real Civil Society Advocates Please Stand Up?, Jean Bethke Elshtain

Chicago-Kent Law Review

Some critics have charged the Council on Civil Society with longing for a society that excludes entire categories of persons from membership, with being blind to "abuse and violence" within marriage, and being blasé about growing social and economic inequalities. This Article responds to these and other critiques from McClain and Fleming, Fineman, and Roberts by arguing that A Call to Civil Society clearly demonstrates not only a commitment to the morality and dignity of all human persons, but also a prohibition against any institution that promotes "invidious distinctions between men and women." The remainder of this Article argues that …

Designing Health And Safety: Workplace Hazard Regulation In The United States And Canada, Randy S. Rabinowitz, Mark M. Hager

Cornell International Law Journal

No abstract provided.

The International Criminal Court: Contemporary Perspectives And Prospects For Ratification

NYLS Journal of Human Rights

Panel:

PROFESSOR RUTI TEITEL

DR. ROY LEE

MAJOR WILLIAM K. LIETZAU, U.S.M.C.

PROFESSOR GEORGE FLETCHER

RICHARD DICKER, ESQ.

PROFESSOR PAUL DUBINSKY

No Time Is The Right Time: The Supreme Court's Use Of Ripeness To Block Judicial Review Of Forrest Plans For Environmental Plaintiff's In Ohio Forestry Ass'n V. Sierra Club, Eacata Desiree Gregory

Chicago-Kent Law Review

This Comment examines the Supreme Court decision that resolved the split in the circuits over the justiciability of Land and Resource Management Plans, or Forest Plans, which the Forest Service prepares. In Ohio Forestry Ass'n v. Sierra Club, the Court denied the Sierra Club's challenge to the Forest Plan for Wayne National Forest, holding that the issues were not ripe for review absent site-specific, on-the-ground activities. Gregory argues that the Court's decision reflects the continuing use of justiciability doctrines, such as ripeness, to restrict environmental plaintiffs' access to the courts. She maintains that Forest Plans are final agency actions …

Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud

University of Michigan Journal of Law Reform

Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …

Introduction, Alan Heinrich, Karl Manheim, David J. Steele

Loyola of Los Angeles Law Review

No abstract provided.

The Guardian Ad Litem In Custody And Conflict Cases: Investigator, Champion, And Referee, Dana E. Prescott J.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Qualifications Of The Techniques To Be Used By Judges, Attorneys, And Mental Health Professionals Who Deal The Children In High Conflict Divorce Cases, Barry Bricklin Ph.D., Gail Elliott Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Contentious Divorce: The Rocky Path To The Child's Best Interests, Michael S. Jellinek M.D., Kate Erwin M.D., Alexa Bagnell M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby

Indiana Journal of Global Legal Studies

[The George P. Smith, II, Distinguished Visiting Professorship-Chair

of Law and Legal Research endowment was established by George P.

Smith to broaden students' exposure to scholars and judges of national

and international reputation and to allow distinguished visiting scholars

the opportunity to do research at Indiana University and share their

ideas with the faculty and students of the Indiana University School of

Law and Indiana University. George P. Smith, an Indiana native,

received his B.S. degree in business, economics, and public policy in

1961 from Indiana University and his J. D. from the Indiana University

School of Law in 1964. …

Risk In Contemporary Society, François Ewald

Connecticut Insurance Law Journal

No abstract provided.

Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick

Indiana Law Journal

No abstract provided.

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.

Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.

The International Watercourse: An Exploitable Resource For The Developing Nation Under International Law?, Shashank Upadhye

Cardozo Journal of International and Comparative Law

No abstract provided.