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Articles 28771 - 28800 of 39232
Full-Text Articles in Entire DC Network
Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell
Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell
William & Mary Environmental Law and Policy Review
No abstract provided.
Polychlorinated Biphenyls And The "Mega Rule:" Will It Have The Mega-Impact The Epa Desired?, Lauren Maclanahan
Polychlorinated Biphenyls And The "Mega Rule:" Will It Have The Mega-Impact The Epa Desired?, Lauren Maclanahan
William & Mary Environmental Law and Policy Review
No abstract provided.
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reconciling Trade And Environment: A Legal Analysis Of European And North American Approaches, Bradly J. Condon
Reconciling Trade And Environment: A Legal Analysis Of European And North American Approaches, Bradly J. Condon
Cardozo Journal of International and Comparative Law
The article examines the differing approaches of the European Union (EU) and the North American Free Trade Agreement (NAFTA) in reconciling trade liberalization with environmental protection. While the EU employs a proportionality principle that prioritizes environmental protection over trade in cases of conflict, NAFTA uses a least-trade-restrictive principle to balance these interests. The analysis highlights that both systems reflect distinct political, economic, and legal frameworks but could benefit from learning each other's strengths and addressing their respective weaknesses.
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Cardozo Journal of International and Comparative Law
The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …
Recent Developments In Case Law
Recent Developments In Case Law
Southeastern Environmental Law Journal
No abstract provided.
The Effectiveness Of The Comprehensive Test Ban Treaty On Nuclear Weapons Proliferation: A Review Of Nuclear Nonproliferation Treaties And The Impact Of The Indian And Pakistani Nuclear Tests On The Non-Proliferation Regime, Vejay Lalla
Cardozo Journal of International and Comparative Law
The Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) are insufficient to curb nuclear proliferation due to weaknesses in their enforcement mechanisms, loopholes in their provisions, and challenges posed by new nuclear states like India and Pakistan. The treaties fail to address critical issues such as arbitrary withdrawal clauses and inadequate verification systems, undermining their effectiveness in achieving global nuclear disarmament.
Shades Of Brown: The Law Of Skin Color, Trina Jones
Shades Of Brown: The Law Of Skin Color, Trina Jones
Duke Law Journal
Because antidiscrimination efforts have focused primarily on race, courts have largely ignored discrimination within racial classifications on the basis of skin color. In this Article, Professor Jones brings light to this area by examining the historical and contemporary significance of skin color in the United States. She argues that discrimination based on skin color, or colorism, is a present reality and predicts that this form of discrimination will assume increasing significance in the future as current understandings of race and racial classifications disintegrate. She maintains that the legal system must develop a firm understanding of colorism in order for the …
Framing Environmental Policy Instrument Choice, Kenneth R. Richards
Framing Environmental Policy Instrument Choice, Kenneth R. Richards
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn
Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn
Duke Environmental Law & Policy Forum
No abstract provided.
Women’S Rights And Fetal Personhood In Criminal Law, Jean Reith Schroedel, Pamela Fiber, Bruce D. Snyder
Women’S Rights And Fetal Personhood In Criminal Law, Jean Reith Schroedel, Pamela Fiber, Bruce D. Snyder
Duke Journal of Gender Law & Policy
No abstract provided.
A Difficult Choice In A Different Voice: Multiple Births, Selective Reduction And Abortion, Stacey Pinchuk
A Difficult Choice In A Different Voice: Multiple Births, Selective Reduction And Abortion, Stacey Pinchuk
Duke Journal of Gender Law & Policy
No abstract provided.
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. A. Ruhl
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. A. Ruhl
Vanderbilt Law School Faculty Publications
This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new "eco-pragmatism" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little …
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Articles
Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.
Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis
Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis
American University Law Review
No abstract provided.
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
Duke Law Journal
No abstract provided.
Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich, Christine J. Villani
Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich, Christine J. Villani
Brigham Young University Education and Law Journal
No abstract provided.
Oklahoma's Concentrated Animal Feeding Operations Act: Balancing The Interests Of Landowners With The Exponential Growth Of The Hog Industry, David R. Gillay
Oklahoma's Concentrated Animal Feeding Operations Act: Balancing The Interests Of Landowners With The Exponential Growth Of The Hog Industry, David R. Gillay
Tulsa Law Review
No abstract provided.
Ireland's Constitutional Protection Of The Unborn: Is It In Danger, G. Diane Lee
Ireland's Constitutional Protection Of The Unborn: Is It In Danger, G. Diane Lee
Tulsa Journal of Comparative and International Law
No abstract provided.
Ecj, The Icj And Intellectual Property: Is Harmonization The Key, The, Lee Ann Askew
Ecj, The Icj And Intellectual Property: Is Harmonization The Key, The, Lee Ann Askew
Tulsa Journal of Comparative and International Law
No abstract provided.
Effects Of Child Labor On The Family In Asian Countries, The, Bhavin Patel
Effects Of Child Labor On The Family In Asian Countries, The, Bhavin Patel
Tulsa Journal of Comparative and International Law
No abstract provided.
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
Brigham Young University Journal of Public Law
No abstract provided.
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Brigham Young University Education and Law Journal
No abstract provided.
Inter-America Bar Association: Resolutions Of The Xxxv Conference
Inter-America Bar Association: Resolutions Of The Xxxv Conference
University of Miami Inter-American Law Review
No abstract provided.
Potency And Pregnancy In Japan: Did Viagra Push The Pill, Patricia L. Martin
Potency And Pregnancy In Japan: Did Viagra Push The Pill, Patricia L. Martin
Tulsa Law Review
No abstract provided.
Seeking A Better Solution For The Disposition Of Frozen Embryos: Is Embryo Adoption The Answer, Paul C. Redman Ii, Lauren Fielder Redman
Seeking A Better Solution For The Disposition Of Frozen Embryos: Is Embryo Adoption The Answer, Paul C. Redman Ii, Lauren Fielder Redman
Tulsa Law Review
No abstract provided.
Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard With "Live Birth" Standard, Fatma Marouf
Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard With "Live Birth" Standard, Fatma Marouf
Faculty Scholarship
Since the United States Supreme Court decision of Roe v. Wade, the line of viability for human fetuses has been consistently pushed back to earlier and earlier gestational ages. Granting "person" status to a nonviable fetus, even if only for purposes of the wrongful death statute, as the Oklahoma Supreme Court did in Nealis v. Baird, represents an important expansion of fetal rights. Although the court explicitly limited its decision to nonviable fetuses born alive, Judge Opala conceded that much of his opinion could apply equally to stillborn fetuses. The court's decision in Nealis raises important questions about …
Family Leave And The Gender Wage Gap, Michael Selmi
Family Leave And The Gender Wage Gap, Michael Selmi
North Carolina Law Review
No abstract provided.
Intellectual Property And Communications Omnibus Reform Act Of 1999: An Overview For Ip Practitioners, Julie H. Richardson, Kenneth D. Sibley
Intellectual Property And Communications Omnibus Reform Act Of 1999: An Overview For Ip Practitioners, Julie H. Richardson, Kenneth D. Sibley
North Carolina Journal of Law & Technology
No abstract provided.
Paradox Of Family Privacy, David D. Meyer