Digital Commons Network^™

Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark

Michigan Journal of Gender & Law

This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat

Michigan Journal of International Law

The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.

The Caspian: Is It A Lake, A Sea Or An Ocean And Does It Matter? The Danger Of Utilizing Unilateral Approaches To Resolving Regional/International Issues, Barry Hart Dubner

Penn State International Law Review (1982 - 2011)

No abstract provided.

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman

Journal of Law and Health

The question that will be addressed here is whether juvenile inmates can voluntarily give informed consent to participate in biomedical and behavioral research. Further, can juvenile inmates act voluntarily in the midst of coercion used by researchers to persuade the subjects to participate, and coercion that is inherent in the nature of being a juvenile inmate? Can consent be informed when a juvenile inmate's comprehension and understanding of what biomedical and behavioral research entails is limited by age and maturity level? Finally, even if juvenile inmates are deemed capable to give voluntary informed consent to biomedical and behavioral research, is …

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.

Environmental Hazards: Assessing The Risk To Women, Staci Jeanne Krupp

Fordham Environmental Law Review

No abstract provided.

The National Wildlife System Improvement Act Of 1997: Defining The National Wildlife Refuge System For The Twenty-First Century, Cam Tredennick

Fordham Environmental Law Review

No abstract provided.

Enforcing Ecosystem Management Under The Northwest Forest Plan: The Judicial Role, Lauren M. Rule

Fordham Environmental Law Review

No abstract provided.

Loves Lies Bleeding: Brownfields In The New Millennium, Leonard O. Townsend

Fordham Environmental Law Review

No abstract provided.

Environmental Jurisprudence: The Fate Of The Manatees, Rex D. Khan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Growing Environmental Concerns: Is Population Control The Answer, Diane L. Slifer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Need To Know Basis: Record Keeping, Information Access, And The Uniform Status Of Children Of Assisted Conception Act, Amy Shelf

UC Law Journal

This note examines the delicate legal issues surrounding recent medical advances in reproductive technology, which have dramatically transformed the way humans reproduce. The ability to manipulate fertility raises difficult ethical issues, particularly when embryo and gametes donors choose to remain anonymous. The note addresses the current legal system's unsuccessful attempts at dealing with requests for information made by the offspring created through these new methods. The author analyzes the Uniform Status of Children of Assisted Conception Act, and, while agreeing with the Act's goal of putting the rights of children to the fore, also notes its failure to address record-keeping …

Second-Parent Adoption, Patricia J. Falk

Law Faculty Articles and Essays

The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Journal of Health Care Law and Policy

No abstract provided.

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.

Re-Orienting Law And Sexuality , Ratna Kapur, Tayyab Mahmud

Cleveland State Law Review

This symposium issue of the Cleveland State Law Review emerges from the Reorienting Law and Sexuality Conference hosted by Cleveland-Marshall College of Law in October 1999. The symposium locates itself as a continuation of the discourse that surfaced in the American legal academy in 1979 with a symposium issue of the Hastings Law Review. It is a discourse that brings into sharp relief technologies of power and strategies of resistance that contend at all sites where law aims to regulate human sexuality. While the initiative of 1979 was further cultivated by other forums of knowledge production within the American legal …

A Child Conceived After His Father's Death: Posthumous Reproduction And Inheritance Rights - An Analysis Of Ohio Statutes, Cindy L. Steeb

Cleveland State Law Review

This Article will argue that the posthumous child and the rights and responsibilities relating to such a child, are directly related to the fundamental right to procreate, thus statutes must support rather than prohibit posthumous conception. It will argue that legislation must necessarily incorporate that right in determining issues and forming legislation related to the posthumous child. It will show that current legislation, both the various Uniform Codes and Ohio's Revised Code, is not sufficient to protect and provide for this new class of children. In reaching this conclusion, Part II of this Article will review the history of artificial …

The Hong Kong Special Administrative Region As A Model Of Regional External Autonomy, Xiaobing Xu, George D. Wilson

Case Western Reserve Journal of International Law

No abstract provided.

Evolutionary Statutory Interpretation: Mr. Justice Scalia Meets Darwin, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This paper examines the seeming contrast between the legal doctrines that the interpretation of statutes can evolve over time and that the interpretation of statutes must be grounded only in their texts, which never change unless amended by Congress. That examination is illuminated by complexity and meme theories. The examination is concluded by applying both doctrines and theories to the question of whether the term “navigable water” in a water pollution control statute includes underground water.

Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer

Faculty Scholarship

This panel will discuss intellectual property - the patent incentive, patentability issues, licensing, and litigation-related matters. It will be moderated by Dr. Ashley Stevens, the Director of the Office of Technology Transfer at Boston University. Ashley has multiple degrees, including a doctorate in physical chemistry from Oxford University. He has worked in the biotech industry for a number of years, mostly with startup companies and academic research organizations such as the Dana Farber Cancer Institute, where he was also Director of Technology Transfer. Ashley was instrumental in the startup and operations of firms such as Biotechnica International, and started his …

The Man On The Moon, Immortality, And Other Millennial Myths: The Prospects And Perils Of Human Genetic Engineering, George J. Annas

Faculty Scholarship

The year 2000 provides an opportunity to reflect and speculate on human life in the year 3000. We cannot know what human life will be like a thousand years from now, but we can and should think seriously about what we would like it to be. What is unique about human beings and about being human? What makes humans human? What qualities of the human species must we preserve to preserve humanity itself? What would a "better human" be like? If genetic engineering techniques work, are there human qualities we should try to temper, and ones we should try to …

But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox

Faculty Scholarship

This article is divided into three sections. Section one considers the positive results from the civil unions law. It recognizes that this legislation represents an important step along the path toward full recognition of same-sex couples by extending significant rights, benefits, and responsibilities beyond opposite-sex marriage." With these benefits, however, come several problems. Section two places the civil unions law along side other examples of "separate but equal" restrictions in the race and sex contexts and considers it within the sexual orientation context. This section explains how government-sponsored segregation has always caused damage to both groups that are taught they …

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

Climate Change: The Next Dimension, Lakshman Guruswamy

Publications

No abstract provided.

Should Marriage Matter?: Evaluating The Rights Of Legal Absentee Fathers, Jennifer E. Burns

Fordham Law Review

No abstract provided.

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Fordham Law Review

No abstract provided.

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum

NYLS Journal of Human Rights

PANEL III: REACHING GOALS: CHOOSING STRATEGIES AND ISSUES FOR ADVANCEMENT