Digital Commons Network^™

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

Creating Economic Incentives To Preserve Unique Ecosystems: Should Wisconsin Adopt A Private Wetlands Mitigation Banking Policy?, Jennifer L. Bolger

Marquette Law Review

No abstract provided.

The Clock Is Ticking: Do The Time Limits In Wisconsin's Termination Of Parental Rights Cases Serve The Best Interests Of Children?, Thomas J. Walsh

Marquette Law Review

No abstract provided.

Comments: Americans With Disabillties Act: An Alleged Violation Of The Ada Should Not Be A Defense In A Termination Of Parental Rights Proceeding, Jennifer Wright Burke

University of Baltimore Law Review

No abstract provided.

New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan

Animal Law Review

New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet

Villanova Law Review (1956 - )

No abstract provided.

The Mojave Basin Physical Solution: It’S A Good Idea, But Is It Good Law?, Rebecca Sugerman

UC Law Environmental Journal

No abstract provided.

Good Science In The Public Interest: A Neutral Source Of Friendly Facts?, Lynn E. Dwyer

UC Law Environmental Journal

No abstract provided.

The Natural Step And Its Implication For A Sustainable Future, Alex Tynberg

UC Law Environmental Journal

No abstract provided.

Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon

Villanova Law Review (1956 - )

No abstract provided.

The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus

Washington and Lee Law Review

No abstract provided.

The Limits Of Gaylaw, Dale Carpenter

Constitutional Commentary, Vols 1–36 (1984–2022)

The Limits of Gaylaw: a review essay of: Gaylaw; challenging the apartheid of the closet. William N. Eskridge, Jr. Harvard University Press. 1999. Pp. 512. Reviewed by: Dale Carpenter

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …

Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert

UC Law SF Journal on Gender and Justice

As indicated by the title, our primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term "situated knowledges" refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of "the view from below?" "Identity politics" is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a "feminist" or as a "lesbian" …

The Commission For Environmental Cooperation's Citizen Submission Process, David L. Markell

Scholarly Publications

No abstract provided.

Mahaoud Al-Bahadli V. Lds Family Services, Jill Lecheminant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna

UC Law Constitutional Quarterly

In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …

Congress' Property Clause Power To Prohibit Taking Endangered Species, Sophie Akins

UC Law Constitutional Quarterly

In 1995, the Supreme Court in United States v. Lopez reined in Congress' commerce powers by holding that Congress may only regulate activities that substantially affect interstate commerce. Five years later, the Court in United States v. Morrison reaffirmed Lopez and held further that the Commerce Clause only supports Congress' regulation of activities that are economic in nature. This Note examines the repercussions of Lopez and Morrison on Congress' power to enact the Endangered Species Act under the Commerce Clause. Most scholars and courts seem to agree that the Endangered Species Act will fail under the Court's recent Commerce Clause …

The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler

Faculty Publications

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions, there is a mismatch between the protocol's substantive provisions and present threats to biological diversity. The protocol endorses "precautionary" regulation of transboundary shipments of genetically engineered organisms, including crops, so as to reduce the environmental risks that such organisms may pose. The greatest threat to biological diversity is habitat loss, largely driven by the conversion of land for …

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

Shooting From The Lip: United States V. Dickerson, Role [Im]Morality, And The Ethics Of Legal Rhetoric, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Faculty Scholarship

No abstract provided.

Book Review [The Promise And Peril Of Environmental Justice], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

"What Are You?": Hapa-Girl And Multiracial Identity, Carrie Lynn H. Okizaki

University of Colorado Law Review

No abstract provided.

Beyond Cloning: Expanding Reproductive Options For Same-Sex Couples, David Orentlicher

Scholarly Works

No abstract provided.

The Destructive Role Of Land Use Planning, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Is land use planning fundamentally different from other forms of central planning? If so, does that difference suggest that land use planning will succeed where other forms of central planning failed? We conclude that land use planning is not fundamentally different from other forms of economic central planning. Further, the working of the market economy, and the long-term success of America's economy, is intertwined in the clear and certain rights and responsibilities generated by the common law of property. The complexity of the modem world does not diminish the need for private property; indeed, it strengthens its imperative. Returning to …

Property, Privacy, And The Human Body, Radhika Rao

Faculty Scholarship

No abstract provided.