Digital Commons Network^™

Yvette Madsen As Guardian, And Karly Madsen V. The Estate Of Kory Pasquin : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

NATURE OF PROCEEDING: APPEAL FROM T H I R D DISTRICT COURT, STATE OF UTAH, THE HONORABLE LESLIE A. LEWIS PRESIDING ARGUMENT PRIORITY 15

Ricky D. Krambule V. Barbara R. Krambule : Brief In Opposition To Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

RESPONSE BRIEF OF THE RESPONDENT RICKY D. KRAMBULE TO PETITION FOR CERTIORARI FROM THE UTAH COURT OF APPEALS

Leslie Alder & Jackie Jones V. Miles, Inc., Agfa Corporation, And Bayer Corporation : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEPHEN L. HENROID, DISTRICT JUDGE

Lloyd A. Fry Company V. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Decision and Orders of the Utah Air Conservation Committee, Utah State Division of Health

Taamu Meleisea V. Jana Hope & Lds Social Services : Brief Of Plaintiff- Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY Allen B. Sorensen, Presiding

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …

Biotechnology And The Law: Introduction, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Water, Water Everywhere, But Too Few Drops To Drink: The Coming Fresh Water Crisis And International Environmental Law, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

The Most Creative Moments In The History Of Environmental Law: "The Whats", William H. Rodgers, Jr.

Articles

In preparation for this symposium piece, Professor Rodgers asked a number of his colleagues active in the field of environmental law to identify what they considered to be the most creative moments in the history of environmental law. He gave no specific instructions with his request other than providing a definition of what he considered to be a creative moment: "A legal initiative that advances environmental law with a new level of analysis, new structure, or new institutional bridge. "

This article is a compilation of the numerous responses the author received. The responses formulate a detailed and informative description …

Financing Clinical Research And Experimental Therapies: Payment Due, But From Whom?, Patricia C. Kuszler

Articles

This article will explore the realm of clinical research and the question of who should finance such research. The first part will define the various types and levels of clinical research in terms of the regulatory controls and oversight applied to such research. Then the article will summarize how the costs of clinical research and experimental therapies have been covered in the past. Finally, the article will evaluate the risks and benefits derived by the various stakeholders and propose a financing rationale for therapies that places the burden of cost squarely on the stakeholders most likely to benefit.

Globalization And Its Losers, Jim Chen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Democracy Should Not Have Losers, Elisabeth Lasch-Quinn

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Globalization And Its Metaphors, John Miller

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Wto Food And Agricultural Rules: Sustainable Agriculture And The Human Right To Food, Mark Ritchie, Kristin Dawkins

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Discrimination After Death, 53 Okla. L. Rev. 389 (2000), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, 34 U.S.F. L. Rev. 295 (2000), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

No abstract provided.

Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

Knowledge About Welfare: Legal Realism And The Separation Of Law And Ecnomics, Herbert Hovenkamp

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

All Together Now: Legal Responses To The Introduction Of Aquatic Nuisance Species In Washington Through Ballast Water, Jason R. Hamilton

Washington Law Review

Aquatic nuisance species (ANS) are a substantial threat to the global environment, causing harm to ecosystems and costing U.S. industry billions of dollars per year. To combat ANS, legal regimes are being established on the international, federal, and state levels. In some western states, advocates have proposed legislation that is more stringent than the international and federal legal regimes' voluntary ballast-water-exchange regulations. This Comment argues that Washington and the United States should remain in conformity with the international legal regime and should not enact regulations calling for mandatory ballast water-exchange at this time. Instead, the U.S. Coast Guard should strengthen …

Simplicity And Complexity In Contracts, Karen Eggleston

Coase-Sandor Institute for Law & Economics Research Paper Series

Standard economic models of contract imply that contracts should be highly "complex," by which we mean (1) rich in the expected number of payoff-relevant contingencies; (2) variable in the magnitude of payoffs contracted to flow between parties; and (3) severe in the cognitive load necessary to understand the contract. Yet most realworld contracts are simple along all three of these dimensions. We argue that many factors, often neglected in the literature, account for this discrepancy. The factors are categorized as asymmetric information, monitoring dynamics, evolutionary pressures, conventions, reliance on trust and reputation, enforcement costs, bounded rationality, and renegotiation. This positive …

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

Articles

When do the rights of nonmarital fathers to their children quicken? Is it only upon the father's establishment of a substantial economic and emotional relationship with his child? Do such fathers' interests gel only after the ink has dried on an order or affidavit in which paternity is established or acknowledged? Do there fundamental rights lie inchoate in the beating hearts of the newborn or gestating child? How should the law regard the role of the nonmarital father in the adoption context? Should there be one standard for all or two-one for fathers of infants and another for fathers or …

Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller

UC Law SF Journal on Gender and Justice

The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …

Frank J. Battisti Memorial Lecture: School Reform: Past, Present, And Future, Diane Ravitch

Case Western Reserve Law Review

No abstract provided.

Substantial Equivalence: A Valid International Sanitary And Phytosanitary Risk Assessment Objective For Genetically Modified Foods, David L. Devernoe

Case Western Reserve Law Review

No abstract provided.

Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders

Case Western Reserve Law Review

No abstract provided.

Essay: Between Intimates And Between Nations: Can Law Stop The Violence ?, Martha Minow

Case Western Reserve Law Review

No abstract provided.

Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing

Michigan Journal of Race and Law

This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …

The New Cultural Diversity And Title Vii, Steven A. Ramirez

Michigan Journal of Race and Law

This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …