Digital Commons Network^™

Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak

Fordham Urban Law Journal

The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and …

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

Hofstra Law Review

In her article Prof. Bartlett focuses on race and sex, not where they cross, but what they look like side by side using child custody as a starting point for a more detailed assessment of the similarities and differences between sex and race discrimination. The author focuses on the operation of, and attempts to eliminate, race and sex discrimination in child custody law, using a methodology of moving back and forth between examples of race discrimination and sex discrimination, showing how looking at one in relation to the other contributes to a better understanding of both.

Standardized Tests: The Continuation Of Gender Bias In Higher Education, Andrea L. Silverstein

Hofstra Law Review

No abstract provided.

Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …

Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach , Julie A. Nice

Cornell Law Review

No abstract provided.

Critical Strategy And The Judicial Evasion Of Difference , Kathryn Abrams

Cornell Law Review

No abstract provided.

Setting Limits On Judicial Scientific, Technical, And Other Specialized Fact-Finding In The New Millennium, Adam J. Siegel

Cornell Law Review

No abstract provided.

Respecting Commitment: A Proposal To Prevent Legal Barriers From Obstructing The Effectuation Of Intestate Goals , Marissa J. Holob

Cornell Law Review

No abstract provided.

In Defense Of New Sports Stadiums, Ballparks And Arenas, Allen R. Sanderson

Marquette Sports Law Review

No abstract provided.

Adapting Intestacy Laws To Changing Families, Susan N. Gary

Minnesota Journal of Law & Inequality

No abstract provided.

Biotechnology And The Legal Constitution Of The Self: Managing Identity In Science, The Market, And Society, Jonathan Kahn

UC Law Journal

This article revisits the case of Moore v. Regents of the University of California to explore and elaborate an approach that points toward a more effective and just manner of ordering the legal management of identity in the realm of biotechnology-and perhaps beyond.

First, Professor Kahn explores how the tort of appropriation of identity, as invoked by the California Appellate Court in Moore, opens up new approaches to inform and perhaps supplement principles of property law as a guide to managing genetic information or other materials that seem intimately bound up with a particular human subject.

Second, he analyzes how …

Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers

Articles

South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …

Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg

Articles

Legal scholars and economists might enhance the value and impact of their work by making more effective use of each other's knowledge and capabilities. Legal scholars can offer a more nuanced understanding of the legal rules that underlie the patent system and the doctrinal levers that might be manipulated in furtherance of public policy goals. Economists bring to bear a set of analytical and methodological tools that could shed considerable light on what these doctrinal levers are doing and which of them we ought to be manipulating. Together, we have a better chance of asking the right questions and thinking …

International Environmental Impact Assessment: Potential For A Multilateral Environmental Agreement, Kevin R. Gray

Colorado Environmental Law Journal

No abstract provided.

Equality Among Unequals In International Environmental Law, Anita Margrethe Halvorssen., Karl Ohlsen

Colorado Environmental Law Journal

No abstract provided.

Opportunities To Improve Pesticide Policy In Central America, Andrew M. Crain

Colorado Environmental Law Journal

No abstract provided.

The Heuristics Of Intellectual Due Process: A Primer For Triers Of Science, Erica Beecher-Monas

Law Faculty Research Publications

Scientific evidence is an inescapable facet of modern litigation. The Supreme Court; beginning with the seminal case of Daubert v. Merrell Dow Pharmaceuticals, Inc, and continuing with General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael, has instructed federal judges to evaluate the scientific validity of such evidence in determining the evidence's adinissibiliV. In this Article, Professor Erica Beecher-Monas argues that many judges ignore the science component of their "gatekeeping" duties, focusing instead on rules of convenience that have little scientific justification. As a result, size demonstrates that judges reject even scientifically uncontroversial evidence that would have litttlroeu …

Is The Use Of The Doctrine Of Equivalents To Fix Mistakes A Mistake?, Martin Adelman

Law Faculty Research Publications

No abstract provided.

Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers

Cleveland State Law Review

The decision in Kass illustrates a situation where well-founded common law contract principles were applied to a novel reproductive issue in order to respond to rapidly evolving technological progress. However, this legal dilemma presents a variable that warrants special attention. The parties involved in the case at hand struggled for control of a possible human life; Mrs. Kass hoped to preserve the pre-zygotes for future implantation attempts, and Mr. Kass sought to avoid the tribulations associated with compulsory parenthood. This Comment will evaluate the decisions rendered by both the Supreme Court of New York and the New York Court of …

Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent-Child Relationships, Linda L. Berger

Loyola of Los Angeles Law Review

No abstract provided.

The Death Penalty And The Way We Think Now, R. George Wright

Loyola of Los Angeles Law Review

No abstract provided.

The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …

How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders

Faculty Scholarship

This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate underway …

Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson

Fordham Urban Law Journal

This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

The Pursuit Of The Hunt, Interrupted: Changing Literary Image Of Law, William J. Wagner

Scholarly Articles

In the course of reaching its substantive conclusions, this article seeks to shed light on the theoretical and methodological requisites of a valid and fruitful application of literary sources in jurisprudence.

The article begins by explicating the original literary image of the pursuit of the hunt interrupted, within its thematic setting in Aeschylus. It then offers theoretical and methodological postulates for drawing out the fuller meaning for law and legal studies of the image. It explores variations on the same pattern of imagery in subsequent works of Western literature, and offers reflections on how these variations can enrich our understanding …

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

Barbara Krambule V. Ricky D. Krambule : Petition For Writ Of Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals

Kristie Madsen V. Kory Pasquin : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Amended Final Judgment on Kristie Madsen's petition filed in an informal probate to have her child KM, a minor child, named as a child and heir of the late Kory Pasquin

Rick F. Nott V. Jody M. Lilly : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellee