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Vol. 50, No. 6, December 1, 1999, University Of Michigan Law School

Res Gestae

•Prospective Faculty to Speak Within Next Week •Yingtao, Justified •Persian Pride •More Top 10 Lists •Shopping Guide •Tumble Freely •Dogma Trashed

Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien

William & Mary Bill of Rights Journal

While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period June 1, 1998 through May 31, 1999. Most of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. When appropriate, this Article will discuss briefly how the amendments that appear in the Revised Probate Code of 19981 will affect the issue under discussion.

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

I-Dna-Fication, Personal Privacy, And Social Justice, Eric T. Juengst

Chicago-Kent Law Review

No abstract provided.

Owning Genes: Disputes Involving Dna Sequence Patents, John Murry

Chicago-Kent Law Review

No abstract provided.

Introduction: The Body, Economic Power And Social Control: Introduction, Dorothy Nelkin, Lori B. Andrews

Chicago-Kent Law Review

No abstract provided.

Introduction: Defining And Understanding Sustainability In Small Island States, Charles J. Stevens

Pacific Studies

No abstract provided.

Legislating A Sustainable Land Ethic For New Zealand, Michèle D. Dominy

Pacific Studies

This article explores competing discourses of sustainability in New Zealand’s South Island. As active resource managers, high-country pastoralists’ conception of “country” contests predominant reductive and binary models of production/ conservation and economic resource/visual resource and suggests a more complicated dynamic between scientific and cultural paradigms of sustainability than has been acknowledged. This dynamic is captured in the internationally driven top-down concept of equitable sustainable land management with a dual commitment to both cultural and ecological diversity as defined locally, formulated as part of the United Nations Rio Declaration of 1992, agenda 21, chapter 13. I examine an emergent high-country “land …

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Basic Themes For Regulatory Takings Litigation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

There is probably no area of law that is as fraught with confusion and inconsistencies as the regulatory takings doctrine. In this Article, Professor Byrne summarizes arguments, called "litigation themes," that can be made to help circumnavigate the many pitfalls and quagmires that await takings liti-gators as a result of this confusion. The Article argues that the Fifth Amend-ment's Takings Clause was never meant to apply to the regulation of property, but only to physical or legal appropriations. Professor Byrne suggests that the Due Process Clauses or the Equal Protection Clause are equally capable of resolving the conflicts that result …

Israel Rejects Its Own Offspring: The International Criminal Court, Ayelet Levy

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Effects Of Intercountry Adoptions On Biological Parents' Rights, Jordana P. Simov

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Vol. 50, No. 5, November 9, 1999, University Of Michigan Law School

Res Gestae

•LSSS Recognizes Bill Bradley Student Group •Yingtao on Guns •New Winter Courses •The J Arch Project •Movie Reviews •Interview of the Year •Music Reviews

Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee

National Health Policy Forum

An introduction to a Forum series on biomedical research policy issues, this paper provides background on the organization and structure of both public and private research entities. It outlines the federal components, from the National Institutes of Health (NIH) to the Department of Veterans Affairs. It also looks at the rapid growth in pharmaceutical, biotechnology, and medical device research and development and the varying responses from managed care plans, practice-based research networks, and contract research organizations. After laying out various tensions in the field, such as competition among disease-oriented advocates, alignment of different priorities, allocation of dollars between basic and …

Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii

Missouri Law Review

At the dawn of the new millennium, the mysteries of the human genome' are being revealed: A working draft of ninety percent of the human genome sequence is expected to be completed by mid-2000, five years ahead of schedule.2 Few endeavors in human history have promised so much while causing so much concern.

Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey

Missouri Law Review

A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …

Regulating Through Information: Disclosure Laws And American Health Care, William M. Sage

Faculty Scholarship

Efforts to reform the American health care system through direct government action have failed repeatedly. Nonetheless, an alternative strategy has emerged from these experiences: requiring insurance organizations and health care providers to disclose information to the public. In this Article, Professor Sage assesses the justifications for this type of regulation and its prospects. In particular, he identifies and analyzes four distinct rationales for disclosure. He finds that the most commonly articulated goal of mandatory disclosure laws-improving the efficiency of private purchasing decisions by giving purchasers complete information about price and quality- is the most complicated operationally. The other justifications-which he …

Secrets And Lies: A Model Statute For Cooperative Adoption, Lucy S. Mcgough, Annette Peltier-Falahahwazi

Louisiana Law Review

No abstract provided.

Beyond "Harm": Abandoning The Actual Injury Standard For Certain Prohibited Takings Under The Endangered Species Act By Giving Independent Meaning To "Harassment", Alicia M. Griffin

Vanderbilt Law Review

As new technology and a desire for progress propel us into the next millennium, a corresponding daily depletion of national and worldwide wildlife resources perpetuates the frightening biological problem of species extinction, resulting in "irreplaceable losses" to medicine, science, ecology, and aesthetics. Every species is a part of the intricate and complicated ecosystem; its stability depends on the continued existence of each of its components. Each black-footed ferret, blue whale, and red wolf contributes to the delicate "balance of nature," a state of ecology that must be maintained for humans to survive. Indeed, scientists have derived much-needed knowledge from other …

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …

Vol. 50, No. 4, October 19, 1999, University Of Michigan Law School

Res Gestae

•Curriculum Committee Debates Changes to Interview Season •Winter Grade Curve •Email Abuse •Get Musical! •Hornbook Workout •Larry Returns! •TBIYTC

Vol. 50, No. 3, October 5, 1999, University Of Michigan Law School

Res Gestae

•Election Results are In •Affirmative Action •A2: Ripoff City •3 Second Memory •Fashion for Profs •More on Trolleys •Movie Reviews

Site Visit To Baltimore And Fort Detrick, Maryland — Preparing For A Bioterrorist Incident: Linking The Public Health And Medical Communities, Robin J. Strongin

National Health Policy Forum

As follow-up to the NHPF's February 1999 session entitled "Biological Terrorism: Is the Health Care Community Prepared?" the Forum organized a site visit on October 4 and 5, 1999, to Baltimore and Fort Detrick, Maryland. The site visit provided federal congressional and agency staff with the opportunity to learn first-hand how one local area is preparing for the possibility of a bioterrorist incident. Several themes were stressed throughout the two days, including the following: distinguishing bioterrorism from chemical terrorism, understanding the relationships between various agencies and institutions and their related funding streams, determining how the federal government can …

Resource Law Notes Newsletter, No. 47, Fall Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Protecting The Cultural And Natural Heritage: Finding Common Ground, Lakshman Guruswamy, Jason C. Roberts, Catina Drywater

Buffalo Environmental Law Journal

No abstract provided.

Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.