Digital Commons Network^™

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.

Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose

Duke Environmental Law & Policy Forum

No abstract provided.

Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell

Duke Environmental Law & Policy Forum

No abstract provided.

Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle

Duke Environmental Law & Policy Forum

No abstract provided.

Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor

Duke Environmental Law & Policy Forum

No abstract provided.

Better Settle Than Sorry: The Regret Aversion Theory Of Litigation Behavior, Chris Guthrie

Vanderbilt Law School Faculty Publications

Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on prospect theory. While Professor Guthrie acknowledges the explanatory power of these theories, he argues that they are flawed because they portray litigants solely as calculating creatures. These theories disregard any role emotion might play in litigation decision making. Guthrie proposes a mplementary theory-the Regret Aversion Theory of Litigation Behavior-that views litigants as both calculating and emotional creatures. With roots in economics, cognitive psychology, and social psychology, the …

The Shrimp-Turtle Case: Implications For Article Xx Of Gatt And The Trade And Environment Debate, Bruce Neuling

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

In The Name Of Tradition: Eradicating The Harmful Practice Of Female Genital Mutilation, Jaimee K. Wellerstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Organ Allocation And The States: Can The States Restrict Broader Organ Sharing?, Roderick T. Chen

Duke Law Journal

No abstract provided.

Government As God: An Update On Federal Intervention In The Treatment Of Critically Ill Newborns, Dionne L. Koller

All Faculty Scholarship

Whether a severely impaired or critically ill infant should receive lifesaving, and sometimes extraordinary, medical treatment, or be allowed to die, is hotly debated. The issue initially garnered public attention in 1982, when an infant who was born with Down's Syndrome, “Baby Doe,” was allowed to die from a correctable birth defect. Following this, the federal government took a lead role in determining the fate of critically ill newborns. In the meantime, doctors, philosophers, and others have debated whether federal interference in this area is appropriate.

This essay will bring the reader up to date on the “Baby Doe” issue …

Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle

Osgoode Hall Law Journal

In recognition that forests are one of their greatest resources, Aboriginal peoples are considering how altered tenure arrangements might uphold traditional values, including ecological integrity, while providing economic and employment opportunities. However, the federal and provincial forest management structures have historically precluded First Nations from helping to define, and participate in, the forest industry. The authors explore the legal and regulatory basis of forest management in Canada, and assess how it facilitates or impedes Aboriginal management of traditional areas. This is done through a legislative and policy analysis, and through the use of case studies from across Canada. The authors …

Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Vol. 50, No.2, September 21, 1999, University Of Michigan Law School

Res Gestae

•Student Senate Elections Next Wednesday & Thursday •The Economist •1L Reflections •What Law Review? •3 Second Memory •Movie Reviews •Gotta Go

Vol. 17, No. 03 (September 13, 1999)

Indiana Law Annotated

No abstract provided.

From Petri Dish To Paternity: Who's Entitled To Custody?, Laura A. Kelley

Buffalo Women's Law Journal

No abstract provided.

Taslitz's Proposal For The Use Of Feminist Evidence Law In The Courtroom, Harvey Gee

Buffalo Women's Law Journal

Book review of Andrew Taslitz's Rape and the Culture of the Courtroom

Vol. 50, No. 1, September 7, 1999, University Of Michigan Law School

Res Gestae

•Vol. 1, No. 1 •The Growing Quad •Issues Still With Us •Cartoons •Asking for Trouble •Interview Tips

Impoverished Liberalism: Does The New York Workfare Program Violate Human Rights, Anthony Bertelli

Buffalo Human Rights Law Review

No abstract provided.

Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew

Buffalo Women's Law Journal

Tenure discrimination plaintiffs confront a judiciary that regularly defers to the administrative judgments of universities. Strangely, however, student plaintiffs suing under Title IX do not confront the same deferential posture. This occurs even when the student plaintiffs are suing their professors over classroom speech and academic freedom is at stake. After presenting the evidence of an asymmetrical application of judicial deference to the university, the Article critiques the Supreme Court’s decision in Gebser v. Lago Vista Independent School District to weaken the remedial powers of Title IX relative to Title VII. The Article then explores the arguments for and against …

Indian Identity--Post Indian Reflections, Fred Lomayesva

Tulsa Law Review

No abstract provided.

Race And Representation: A Study Of Legal Aid Attorneys And Their Perceptions Of The Significance Of Race, Roland Acevedo, Edward Hosp, Rachel Pomerantz

Buffalo Public Interest Law Journal

No abstract provided.

Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel

Washington International Law Journal

The United Nations has decreed that access to a variety of methods of birth control is a basic human right, that prevention of pregnancy, not termination, is the goal of birth control, and that abortion is an unacceptable method of birth control. Until recently, condoms and the rhythm method were the only legal forms of contraception in Japan. The high failure rates of these methods, coupled with access to abortion on demand, made abortion the de facto primary method of birth control in Japan. The Japanese government's recent decision to end the ban on oral contraceptives will reduce the number …

Role Of Culture In Psychology: A Look At Mental Illness And The Cultural Defense, The, Nicole A. King

Tulsa Journal of Comparative and International Law

No abstract provided.

A Commentary: Why Civil Commitment Laws Don't Work The Way They're Supposed To, Philip D. Arben

The Journal of Sociology & Social Welfare

It is often presumed that the legal rights of those who are mentally ill or alleged to be mentally ill are adequately protected by the changes in civil commitment statutes that most states instituted during the 1970s. The author who participated in the writing of these reform statutes recently observed 63 civil commitment hearings. The gap between the stated requirements of the statute and the actual conduct of the commitment hearings was substantial. This paper attempts to explain why the reality has failed to meet the promise.

West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly

West Virginia Law Review

No abstract provided.

The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami

Washington International Law Journal

The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …

Terry L. Anderson And Peter J. Hill, Eds., Water Marketing - The Next Generation, Madoline Wallace

Water Law Review

No abstract provided.

Vol. 17, No. 01 (August 30, 1999)

Indiana Law Annotated

No abstract provided.

154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

154th University of Notre Dame Commencement and Mass Program

Summer

Unforgettable, Too: The (Juris)Prudential Legacy Of The Second Justice Harlan, J. Richard Broughton

Seton Hall Constitutional Law Journal

No abstract provided.