Digital Commons Network^™

Simulated Sodomy And Other Forms Of Heterosexual 'Horseplay': Same-Sex Sexual Harassment And The Myth Of The Gender Monolith Before And After Oncale, Deborah Zalesne, Hilary Axam

Publications and Research

No abstract provided.

Health And Welfare / Chapter 658: California's Health Care Decisions Law, Jeanine Lewis

McGeorge Law Review

No abstract provided.

Juveniles / Chapter 417: The Welfare Of Children-A Higher Priority Than Family Reunification, Jeanine Lewis

McGeorge Law Review

No abstract provided.

Quasi-Marital Children: The Common Law's Failure In Privette And Daniel Calls For Statutory Reform, The Honorable Chris W. Altenbernd

Florida State University Law Review

No abstract provided.

Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J. B. Ruhl

Notre Dame Law Review

No abstract provided.

Recent Developments: Senate Bill 480: Foster Care - Child Support Obligations, Martha Arango

University of Baltimore Law Forum

No abstract provided.

And Cloning Makes Three: A Constitutional Comparison Between Cloning And Other Assisted Reproductive Technologies, Stephanie J. Hong

UC Law Constitutional Quarterly

In recent years, society and medical technology have combined to yield numerous technologies with which a child may be born beyond traditional reproductive means. These procreative methods necessarily implicate various rights under the Constitution. The recent cloning of "Doily" the sheep and its potential implications for the cloning of human beings has thrust these issues into the forefront of society's collective mind. Despite constitutional concerns, these reproductive technologies remain legally permissible. The introduction of cloning, however, has been met with resistance far greater than that of the previous techniques.

This Note compares the similarities and differences, constitutionally speaking, between cloning …

International Concern For The Sustainability Of The World's Fisheries: United Nations Efforts To Combat Over-Fishing And International Debate Over State Fishing Subsidies, Nancy Nelson

Colorado Environmental Law Journal

No abstract provided.

Family Ties: Solving The Constitutional Dilemma Of The Faultless Father, David D. Meyer

Faculty Scholarship

No abstract provided.

Moral Disengagement And Lawyers: Codes, Ethics, Conscience, And Some Great Movies, Marianne M. Jennings

Duquesne Law Review

The American justice system is premised in large part on the notion that all accused parties are entitled to representation, regardless of guilt or innocence. This tenet requires attorneys to divorce their personal convictions from their professional representations, resulting, in the author's view, in moral disengagement. The author examines the effect such rationalization has on attorneys' behavior when confronting ethical dilemmas and finds cinematographic examples of this theory in a review of movies with legal themes.

The Convergence Of Thinking, Talking, And Writing: A Theory For Improving Writing, Kellen Mcclendon

Duquesne Law Review

The author's longstanding method of improving a law student's legal writing is to encourage the student to "talk-out" what the student is trying to write. The author finds support for that method by exploring the relationship among thinking, talking, and writing through the work of experts in those fields. The author concludes that the best way to find the overlap of thinking, talking, and writing, which is the point of effective communications, is to talk-out what one is writing.

The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel

UIC John Marshall Journal of Information Technology & Privacy Law

This comment suggests that individual United States citizens deserve a chance to propose legislature directly to the legislature; additionally, individuals should be permitted to vote on federal legislation before the President enacts it. The comment proposes that there be a popular electronic vote on all federal legislation. It discusses the history behind this proposition, including the Constitution, the legislature, and the history of elections and voting in the United States. Additionally, it discusses the media's influence on elections, the principles of direct democracy, and the evolution of the Internet. The comment details the ways this proposition would benefit the current …

The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge

UIC John Marshall Journal of Information Technology & Privacy Law

This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …

The Orphan Drug Act: What's Right With It, Gary Pulsinelli

Scholarly Works

No abstract provided.

Does Sharing Know Its Limits? Thoughts On Implementing International Environmental Agreements: A Review Of National Environmental Policies, A Comparative Study Of Capacity-Building, Mark A. Drumbl

Scholarly Articles

When nations lack capacity,they may find themselves unable to implement policy decisions. In such situations, even the most grandiose of edicts and transformative of enactments remain hortatory, modifying only the paper upon which they are written. Lack of capacity has been particularly troublesome in environmental policy. Many environmental commitments remain more apparent than real, often notoriously so. As a result, many pronouncements in favor of the polluter-pays-principle, sustainable development, and the precautionary principle are, notwithstanding good intentions, often simply not applied in practice. As environmental problems are increasingly perceived as global in effect, the responses thereto tend to be multilateral …

Who Is The Parent In Cloning?, Nanette Elster

Hofstra Law Review

No abstract provided.

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

Articles

No abstract provided.

The Failure Of Watershed Analysis Under The Northwest Forest Plan--A Case Study Of The Gifford Pinchot National Forest, Brent Foster

UC Law Environmental Journal

No abstract provided.

Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell

Articles

No abstract provided.

Missing Pieces Of Memory: A Rejection Of Type Classifications And A Demand For A More Subjective Approach Regarding Adult Survivors Of Childhood Sexual Abuse, Lonnie B. Richardson

St. Thomas Law Review

Part I of this Comment will address Freud's discovery of the effects of childhood sexual abuse. Freud's subsequent suppression of his discovery has led in part to the contemporary disbelief in the existence of childhood sexual abuse. Part II will focus on the psychological aspects of incest, exploring the impact of trauma on children and the resulting repression of the traumatic memories. Part III will review the policy considerations and recent developments involving the statute of limitations in delayed discovery of childhood sexual abuse cases. This part addresses the need to permit plaintiffs to sue for latent harm that went …

Controversial Speakers On Campus: Liberties, Limitations, And Common-Sense Guidelines, Kenneth Lasson

St. Thomas Law Review

This article reviews the historical context of controversial speakers on campus, examines various liberties and limitations accorded them under the Constitution, and suggests clear and effective standards for dealing with contentious speech in an academic setting.

Incompetence In The Brain Injured Individual, D. Michael Bitz, Jean S. Bitz

St. Thomas Law Review

We will initially address the historic acceptance of scientific propositions by the law as they relate to sanity. Insanity is one of the earliest forms of incompetence addressed by the criminal justice system. The current treatment of the courts with respect to head injuries will be presented. Following, there will be an explanation of the philosophical demand for an independent mens rea to sanction punishment. This will be tied to the relationship between head injuries and crime. Specifically, how a form of injury directly affects an individual's ability to make competent decisions while appearing outwardly normal. The legal implications of …

It’S Only Skin Deep: Fda Regulation Of Skin Care Cosmetics Claims, Bryan A. Liang, Kurt M. Hartman

Cornell Journal of Law and Public Policy

No abstract provided.

What Does Frieda Yoder Believe?, Emily Buss

Articles

No abstract provided.

Saving The Lost Sheep: Bringing Environmental Values Back Into The Fold With A New Epa Decisionmaking Paradigm, Victor B. Flatt

Washington Law Review

Currently, the Environmental Protection Agency (EPA) uses benefit-cost analysis in making many of its regulatory and enforcement decisions. This Article argues that, although required in some instances, the EPA's benefit-cost analysis procedure is incomplete, deeply flawed, and may even violate statutes in some respects. Much of the controversy surrounding environmental regulation can be attributed to this flawed benefit-cost analysis. This Article proposes a new paradigm for EPA regulatory decisionmaking. The proposed paradigm is a four-step decisionmaking process that enhances the outcome of the EPA's decisions by highlighting values that are often ignored or outside the traditional benefit-cost analysis but are …

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

Articles

No abstract provided.

Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case

Articles

No abstract provided.

Hayekian Socialism, Richard A. Epstein

Articles

No abstract provided.

Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling

Articles

No abstract provided.

Sex Discrimination In Life And Law, Diane P. Wood

Articles

No abstract provided.