Digital Commons Network^™

Liberty, Patriarchy, And Feminism, Richard A. Epstein

Articles

No abstract provided.

Constitutional Comparisons And Converging Histories: Historical Developments In Equal Educational Opportunity Under The Fourteenth Amendment Of The United States Constitution And The New South African Constitution, Alfreda A. Sellers Diamond

UC Law Constitutional Quarterly

The black populations in both the United States and South Africa continue to suffer under the legacy of past discrimination and unequal educational opportunity. In both countries, the constitutional revisions eliminating state-sanctioned racial discrimination failed to alleviate the disadvantages experienced by blacks in terms of socioeconomic status, educational opportunity and political power.

America's post-emancipation history, including the Plessy v. Ferguson and Brown v. Board of Education Supreme Court jurisprudence, shows that the removal of de jure racial discrimination and constitutionally countenanced unequal treatment is not enough to repair the damage and lingering effects caused by former discrimination. Rather, more affirmative …

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

Articles

The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

Articles

No abstract provided.

Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort

Articles

No abstract provided.

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

Articles

Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …

International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter

UIC Law Review

No abstract provided.

Random Notes Of An Integration Warrior--Part 2: A Critical Response To The Hegemonic Truth Of Daniel Farber And Suzanna Sherry, John O. Calmore

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

No abstract provided.

Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande

UIC Law Review

No abstract provided.

Who Is My Mother?: Why States Should Ban Posthumous Reproduction By Women, Kristin L. Antall

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Is Self-Regulation Enough Today?: Evaluating The Recombinant Dna Controversy, Charles Weiner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Fuller And Language, Joseph Vining

Book Chapters

His style made him distinctive. His substance made him distinctive. The two crossed, were genetically related as we now say. Style and substance each drew on and was implied by the other. One point of their crossing was his sense of the nature of human language; what language was and could be, what it was not and could never be. In 1930, early in his work, Fuller took up the problem of language in a series of articles. Toward the end of his time he republished this initial ground-establishing effort as the little book we now have, Legal Fictions, …

Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell

UC Law SF Communications and Entertainment Journal

Transfer of computer software in the international context presents many complexities. Tension has developed between countries of manufacture and the countries of sale. Specifically, how should the income arising from such transactions and the resulting tax base be allocated between the nations where the purchaser and seller are located? Treasury Regulation 1.861-18 attempts to bring some clarity to the characterization of income from the international transfer of computer software. This note explains this regulation as it concerns the disposition of copyright ownership rights and copyrighted subject matter, as well as explores various tax planning opportunities.

The Outer Limits Of Human Genetic Engineering: A Constitutional Examination Of Parents' Procreative Liberty To Genetically Enchance Their Offspring, Thomas Stuart Patterson

UC Law Constitutional Quarterly

The biotechnological field of genetic engineering is advancing so rapidly that some scientists predict that within the next decade, technology will be available that will enable people to genetically engineer their offspring. This ability could be used for purposes as diverse as curing a genetic disease or selecting certain "favorable" characteristics for one's progeny.

While there seem to be some potential benefits to such technology, there are specific dangers as well. Throughout the short history of genetic engineering, scientists have found that there are sometimes unanticipated negative effects that arise with genetic manipulation. Because of this fact, some scientists are …

Mothers And Disparate Treatment: The Ghost Of Martin Marietta, Martha Chamallas

Villanova Law Review (1956 - )

No abstract provided.

The Limited Vision Of The Family And Medical Leave Act, Michael Selmi

Villanova Law Review (1956 - )

No abstract provided.

The Juvenile Justice Counterrevolution: Responding To Cognitive Dissonance In The Law's View Of The Decision-Making Capacity Of Minors, 48 Emory L. J. 65 (1999), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Including Best Available Science In The Designation And Protection Of Critical Areas Under The Growth Management Act, Alan D. Copsey

Seattle University Law Review

This Article discusses the meaning of these latter two requirements: the requirements to include best available science and to give special consideration to the conservation of anadromous fisheries. Section II defines "best available science" by examining the fundamental characteristics of scientific information applied in the context of the GMA. Expanding on the work of a technical team convened by DCTED, this Article suggests an approach useful for identifying scientific information and assessing which of that information should be considered the "best available science." Section III concludes that the requirement of RCW 36.70A. 172(1) to include best available science is a …

Legal Ethics And A Civil Action, Kevin E. Mohr

Seattle University Law Review

This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …

Egging On Lesbian Maternity: The Legal Implications Of Tri-Gametic In Vitro Fertilization , Kyle C. Velte

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax

Villanova Law Review (1956 - )

No abstract provided.

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …

Inequalities In California's Public School System: The Undermining Of Serrano V. Priest And The Need For A Minimum Standards System Of Education, Hanif S. P. Hirji

Loyola of Los Angeles Law Review

No abstract provided.

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

Articles

More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

New York Law School Center For International Law Symposium On World Trade And The Environment, David Balton, Steve Charnovitz, Philippe Sands, T.N. Srinivasan

NYLS Journal of International and Comparative Law

No abstract provided.

Procreative Liberty And Contemporaneous Choice: An Inalienable Rights Approach To Frozen Embryo Disputes, Carl H. Coleman

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

No abstract provided.

The Transformation Of The Juvenile Court--Part Ii: Race And The Crack Down On Youth Crime, Barry C. Feld

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

No abstract provided.

To The Bone: Race And White Privilege, Jerome Mccristal Culp Jr.

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

No abstract provided.

Why Rubbish Matters: The Neoconservative Underpinnings Of Social Constructionist Theory, Steven G. Gey

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

No abstract provided.

The Murky Waters Of International Environmental Jurisprudence: A Critique Of Recent Wto Holdings In The Shrimp/Turtle Controversy, Bret Puls

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

No abstract provided.