Digital Commons Network^™

Hey, Christians, Leave Your Kids Alone!, Stephen G. Gilles

Constitutional Commentary, Vols 1–36 (1984–2022)

Hey, Christians, Leave Your Kids Alone! A review essay of: Religious Schools v. Children's Rights. By James G. Dwyer. Cornell University Press. 1998. Pp. 204

Expert Report Of Eric Foner, Eric Foner

Michigan Journal of Race and Law

Race has been a crucial line of division in American society since the settlement of the American colonies in the beginning of the 17th century. It remains so today. While the American understanding of the concept of "race" has changed over time, the history of African-Americans provides a useful template for understanding the history of race relations. The black experience has affected how other racial minorities have been treated in our history, and illuminates the ways in which America's white majority has viewed racial difference.

Dominance And Diversity: A Risk-Reduction Approach To Free Speech Law, R. George Wright

Valparaiso University Law Review

No abstract provided.

Misappropriation Of Human Eggs And Embryos And The Tort Of Conversion: A Relational View, Judith D. Fischer

Loyola of Los Angeles Law Review

No abstract provided.

Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …

The Anatomy Of American Caste, Bryan K. Fair

Saint Louis University Public Law Review

No abstract provided.

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Michigan Journal of International Law

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

Are Extraterritorial Restrictions On Bribery A Viable Policy Goal Under The Global Conditions Of The Late Twentieth Century? Increasing Global Security By Controlling Transnational Bribery, Philip M. Nichols

Michigan Journal of International Law

This paper argues that global security can no longer be evaluated in the realist terms of the sovereignty of nations, and that global insecurity does not arise merely from a handful of relatively straightforward issues. As an analytical tool, this paper turns instead to the concept of "complex interdependence" put forward by Robert Keohane and Joseph Nye. This paper then demonstrates how transnational bribery damages the quality of transnational relationships, thus endangering global security. The paper concludes by examining empirical observations. Empirically, transnational bribery has contributed significantly to global instability. On the other hand, no empirical observations suggest that extraterritorial …

The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.

Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman

Michigan Journal of International Law

The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?

Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn

Michigan Journal of International Law

This paper aims to present the legal analysis of the rulings by the Panel and, with more emphasis, the Appellate Body in US-Shrimp. Section I briefly reviews general dispute settlement mechanisms provided in international environmental conventions. Section II summarizes the practices regarding Article XX of the GATT in the GATTIWTO dispute settlement systems prior to US-Shrimp. Section III presents the factual background of US-Shrimp case and the legal analysis of several procedural and substantive issues specifically addressed in the Appellate Body report. Section IV examines the remaining issues to be addressed in trade disputes with environmental implication after …

Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry

Law Faculty Articles and Essays

FIRST PARAGRAPH: In the short amount of time that we have together today, I would like to accomplish three tasks. First, I would like to offer a brief overview of what and whom we are talking about when we talk about "maternal-fetal conflicts." Second, I would like to discuss some of the assumptions that are held about the women involved in these "conflicts," with the hope that giving voice to these assumptions might help us better understand why we may be willing to accept the coerced medical treatment of pregnant women, or legal sanctions against pregnant women who refuse treatment …

Fourth Amendment Balancing Act: Special Needs Of Rape Victims Justify Court-Ordered Hiv Testing Of The Accused, Justin P. Runke

Seton Hall Law Review

No abstract provided.

State Of Utah V. Gregory Tucker : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Final Judgment and Order of the Seventh Judicial District Court, Iron County State of Utah, by the Honorable Lyle R. Anderson

Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan

University of Miami Inter-American Law Review

No abstract provided.

Questions Of Intent: Environmental Crimes And Public Welfare Offenses, Lawrence Friedman, H. Hamilton Hackney

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Whistling Dixie: The Invalidity And Unconstitutionality Of Covenants Against Yankees, Alfred L. Brophy, Shubha Ghosh

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Ninth Circuit's Decision In Oregon Natural Desert Association V. Dombeck: Discharging Responsibility For Water Pollution On Federal Lands, Christina Marie Frankino

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Newton County Wildlife Association V. Rogers: Who Is Taking A Hard Look At The Environmental Impact Of Timber Sales, Susan Gedrick Tuozzolo

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Application Of Traditional Personal Jurisidiction Jurisprudence To Cyberspace Disputes, William C. Walter, Deanne M. Mosley

MC Law Review

No abstract provided.

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …

"The Environmental Impacts Of International Finance Corporation Lending And Proposals For Reform: A Case Study Of Conservation And Oil Development In The Guatemalan Petén", Ian A. Bowles, Amy B. Rosenfeld, Cyril F. Kormos, Conrad C.S. Reining, James D. Nations, Thomas T. Ankersen

UF Law Faculty Publications

This Article presents a case study of lending by the International Finance Corporation (IFC), the private-sector lending arm of the World Bank Group, in the oil and gas sector in Guatemala. The case study emphasizes the need for additional environmental reform at IFC. With two separate loans in 1994 and 1996, IFC supported the activities of a small international oil company that was operating within a national park in the northern Guatemalan Petdn, an area of rich tropical forests and globally important wetlands. The company's operations had been "grandfathered"in to the park upon its creation in 1990. Funding from IFC …

Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein

UF Law Faculty Publications

After fifteen years and six billion dollars, the United States still lacks a viable long-term solution to the mounting levels of high-level nuclear waste scattered across the nation in 68 sites. The Nuclear Waste Policy Act of 1982 (“NWPA”) and its 1987 Amendments have driven regulators to approve Yucca Mountain, Nevada, for burial of the 37,000 metric tons of nuclear waste in need of a final resting place. In the NWPA, Congress set January 31, 1998 as the deadline by which the Department of Energy (“DOE”) was to dispose of the utilities' nuclear waste. However, litigation challenges, scientific uncertainty, and …

The Expressive Function Of Succession Law And The Merits Of Non-Marital Inclusion, E. Gary Spitko

Faculty Publications

Intestacy statutes seek to further donative freedom by effectuating the attributed intent of those who fail to execute a valid estate plan during life. One might reasonably hypothesize that gay men and lesbians, on the whole, differ from the non-gay majority with respect to their donative intent. The fundamental difference in romantic and affectional preferences between gay people and non-gay people is likely to produce such a disparate donative intent. Much anecdotal evidence and recent empirical evidence strongly support this hypothesis.

Article II of the Uniform Probate Code presently ignores the existence of gay men and lesbians, despite the drafters' …

Judge Not: In Defense Of Minority-Culture Arbitration, E. Gary Spitko

Faculty Publications

Arbitration can serve as a necessary safe harbor from procedural and substantive cultural bias in the general public courts. Arbitration also can serve as a laboratory for process reforms as cultural minorities attempt to craft rules that better govern their lives than do the purportedly “one size fits all” rules that the majority has crafted. In so allowing cultural minorities to structure their lives and legal disputes in ways that reflect their particular needs, minority-culture arbitration also has great potential for habituating the general public to the realities of the lives of cultural minorities and to the notion that custom-made …

Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang

Cleveland State Law Review

The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …

Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes

Cleveland State Law Review

This article will review the current status of sexual harassment in the military, discuss why courts-martial are ineffective in punishing and deterring sexual harassment, and suggest that permitting sexual harassment claims in a forum other than the military justice system would help deter future sexual harassment in the military at no greater cost to military discipline and preparedness than is inherent in the current system.

H.L.A. Hart And The Hermeneutic Turn In Legal Theory, Brian Bix

SMU Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Machiavelli And A Unified Theory Of Economic Parental Responsibility: A Proposed Statute, Dana E. Prescott

St. Thomas Law Review

The evolution of a unified theory of economic parental responsibility derives from the coupling of modem dislocation of families and its material impact on children. Over the past three decades, the United States and much of Europe have struggled with the economic adjustments created by the dissolution of marriage as a matter of personal right rather than as an exception conferred by society. Divorce by itself, however, does not begin to define the boundaries of the adjustments, as serial relationships, remarriage and the non-marriage of parents create and compound economic uncertainty for children.