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Interdependency Theory - Old Sausage In A New Casing: A Response To Professor Czapanskiy, John Dewitt Gregory Jan 1999

Interdependency Theory - Old Sausage In A New Casing: A Response To Professor Czapanskiy, John Dewitt Gregory

Santa Clara Law Review

No abstract provided.


Interdependencies, Families, And Children, Karen Czapanskiy Jan 1999

Interdependencies, Families, And Children, Karen Czapanskiy

Santa Clara Law Review

No abstract provided.


The Missing Piece Of The Custody Puzzle: Creating A New Model Of Parental Partnership, June Carbone Jan 1999

The Missing Piece Of The Custody Puzzle: Creating A New Model Of Parental Partnership, June Carbone

Santa Clara Law Review

No abstract provided.


Thursday's Child: Litigation Over Possession Of Cryopreserved Embryos As A Call For Legislation, Jennifer Hodges Jan 1999

Thursday's Child: Litigation Over Possession Of Cryopreserved Embryos As A Call For Legislation, Jennifer Hodges

Santa Clara Law Review

No abstract provided.


Count The Brown Faces: Where Is The "Family" In The Family Law Of Child Protective Services, Ana M. Novoa Jan 1999

Count The Brown Faces: Where Is The "Family" In The Family Law Of Child Protective Services, Ana M. Novoa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Jayni Searle V. Boyd Searle : Brief Of Appellant, Utah Court Of Appeals Jan 1999

Jayni Searle V. Boyd Searle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A FINAL ORDER OF THE THIRD DISTRICT COURT, HONORABLE TIMOTHY HANSON PRESIDING


Timothy Sanchez V. Laura Fluhman, Paige Parsons And Sidneylaken Fluhman : Reply Brief, Utah Court Of Appeals Jan 1999

Timothy Sanchez V. Laura Fluhman, Paige Parsons And Sidneylaken Fluhman : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment of the Second Judicial District Court of Davis County, State of Utah Honorable Thomas L. Kay


International Environmental Litigation And Its Future, Philippe Sands Jan 1999

International Environmental Litigation And Its Future, Philippe Sands

University of Richmond Law Review

The subject of international environmental law is relatively new. The subject was certainly not taught when the University of Richmond School of Law was established in 1870, even if early international law texts before that period did indicate a nascent concern for the issues of fisheries conservation and the use of international rivers. The late part of the last century and the early part of this one recognized a world in which international law could be divided, rather simply, between the law of peace and the law of war. It was a world with few international courts and tribunals in …


University Of Richmond Law Review Index Jan 1999

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1999

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

In its 1999 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in its 1999 Session. In addition, there were eleven Supreme Court of Virginia opinions and one Bankruptcy Court opinion in the period covered by this review that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1999

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …


The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole Jan 1999

The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Are You My Mother: The Legal Obstacles Of Assisted Reproductive Technology, Rena Deutscher Jan 1999

Are You My Mother: The Legal Obstacles Of Assisted Reproductive Technology, Rena Deutscher

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Has The Chevron Doctrine Run Out Of Gas - Senza Ripieni Use Of Chevron Deference Or The Rule Of Lenity, Patricia G. Chapman Jan 1999

Has The Chevron Doctrine Run Out Of Gas - Senza Ripieni Use Of Chevron Deference Or The Rule Of Lenity, Patricia G. Chapman

MC Law Review

No abstract provided.


The Role Of The Defense Attorney In Mitigating The Nonviolent Youthful Offender And Locating The Appropriate Alternative Sentence, Vicki L. Gilliam Jan 1999

The Role Of The Defense Attorney In Mitigating The Nonviolent Youthful Offender And Locating The Appropriate Alternative Sentence, Vicki L. Gilliam

MC Law Review

Mississippi Focus


Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes Jan 1999

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …


Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin Jan 1999

Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band Jan 1999

The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band

Hofstra Labor & Employment Law Journal

No abstract provided.


"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks Jan 1999

"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks

American University Law Review

No abstract provided.


Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston

Journal Publications

In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …


No Human Cloning: A Social Ethics Perspective, Lisa Sowle Cahill Jan 1999

No Human Cloning: A Social Ethics Perspective, Lisa Sowle Cahill

Hofstra Law Review

No abstract provided.


Cloning: Ethics And Public Policy, R. Alta Charo Jan 1999

Cloning: Ethics And Public Policy, R. Alta Charo

Hofstra Law Review

No abstract provided.


Cloning: A Business Without Regulation, Emily Marden, Dorothy Nelkin Jan 1999

Cloning: A Business Without Regulation, Emily Marden, Dorothy Nelkin

Hofstra Law Review

No abstract provided.


"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg Jan 1999

"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg

Hofstra Law Review

No abstract provided.


An Essay On Women And Intellectual Property Law: The Challenges Faced By Female Attorneys Pursuing Careers In Intellectual Property, Kara Hagen Jan 1999

An Essay On Women And Intellectual Property Law: The Challenges Faced By Female Attorneys Pursuing Careers In Intellectual Property, Kara Hagen

Santa Clara High Technology Law Journal

No abstract provided.


Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain Jan 1999

Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain

Faculty Scholarship

This Symposium offers an occasion to pursue two important tasks: (1) identifying normative and constitutional foundations for an affimnative governmental responsibility to engage in a "formative project" that would foster persons' capacities for democratic and personal self-government;' and (2) exploring the mix of normative and empirical inquiries necessary to shape the proper goals and parameters of such a project. These tasks are relevant to my larger project of attempting to develop a synthetic, or feminist and liberal, normative account of rights, responsibilities, and governmental promotion of good, self-governing lives.2 That account argues for governmental responsibility to foster the preconditions for …


Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin Jan 1999

Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Faculty Scholarship

Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."2 In …


Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh Jan 1999

Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh

Faculty Scholarship

From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.


Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien Jan 1999

Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien

Faculty Scholarship

Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …


Waste And Longing: The Legal Status Of Placental Blood Banking, George J. Annas Jan 1999

Waste And Longing: The Legal Status Of Placental Blood Banking, George J. Annas

Faculty Scholarship

Waste is not always what it seems. In his Cold War novel Underworld, for example, Don DeLillo explores the multifaceted qualities of waste. “Waste,” he notes, “is the secret history, the underhistory, the way archaeologists dig out the history of early cultures, every sort of bone and broken tool, literally from under the ground.”1 And waste can also be transformed into money:

They are trading garbage in the commodity pits in Chicago. They are making synthetic feces in Dallas. You can sell your testicles to a firm in Russia that will give you four thousand dollars and then remove …