Digital Commons Network^™

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 …

---

Go to article

Stem Cell Politics, Ethics And Medical Progress, George J. Annas, Arthur Caplan, Sherman Elias

Faculty Scholarship

Controversy over how to fund and regulate stem cell research continues in the US and is unlikely to be resolved anytime soon. The National Institutes of Health (NIH) has announced that it is prepared to fund stem cell research under yet-to-be-specified guidelines. The National Bioethics Advisory Commission (NBAC) issued a report on stem cells in mid-September, recommending that Congress change the law to permit the derivation and use of stem cells from embryos no longer needed for reproduction purposes that are stored at in vitro fertilization (IVF) clinics. The NBAC also recommended that the Department of Health and Human Services …

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Pigeonholing Illness: Medical Diagnosis As A Legal Construct, Lars Noah

UC Law Journal

Disease definitions and clinical judgments routinely affect coverage and reimbursement decisions by health insurers, the licensing determinations of regulatory agencies charged with reviewing new therapeutic technologies, evidentiary and substantive rulings by the judiciary in personal injury lawsuits and criminal trials, eligibility decisions in disability programs, and the resolution of claims before workers' compensation tribunals. This reliance on the definition and identification of disease by the medical profession fails to appreciate the extent to which our conceptions of illness are socially constructed rather than based on value-neutral scientific data and the application of technical expertise.

Just as social forces shape medical …

Our Straight-Laced Judges: Twenty Years Later, Rhonda R. Rivera

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

Advertising Policies Of Medical Journals: Conflicts Of Interest For Journal Editors And Professional Societies, David Orentlicher

Scholarly Works

No abstract provided.

Dealing With The Weapons Inspections Crisis In Iraq, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Cloning And The Preservation Of Family Integrity, David Orentlicher

Scholarly Works

No abstract provided.

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Scholarly Articles in Law Reviews & Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.

Beyond Backyard Environmentalism, Archon Fung, Charles F. Sabel, Bradley C. Karkkainen

Faculty Scholarship

From California habitats to Massachusetts toxics, the United States is in the midst of a fundamental reorientation of its environmental regulation, one that is as improbable as it is unremarked Minimally, the new forms of regulation promise to improve the quality of our environment At a maximum, they suggest a novel form of democracy that combines the virtues oflocalism and decentraliz.ation with the discipline of national coordination.

In substance and spirit, this new approach to regulation grows out of the tradition of backyard environmentalism. For two decades, residents of Woburn, Love Canal, and countless other communities across the country have …

Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews

Articles & Chapters

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

Articles & Chapters

The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …

Testing For Genetic Traits: The Need For A New Legal Doctrine Of Informed Consent , Elizabeth B. Cooper

Faculty Scholarship

Innovative medical technology has made it possible to test whether you are at increased risk for certain types of cancer. The mere processing of a vial of blood can reveal whether you have a genetic predisposition to develop breast, ovarian, or prostate cancer, or other life-threatening conditions. The Human Genome Project, an international endeavor seeking to map our genetic structures, has facilitated this increasing ability to test for genetic flaws. It is expected that as the human genetic map is filled in, and as flaws in our fundamental building blocks are identified, there will be a concomitant drive to test …

Russian Nuclear Dumping: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Mommy's Gone, Daddy's In Prison, Now What About Me - Family Reunification For Children Of Single Custodial Fathers In Prison - Will The Sins Of The Incarcerated Fathers Be Inherited By Their Children, William Wesley Patton

North Dakota Law Review

No abstract provided.

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

Law's Territory (A History Of Jurisdiction), Richard T. Ford

Michigan Law Review

Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.

Touro Law Review

No abstract provided.

Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti

Touro Law Review

No abstract provided.

Substantive Due Process, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Litigation Strategies: The Rights Of Homosexuals To Adopt Children, Stella Lellos

Touro Law Review

No abstract provided.

Relevance, Reliability, And Validity Of Scientific Evidence (Reviewing Judging Science: Scientific Knowledge And The Federal Courts, By Kenneth R. Foster & Peter W. Huber), Robert Timothy Reagan

Oklahoma Law Review

No abstract provided.