Digital Commons Network^™

Termination Of Parental Rights: An Additional Sentence For Incarcerated Parents, Steven Fleischer

Seton Hall Law Review

No abstract provided.

Growing Pains: Disputes Surrounding Human Reproductive Interests Stretch The Boundaries Of Traditional Legal Concepts, Gregory A. Triber

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Redefining The Parameters Of Title Vii In Accordance With Equal Protection Standards: The United States Supreme Court's Recognition Of Same-Sex Sexual Harassment As A Form Of Discrimination, Janet Castro

Seton Hall Constitutional Law Journal

No abstract provided.

God And Man In The Yale Dormitories, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Medicare Coverage And Technology Diffusion: Past, Present, And Future, Robin J. Strongin

National Health Policy Forum

This issue brief provides an overview of the Medicare coverage process. Coverage involves deciding whether or not to pay for a particular service or product. This brief examines Medicare's coverage determination process, which includes technology assessment, payment determination, and the demand for evidence. Options for improving the coverage determination process are reviewed.

Environmental Law At Maryland, No. 8, Summer-Fall 1998

Environmental Law at Maryland

No abstract provided.

Resource Law Notes Newsletter, No. 44, Summer Issue, 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Postscript Spring 1998: A Response To Professors Bernstein And Franke , Kathryn Abrams

Cornell Law Review

No abstract provided.

Old Jurisprudence: Respect In Retrospect , Anita Bernstein

Cornell Law Review

No abstract provided.

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …

Regulatory Takings, Supernational Treatment, And The Multilateral Agreement On Investment: Issues Raised By Nongovernmental Organizations, Edward M. Graham

Cornell International Law Journal

No abstract provided.

Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan

Washington International Law Journal

The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.

Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay

All Faculty Scholarship

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …

Workers' Compensation

South Carolina Law Review

No abstract provided.

Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari

Northern Illinois University Law Review

The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.

Tax Implications Of Conservation Easements In South Carolina, Burnett R. Maybank Iii

Southeastern Environmental Law Journal

No abstract provided.

Wetlands Protection-A Goal Without A Statute, Vickie V. Sutton

Southeastern Environmental Law Journal

No abstract provided.

A Business Lawyer Looks At The Internet, John P. Freeman

South Carolina Law Review

No abstract provided.

Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight

Indiana Law Journal

No abstract provided.

Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson

University of Arkansas at Little Rock Law Review

No abstract provided.

New Jurisprudence Of Sexual Harassment , Kathryn Abrams

Cornell Law Review

No abstract provided.

Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke

Cornell Law Review

No abstract provided.

Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter

Indiana Law Journal

No abstract provided.

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.

A Report To Alumni & Friends - Issue No. 67, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Colleen Khoury Selected as Dean of the Law School
• 1997 Annual Fund Report of Giving
• 1998 Law School Commencement
• Dean Zillman’s Final Report
• Professor Scott Gould Joins Faculty

Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito

Northern Illinois University Law Review

The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.

Gender Inequality In In Vitro Fertilization: Controlling Women's Reproductive Autonomy, Melissa E. Fraser

City University of New York Law Review

No abstract provided.

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …

The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers

Journal Articles

Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …