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The Opinion Volume 38 Number 9 – February 23, 1998, The Opinion Feb 1998

The Opinion Volume 38 Number 9 – February 23, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 23, 1998


Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon Feb 1998

Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The continued existence vernal pools and other sensitive environmental areas greatly depends upon local and state land use decisions. Practices such as Euclidian Zoning, where land uses are separated into different districts, usually fail to account for the protection of these sensitive areas. However, local governments in New York, using implied municipal power created by state legislation, have a variety of land use tools to help alleviate the destruction of environmentally sensitive areas. These tools include: overlay zoning, incentive zoning, conservation easements, floating zones, and transferring development rights. By using these tools within a well-integrated strategy, New York communities can …


The Forum (Volume 28, Number 5), Valparaiso University School Of Law Feb 1998

The Forum (Volume 28, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


Weapons Of Mass Destruction: A Psychological Commentary, Ibpp Editor Feb 1998

Weapons Of Mass Destruction: A Psychological Commentary, Ibpp Editor

International Bulletin of Political Psychology

This article describes a comprehensive approach to identifying psychological consequences of weapons of mass destruction, as well as psychological methods that can be employed to influence these consequences. This description should be viewed in the context of the quest to achieve political objectives that underlie military intervention and its threat.


Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School Feb 1998

Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School

Res Gestae

•No, We Ain't Got No Computers •Six Faculty Offers Extended •A Dated Look at the Winter Graduation Ceremonies •Is William Cook Spinning in his Grave? •Bruce Manning v. Responsibility •Spice Girls v. Dignity •Larry v. Ronald McDonald •Rick v. Discretion •Campus Response to Affirmative Action Lawsuit


Politics And Plurality In A Lawyer's Choice Of Clients: The Case Of Stropnicky V. Nathanson, Steve Berenson Feb 1998

Politics And Plurality In A Lawyer's Choice Of Clients: The Case Of Stropnicky V. Nathanson, Steve Berenson

San Diego Law Review

In attempting to ensure equal access to public goods, the law of public accommodation treats private, commercial, and political associations under different standards. Using Stropnicky v. Nathanson, this article analyzes a claimant's interest of equal access to an attorney against an attorney's freedom of association. Attorney Nathanson was sanctioned for refusing to provide representation to Mr. Stropnicky. The policy of Nathanson's law practice, however, was to not represent male clients in divorce proceedings. The author argues that her policy should be considered as political, rather than commercial, activity and accorded greater deference than applied by the U.S. Supreme Court. The …


Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley Feb 1998

Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley

Louisiana Law Review

No abstract provided.


War Crimes In The Persian Gulf, Howard Levie Feb 1998

War Crimes In The Persian Gulf, Howard Levie

International Law Studies

Also published in 1996 Saint Louis-Warsaw Transatlantic LawJournal 153


The Law Of War Since 1949, Howard Levie Feb 1998

The Law Of War Since 1949, Howard Levie

International Law Studies

This article was first published in 34 Revue de Droit Militaire et de Droit de la Guerre 73 (1995).


Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard Levie Feb 1998

Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard Levie

International Law Studies

Also published in 68 Saint John's University Law Review 643 (1994)


Full Volume 70: Professor Howard Levie And The Law Of War Feb 1998

Full Volume 70: Professor Howard Levie And The Law Of War

International Law Studies

No abstract provided.


Nuclear, Chemical, And Biological Weapons, Howard Levie Feb 1998

Nuclear, Chemical, And Biological Weapons, Howard Levie

International Law Studies

Also published in The Law of Naval Operations 331 (Naval War College International Law Studies No. 64, Horace B. Robertson ed., 1991)


Weapons Of Warfare, Howard Levie Feb 1998

Weapons Of Warfare, Howard Levie

International Law Studies

Also published in Law and Responsibility in Waifare 153 (Peter D. TroobojJ ed., 1975)


Some Major Inadequacies In The Existing Law Relating To The Protection Of Individuals During Armed Conflict, Howard Levie Feb 1998

Some Major Inadequacies In The Existing Law Relating To The Protection Of Individuals During Armed Conflict, Howard Levie

International Law Studies

First published in When Battle Rages, How Can Law Protect? 7 14th Hammarskjold Forum, John Carey ed., 1971


Enforcing The Third Geneva Convention On The Humanitarian Treatment Of Prisoners Of War, Howard Levie Feb 1998

Enforcing The Third Geneva Convention On The Humanitarian Treatment Of Prisoners Of War, Howard Levie

International Law Studies

First published in 7 United States Air Force Academy Journal of Legal Studies 37 (1997)


Criminality In The Law Of War, Howard Levie Feb 1998

Criminality In The Law Of War, Howard Levie

International Law Studies

First published in 1 International Criminal Law 233 (M. CherifBassiouni ed.) 1986)


Introduction (Volume 70) Feb 1998

Introduction (Volume 70)

International Law Studies

No abstract provided.


Table Of Contents (Volume 70) Feb 1998

Table Of Contents (Volume 70)

International Law Studies

No abstract provided.


Index (Volume 70) Feb 1998

Index (Volume 70)

International Law Studies

No abstract provided.


Racial Disparities In The Delivery Of Health Care, Barbara A. Noah Feb 1998

Racial Disparities In The Delivery Of Health Care, Barbara A. Noah

San Diego Law Review

This article focuses on the role of conscious and unconscious bias in the delivery of health care. Racial disparities of a range of health care services are illustrated, including drug therapy, Medicare services, and organ transplantation. Methodological challenges to measuring such disparities are also addressed, as are sociological factors influencing disparities. Statutory and constitutional remedies are suggested to redress inequities. The author concludes, however, prospective approaches, such as regulation and education, are the most promising avenues to solving racial disparities in health care delivery.


Vol. 14, No. 01 (January 12, 1998) Jan 1998

Vol. 14, No. 01 (January 12, 1998)

Indiana Law Annotated

No abstract provided.


The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover Jan 1998

The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover

ILSA Journal of International & Comparative Law

"If you're a scientist, you believe that it is good to find out how the world works; that it is good to find what the realities are; that it is good to turn over to mankind at large the greatest possible power to control the world…”

- Robert Oppenheimer on the Manhattan Project


The Convention On The Rights Of The Child: The Necessity Of Adding A Provision To Ban Child Marriages, Ladan Askari Jan 1998

The Convention On The Rights Of The Child: The Necessity Of Adding A Provision To Ban Child Marriages, Ladan Askari

ILSA Journal of International & Comparative Law

The United Nations Convention on the Rights of the Child [hereinafter "CRC"], adopted on November 20, 1989 is considered by many to be a comprehensive treaty


Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks Jan 1998

Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks

Faculty Scholarship

Asians often take a middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians and …


Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen Jan 1998

Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen

College of Law - Faculty Scholarship

Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …


Managing The Iatrogenic Risks Of Risk Management, Jonathan Baert Wiener Jan 1998

Managing The Iatrogenic Risks Of Risk Management, Jonathan Baert Wiener

RISK: Health, Safety & Environment (1990-2002)

Analogizing to concerns that led the practice of medicine to shift from a specialist to a team-based approach, Dr. Wiener suggests that public and environmental health objectives would be better served if, e.g., regulatory jurisdiction were less atomized.


Lagging Behind The Times: Parenthood, Custody, And Gender Bias In The Family Court, Cynthia A. Mcneely Jan 1998

Lagging Behind The Times: Parenthood, Custody, And Gender Bias In The Family Court, Cynthia A. Mcneely

Florida State University Law Review

No abstract provided.


Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 1998, University Of Colorado Boulder. Natural Resources Law Center Jan 1998

Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 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.


Using A "Brief Case Plan" Method To Reconcile Kinship Rights And The Best Interests Of The Child When An Unwed Father Contests A Mother's Decision To Place An Infant For Adoption, Cheryl Ryon Eisen Jan 1998

Using A "Brief Case Plan" Method To Reconcile Kinship Rights And The Best Interests Of The Child When An Unwed Father Contests A Mother's Decision To Place An Infant For Adoption, Cheryl Ryon Eisen

Nova Law Review

No abstract provided.


In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans Jan 1998

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …