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Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg Jan 1998

Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg

UC Law Environmental Journal

No abstract provided.


Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere Jan 1998

Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere

UC Law Environmental Journal

No abstract provided.


Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo Jan 1998

Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo

St. Thomas Law Review

In the United States, tobacco products are heavily advertised. Advertising budgets of tobacco companies have increased more than 1,500% between 1970 and 1992. In 1993, $6.2 billion were spent by tobacco companies on advertising and promoting their products. This Comment examines whether the mail fraud statute applies where tobacco consumers read advertising printed in newspapers or magazines mailed to subscribers, in furtherance of the companies' fraudulent scheme. If so, the second element of mail fraud is satisfied, and tobacco company executives may then be held criminally liable for their fraudulent deception of the American public.


Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa Jan 1998

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …


Reflections On The Role Of Nonprofit Associations In A Representative Democracy, Barbara K. Bucholtz Jan 1998

Reflections On The Role Of Nonprofit Associations In A Representative Democracy, Barbara K. Bucholtz

Cornell Journal of Law and Public Policy

No abstract provided.


Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes Jan 1998

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.


Unpacking Package Deals: Separate Spheres Are Not The Answer, Mary Anne Case Jan 1998

Unpacking Package Deals: Separate Spheres Are Not The Answer, Mary Anne Case

Articles

No abstract provided.


Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams Jan 1998

Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams

Articles

No abstract provided.


The Demand For Human Cloning, Richard A. Posner, Eric A. Posner Jan 1998

The Demand For Human Cloning, Richard A. Posner, Eric A. Posner

Articles

No abstract provided.


Against Constitutional Theory, Richard A. Posner Jan 1998

Against Constitutional Theory, Richard A. Posner

Articles

In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …


Shocking Revelations At Hydro-Quebec: The Environmental And Legal Consequences Of The Quebec-New York Power Line, Ian Mark Paregol Jan 1998

Shocking Revelations At Hydro-Quebec: The Environmental And Legal Consequences Of The Quebec-New York Power Line, Ian Mark Paregol

Penn State International Law Review (1982 - 2011)

When parties contract to build the world's largest hydroelectric project, upon whom should the burden fall to mitigate the costs to the environment resulting from the lack of foresight and research into the effects of the projects? In the recent past, society's view has been too myopic to comprehend the importance of the environment to all of humanity in sustaining life. Accordingly, people must participate in the decision-making process of national and international corporations in order to police environmentally deleterious activities.


Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno Jan 1998

Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno

Journal of Health Care Law and Policy

No abstract provided.


Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano Jan 1998

Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano

Journal of Health Care Law and Policy

No abstract provided.


Biological Truths And Legal Fictions, R. Alta Charo Jan 1998

Biological Truths And Legal Fictions, R. Alta Charo

Journal of Health Care Law and Policy

No abstract provided.


The Role Of The World Jewish Restitution Organization And Others In Returning Stolen Assets, Sidney Clearfield Jan 1998

The Role Of The World Jewish Restitution Organization And Others In Returning Stolen Assets, Sidney Clearfield

American University International Law Review

No abstract provided.


In A Dark Time: The Expected Consequences Of An India-Pakistan Nuclear Exchange, Louis René Beres Jan 1998

In A Dark Time: The Expected Consequences Of An India-Pakistan Nuclear Exchange, Louis René Beres

American University International Law Review

No abstract provided.


Intellectual Property In The Americas, Daniel N. Christus, A. José Cortina, Robert E. Wagner, John T. Winburn Jan 1998

Intellectual Property In The Americas, Daniel N. Christus, A. José Cortina, Robert E. Wagner, John T. Winburn

American University International Law Review

No abstract provided.


Using International Law To Fight Child Labor: A Case Study Of Guatemala And The Inter-American System, Jennifer Bol Jan 1998

Using International Law To Fight Child Labor: A Case Study Of Guatemala And The Inter-American System, Jennifer Bol

American University International Law Review

No abstract provided.


International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein Jan 1998

International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein

American University International Law Review

No abstract provided.


Microbialpolitik: Infectious Diseases And International Relations, David P. Fidle Jan 1998

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidle

American University International Law Review

No abstract provided.


United States And Allied Efforts To Recover And Restore Gold And Other Assets Stolen Or Hidden By Germany During World War Ii, Bennett Freeman Jan 1998

United States And Allied Efforts To Recover And Restore Gold And Other Assets Stolen Or Hidden By Germany During World War Ii, Bennett Freeman

American University International Law Review

No abstract provided.


The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin Jan 1998

The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin

Seattle University Law Review

The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.


Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus Jan 1998

Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh Jan 1998

Whitehead's Metaphysics And The Law: A Dialogue, Jay Tidmarsh

Journal Articles

The purposes of this Article are to explore the relationship between Alfred North Whitehead's process philosophy and the nature of law, and to develop from that exploration a theory of "process jurisprudence." To some extent, this Article is a process of interpretation and imagination. Whitehead himself devoted little attention to the nature of law. Therefore, rather than attempting to declare definitively the implications of Whitehead's thought for the nature of law, this Article is structured in the form of a dialogue between "Whitehead" and a lawyer whom I have called "Chris." In Part II, as he discusses his system of …


The Future Of The World Health Organization: What Role For International Law?, David P. Fidler Jan 1998

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate Jan 1998

The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate Jan 1998

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt Jan 1998

Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt

Articles by Maurer Faculty

Building on a model by Anthony Kronman, the author argues that biotechnological researchers searching for valuable cells should occasionally be allowed to deceive research subjects whose cells prove valuable. The wish to preserve proper incentives for these searches justifies this exception to the law's usual abhorrence of deception. The subject's ability to "hold up" the researcher once the subject learns of his cells' value combined with the law's likely refusal to force an unwilling subject to continue his cooperation with the researcher poses risks for biotechnologists that other producers of information do not face and that the right to deceive …


Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler Jan 1998

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully Jan 1998

Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully

UIC Law Review

No abstract provided.