Digital Commons Network^™

Community Participation In Natural Resources Management In Malawi: Charting A New Course For Sustainability, Tracy Dobson

Colorado Environmental Law Journal

No abstract provided.

Negotiating Between Two Convictional Systems, Anver M. Emon

Fordham Law Review

No abstract provided.

The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman

Fordham Law Review

No abstract provided.

The Role Of Corporate Law In French Corporate Governance, James A. Fanto

Cornell International Law Journal

No abstract provided.

Contested Adoption And The Liberty Interest Of The Child, Marcus T. Boccaccini, Eleanor Willlemsen

St. Thomas Law Review

The Supreme Court of the United States has gone to significant lengths to outline an unwed father's rights in adoption cases, but has yet to address the child's rights in similar cases. It is these constitutionally protected rights, which are usually referred to as "liberty interests," that will be discussed in this Article.

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Comparative Analysis Of The United States Patent Law And The New Industrial Property Code Of Brazil, John Giust

UC Law SF International Law Review

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of …

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.

A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz

Michigan Journal of Gender & Law

This Article addresses several aspects of a feminist approach to social scientific evidence, specifically, the interpretive nature of mental states, the feminist attitude toward juries, and the political nature of evidence law.

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …

Upstream Patents = Downstream Bottlenecks, Michael A. Heller, Rebecca S. Eisenberg

Law Quadrangle (formerly Law Quad Notes)

The following text is excerpted from "Can Patents Deter Innovation? The Anticommons in Biomedical Research" and is reprinted with permission from 280 Science 698-701 (May 1998). © 1998 American Association for the Advancement of Science.

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse …

Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien

Scholarly Articles

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and …

Foreword: The ‘Right To Marry’ In The Decisions Of The United States Supreme Court, Robert A. Destro

Scholarly Articles

Given the importance of Loving in American constitutional law, we were somewhat surprised to learn that no commemorative conferences or symposia had been planned to mark the thirtieth anniversary of the decision. We designed our conference, "Law and the Politics of Marriage: Loving v. Virginia After 30 Years," to fill that gap.

The conference was held at The Catholic University of America's Columbus School of Law, 19-21 November 1997, and was co-sponsored by three institutions, each having a unique and abiding interest in the subject matter: The Catholic University of America, the Howard University School of Law, and the J. …

Some Religiously Devout Justices, Civil Religion, And The Culture War, Christopher F. Wolfe

Marquette Law Review

No abstract provided.

Judging Religion, Winnifred Fallers Sullivan

Marquette Law Review

No abstract provided.

Peace In Theory And Practice Under Article 9 Of Japan's Constitution, Lawrence W. Beer

Marquette Law Review

No abstract provided.

Bioethics And The Administration Of Justice, George P. Smith Ii

Faculty Books

This essay is divided into five parts. The first will examine, in broad-brush, bioethics as a discipline, language and political movement. The second explores the politics of morality and the role bioethicists have in assisting with the tasks of judicial decision making. Part three tackles the feasibility of promoting a deliberative democracy within the New Age of Biotechnology. Part four considers forensic or scientific evidence. And, the final section of this essay considers how Elizabeth Taylor, Reva Shane Lewis of the CBS soap opera, "The Guiding Light," Thomas Donaldson and the sheep, "Dolly," shape the contours of this new age …

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …

Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.

Seattle University Law Review

With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …

Deconstructing Hearsay's Structure: Toward A Witness Recollection Definition Of Hearsay, Marilyn J. Ireland

Villanova Law Review (1956 - )

No abstract provided.

Theories And Tropes: A Reply To Posner And Kelman, Cass R. Sunstein, Christine Jolls, Richard H. Thaler

Articles

No abstract provided.

Women, Morality, And Sexual Orientation, Mary E. Becker

Articles

In this Article, Professor Becker argues that heterosexual relationships are more problematic for women than lesbian relationships, particularly when such relationships are viewed in terms of their tendency to objectify the "other." She discusses how current "moral" norms concerning the inferiority of homosexuality to heterosexuality enable men to use women in immoral and subordinating ways. She explores moral taboos against lesbian relationships and asserts that these taboos facilitate heterosexual male exploitation of women's sexuality by obscuring from some women the possibility that they might prefer more equitable relationships with women rather than with men. She argues for greater acceptance of …

Federalism And The Family Reconstructed, Jill Elaine Hasday

Articles

No abstract provided.

Federalism And The Family Reconstructed, Jill Elaine Hasday

Articles

No abstract provided.

Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran

Articles

There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

Articles

No abstract provided.

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Kentucky Law Journal

No abstract provided.

Life Before The Modern Sex Offender Statutes , Deborah W. Denno

Faculty Scholarship

This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …

Medicare Fraud And Abuse And Qui Tam: The Dynamic Duo Or The Odd Couple?, Kaz Kikkawa

Health Matrix: The Journal of Law-Medicine

No abstract provided.