Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 30241 - 30270 of 39165

Full-Text Articles in Entire DC Network

Gibson V. Gibson : Brief Of Appellee, Utah Court Of Appeals Jan 1998

Gibson V. Gibson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


Ricky D. Krambule V. Barbara R. Krambule : Brief Of Appellee, Utah Court Of Appeals Jan 1998

Ricky D. Krambule V. Barbara R. Krambule : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Second Judicial District Court of Weber County, State of Utah The Honorable Michael J. Glasmann, District Court Judge


Fetal Homicide Laws: Shield Against Domestic Violence Or Sword To Pierce Abortion Rights, Alison Tsao Jan 1998

Fetal Homicide Laws: Shield Against Domestic Violence Or Sword To Pierce Abortion Rights, Alison Tsao

UC Law Constitutional Quarterly

Under the common law, the intentional killing of a fetus by a party other than the pregnant woman did not constitute murder. A child had to be born alive for homicide statutes to apply. The primitive state of medicine during the common law period necessitated this "born alive" rule because doctors could not determine whether a fetus was capable of independent existence before the baby was born. Nor could doctors accurately determine the cause of death of a fetus. The present sophistication of the medical profession has largely removed the difficulties in determining the exact stage of fetal development and …


A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer Jan 1998

A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer

Faculty Publications

This article expands upon Professor Mercer's previous discussion of the efficacy of the primary caretaker standard in West Virginia.


Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells Jan 1998

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …


An Old Jurisprudence: Respect In Retrospect, Anita Bernstein Jan 1998

An Old Jurisprudence: Respect In Retrospect, Anita Bernstein

Faculty Scholarship

No abstract provided.


The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin Jan 1998

The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin

Faculty Scholarship

No abstract provided.


The Role Of Corporate Law In French Corporate Governance, James A. Fanto Jan 1998

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

Faculty Scholarship

No abstract provided.


Hard Cases Making Bad Law: The Need For Revision Of The Indian Child Welfare Act, Christine Metteer Jan 1998

Hard Cases Making Bad Law: The Need For Revision Of The Indian Child Welfare Act, Christine Metteer

Santa Clara Law Review

No abstract provided.


Balancing Species Protection With Tribal Sovereignty: What Does The Tribal Rights-Endangered Species Order Accomplish, Carl H. Johnson Jan 1998

Balancing Species Protection With Tribal Sovereignty: What Does The Tribal Rights-Endangered Species Order Accomplish, Carl H. Johnson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Several Futures Of Property: Of Cyberspace And Folk Tales, Emission Trades And Ecosystems, Carol M. Rose Jan 1998

The Several Futures Of Property: Of Cyberspace And Folk Tales, Emission Trades And Ecosystems, Carol M. Rose

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


One Child, One Vote: Proxies For Parents, Jane Rutherford Jan 1998

One Child, One Vote: Proxies For Parents, Jane Rutherford

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Patricia A. King, Leslie E. Wolf Jan 1998

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Patricia A. King, Leslie E. Wolf

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The New Gender Panic: Reflections On Sex Scandals And The Military, Martha Chamallas Jan 1998

The New Gender Panic: Reflections On Sex Scandals And The Military, Martha Chamallas

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Writing Different Lyrics To The Same Old Tune: The New (And Improved) 1997 Amendments To The Marine Mammal Protection Act, Diedre Mcgrath Jan 1998

Writing Different Lyrics To The Same Old Tune: The New (And Improved) 1997 Amendments To The Marine Mammal Protection Act, Diedre Mcgrath

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long Jan 1998

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Chemical Weapons Convention: Political And Constitutional Issues, Ronald D. Rotunda Jan 1998

The Chemical Weapons Convention: Political And Constitutional Issues, Ronald D. Rotunda

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Playing Noah, John Copeland Nagle Jan 1998

Playing Noah, John Copeland Nagle

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Clio At The Bar: A Guide To Historical Method For Legists And Jurists, Buckner F. Melton Jr. Jan 1998

Clio At The Bar: A Guide To Historical Method For Legists And Jurists, Buckner F. Melton Jr.

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld Jan 1998

Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld

Law Faculty Scholarly Articles

In this Article, Nicole Huberfeld examines recent changes in the welfare system, and considers whether these changes are consistent with the stated goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Turning to the history of “workfare,” Huberfeld reveals parallels between the reasoning of its proponents, and that of eugenicists. She argues that workfare mirrors eugenics theory because its proponents are imposing particular white, middleclass values upon the poor as a condition to providing them benefits: Through her comparison of workfare and eugenics, Huberfeld cautions against legislation that seeks to regulate the private conduct and personal decisions …


Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation Jan 1998

Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation

Richmond Public Interest Law Review

Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …


College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim Jan 1998

College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim

Michigan Journal of Race and Law

A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William Bowen


Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau Jan 1998

Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau

Michigan Journal of Race and Law

The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase "Whiteness" from their King. The author exposes the irony of this system, developed in a society obsessed with "natural" ordering that labeled individuals according to their precise racial ancestry. While recognizing that the Gracias al Sacar provided opportunities for advancement and an avenue for material and social struggle, the author argues that it also justified the persistence of racial hierarchy. The Article concludes that the Gracias al Sacar, along with their present-day …


What Hath (Not) Chakrabarty Wrought: From The Mouse That Roared To Hello Dolly And Beyond, Geri J. Yonover Jan 1998

What Hath (Not) Chakrabarty Wrought: From The Mouse That Roared To Hello Dolly And Beyond, Geri J. Yonover

Valparaiso University Law Review

No abstract provided.


Public Reason, Abortion, And Cloning, John Finnis Jan 1998

Public Reason, Abortion, And Cloning, John Finnis

Valparaiso University Law Review

No abstract provided.


Cloning Endangered Animal Species?, Robert F. Blomquist Jan 1998

Cloning Endangered Animal Species?, Robert F. Blomquist

Valparaiso University Law Review

No abstract provided.


Legal Responses To The Potential Cloning Of Human Beings, Heidi Forster Jan 1998

Legal Responses To The Potential Cloning Of Human Beings, Heidi Forster

Valparaiso University Law Review

No abstract provided.


Human Cloning And The Constitution, Clarke D. Forsythe Jan 1998

Human Cloning And The Constitution, Clarke D. Forsythe

Valparaiso University Law Review

No abstract provided.


Regulation Of Human Cloning: Implication For Biotechnological Advancement, Michael J. Mcdaniel Jan 1998

Regulation Of Human Cloning: Implication For Biotechnological Advancement, Michael J. Mcdaniel

Valparaiso University Law Review

No abstract provided.