Digital Commons Network^™

Cloning Freedom: Criminalization Or Empowerment In Reproductive Policy?, Robert C.L. Moffat

Valparaiso University Law Review

No abstract provided.

Resistance And Meaning: Religious Communities And Human Cloning, Courtney S. Campbell

Valparaiso University Law Review

No abstract provided.

Cloning Humans: Dangerous, Unjustifiable, And Genuinelyimmoral, Daniel R. Heimbach

Valparaiso University Law Review

No abstract provided.

The Wisdom Of Repugnance: Why We Should Ban The Cloning Of Humans, Leon R. Kass

Valparaiso University Law Review

No abstract provided.

Cloning In Protestant Perspective, Gilbert Meilaender

Valparaiso University Law Review

No abstract provided.

Cloning, Families, And The Reproductin Of Persons, James Lindemann Nelson

Valparaiso University Law Review

No abstract provided.

The Ethics Of Human Cloning And The Fate Of Science In A Democratic Society, Kenneth D. Pimple

Valparaiso University Law Review

No abstract provided.

Human Reproduction By Cloning In Theological Perspective, Kurt A. Richardson

Valparaiso University Law Review

No abstract provided.

Cloning, Genetic Engineering, And The Limits Of Procreative Liberty, Maura A. Ryan

Valparaiso University Law Review

No abstract provided.

Human Cloning: Religious And Ethical Issues, Thomas A. Shannon

Valparaiso University Law Review

No abstract provided.

Premenstrual Dysphoric Disorder As A Mitigating Factor In Sentencing: Following The Lead Of English Criminal Courts, Nicole R. Grose

Valparaiso University Law Review

No abstract provided.

Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein

Faculty Scholarship

This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …

Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia

Michigan Journal of International Law

This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.

Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs

Seattle University Law Review

The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.

The State Of Utah V. Wendell Navanick : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Illegal Possession/Use of a Controlled Substance, a third degree felony, in violation of Utah Code Ann. § 57-38-8(2) (a) (i) (Supp. 1998), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Tyrone E. Medley, Judge, presiding.

American Family Law: History -- Whostory, Ana M. Novoa

Faculty Articles

Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.

Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …

Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven

Cleveland State Law Review

The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo

Cleveland State Law Review

This note will explain why the Ohio legislature should change the current law regarding grandparent visitation following the adoption of their grandchildren. This note will first explore the way that Ohio looked at the issue of grandparent visitation following the adoption of their grandchildren prior to the Ohio Supreme Court decisions in Ridenour and Martin. Then this note will examine the decisions in Ridenour and Martin. Next this note will discuss other states' laws which allow grandparent visitation following a stepparent adoption. Finally, this note will examine some of the studies and commentaries which suggest that grandparent visitation following stepparent …

Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson

Cleveland State Law Review

This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie

Theses and Dissertations

Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.

Foreword, Herbert P. Wilkins

Hofstra Law Review

No abstract provided.

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

Faculty Publications By Year

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …

The International Criminal Court: History, Development And Status, J. Holmes Armstead Jr.

Santa Clara Law Review

No abstract provided.

The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner

Santa Clara Law Review

No abstract provided.

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

Faculty Publications By Year

No abstract provided.

The Right Of Publicity On The Internet, Cristina Fernandez

Marquette Sports Law Review

No abstract provided.