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Looking For A Solution: Determining Fetal Status For Prenatal Drug Abuse Prosecutions, Sarah Letitia Kowalski Jan 1998

Looking For A Solution: Determining Fetal Status For Prenatal Drug Abuse Prosecutions, Sarah Letitia Kowalski

Santa Clara Law Review

No abstract provided.


Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone Jan 1998

Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone

Santa Clara Law Review

No abstract provided.


The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii Jan 1998

The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii

Santa Clara Law Review

No abstract provided.


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.


Randy Moon V. Career Service Review Board, And The Utah Department Of Natural Resources : Brief Of Appellant, Utah Court Of Appeals Jan 1998

Randy Moon V. Career Service Review Board, And The Utah Department Of Natural Resources : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPELLANT'S BRIEF


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

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

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MODIFIED DECREE OF DIVORCE AND FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER ON MOTION FOR SUMMARY JUDGMENT ENTERED BY THE SECOND JUDICIAL DISTRICT COURT FOR DAVIS COUNTY, STATE OF UTAH, HONORABLE DARWIN C. HANSEN, PRESIDING


Timothy Sanchez V. Laura Fluhman, Paige Parsons, And Sidney Laken Fluhman : Brief Of Appellee, Utah Court Of Appeals Jan 1998

Timothy Sanchez V. Laura Fluhman, Paige Parsons, And Sidney Laken Fluhman : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE AN APPEAL FROM THE SECOND DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE THOMAS L. KAY, PRESIDING


State Of Utah V. Travis D. Widdison : Reply Brief, Utah Court Of Appeals Jan 1998

State Of Utah V. Travis D. Widdison : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM JURY VERDICT FROM THE FOURTH JUDICIAL DISTRICT COURT &F MILLARD COUNTY, STATE OF UTAH, THE HONORABLE ANTHONY W. SCHOFIELD


Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse Jan 1998

Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse

Oklahoma Law Review

No abstract provided.


Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel Jan 1998

Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel

University of Richmond Law Review

This article reviews the key environmental developments at the federal and state levels during the period from June 1996 to June 1998. Legislation and judicial decisions are presented topically. Certain issues, such as public participation and environmental justice, are playing an increasing role and will likely impact all media.


Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss Jan 1998

Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss

University of Richmond Law Review

Until recently, little attention has been given to whether states and other actors comply with the agreements they negotiate. The assumption has been that most states comply with most international law most of the time. There is, however, strong reason to question this assumption. As was apparent in the Breard case, which involved implementation and compliance with the consular convention, states do not necessarily comply with the international agreements they join, particularly when they involve implementation at the provincial/state and local levels.


Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych Jan 1998

Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych

University of Richmond Law Review

Not all blood cells are created equal. Some are born, carry out their appointed tasks-red blood cells oxygenating the blood, white blood cells fighting infection-and die. But an elusive subset have special properties: they are the progenitors of all the many types of peripheral (circulatory) blood cells, and as such, they have the potential to reconstitute an entire blood supply. Known as hematopoietic stem cells, these blood cells reproduce indefinitely. For patients with leukemia or other blood diseases, the transplantation of hematopoietic stem cells from another person's bone marrow can provide the gift of life.


State Of Utah, S.O., J.O., C.K. V. Honorable Charles D. Behrens State Of Utah, Division Of Child And Family Services : Brief Of Respondent, Utah Court Of Appeals Jan 1998

State Of Utah, S.O., J.O., C.K. V. Honorable Charles D. Behrens State Of Utah, Division Of Child And Family Services : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Respondent State of Utah


Sanchez V. Fluhman : Brief Of Appellant, Utah Court Of Appeals Jan 1998

Sanchez V. Fluhman : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky Jan 1998

Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky

University of Richmond Law Review

In June, 1997, the Supreme Court ruled that a constitutional right to assisted suicide exists in neither the Due Process nor the Equal Protection Clauses of the Fourteenth Amendment. But while a federal right does not exist, the Court made it quite clear that the states had ample leeway in which to fashion law on this issue; moreover, the concurring opinions of five Justices strongly implied that, should the states enact legislation that would severely limit end-of-life choices, the Supreme Court would revisit the issue. Far from slamming the door shut on assisted suicide, the Court left it more than …


Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby Jan 1998

Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby

University of Richmond Law Review

The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.


The Rise Of Environmental Law In The Asian Region, Ben Boer Jan 1998

The Rise Of Environmental Law In The Asian Region, Ben Boer

University of Richmond Law Review

In the past three decades, the realm of environmental law in many Western countries, and internationally, has grown from a small baby crying for attention to a full-fledged, articulate adult, participating in a wide variety of international, regional, and national fora concerning the protection of the environment and the management of our natural resources. More recently, in many non-Western countries and especially in Asia, environmental law has begun to enter into adulthood, manifested by significant legislative initiatives, judicial activism and a resulting environmental jurisprudence, and the establishment and growth of environmental and resource management agencies.


Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land Jan 1998

Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young Jan 1998

The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber Jan 1998

Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout Jan 1998

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.


A Method Of Identifying Hazardous Highway Locations Using The Principle Of Individual Lifetime Risk, Paul J. Ossenbruggen Jan 1998

A Method Of Identifying Hazardous Highway Locations Using The Principle Of Individual Lifetime Risk, Paul J. Ossenbruggen

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

Dr. Ossenbruggen presents a scientific framework for identifying hazardous highway locations that may be more easily understood by non-scientists and has potential for comparing highway with other risks to health.


Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr. Jan 1998

Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.

Richmond Journal of Law and the Public Interest

As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.


When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler Jan 1998

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Journal of Law and the Public Interest

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …


Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce Jan 1998

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Journal of Law and the Public Interest

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …


Complexities In Biomedical Decision Making, George P. Smith Ii Jan 1998

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Journal of Law and the Public Interest

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …


Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz Jan 1998

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Hofstra Law Review

This Article examines the appropriate role of attorneys as gate­ keepers to the courts in suits involving recovered memories of child­ hood sexual abuse. Lawsuits brought by adults claiming that they had been sexually abused during childhood, but had forgotten the abuse until it emerged sometime later, are a relatively recent phenomenon. They surfaced only after the "discovery" of childhood sexual abuse and its construction as a social problem in the 1970s and 1980s and became feasible only when the legal system responded by extending the statutes of limitations applicable to such cases. Although many highly­ publicized cases have involved …


The Cassandra Complex: An Employer's Dilemma In The Genetic Workplace, Joanne Seltzer Jan 1998

The Cassandra Complex: An Employer's Dilemma In The Genetic Workplace, Joanne Seltzer

Hofstra Law Review

No abstract provided.


Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl Jan 1998

Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl

Fordham International Law Journal

The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …