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Global Challenges To Statehood: The Increasingly Important Role Of Nongovernmental Organizations, Stephan Hobe Oct 1997

Global Challenges To Statehood: The Increasingly Important Role Of Nongovernmental Organizations, Stephan Hobe

Indiana Journal of Global Legal Studies

No abstract provided.


Ecological Theory And International Relations, Dennis Pirages Oct 1997

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.


Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss Oct 1997

Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss

Indiana Journal of Global Legal Studies

No abstract provided.


Global Responsibilities And Bioethics: Reflections On The Council Of Europe's Bioethics Convention, Eibe Riedel Oct 1997

Global Responsibilities And Bioethics: Reflections On The Council Of Europe's Bioethics Convention, Eibe Riedel

Indiana Journal of Global Legal Studies

No abstract provided.


Landowners Or Lifeguards? Degel V. Majestic Mobile Manor, Inc. And Liability For Visitors' Injuries From Natural Bodies Of Water, Joseph Z. Lell Oct 1997

Landowners Or Lifeguards? Degel V. Majestic Mobile Manor, Inc. And Liability For Visitors' Injuries From Natural Bodies Of Water, Joseph Z. Lell

Washington Law Review

Under an exception to the attractive nuisance doctrine, landowners typically owe no duty to warn and protect trespassing children from the dangers inherent in ponds, streams, and other natural bodies of water located on the owners' property. In Degel v. Majestic Mobile Manor, Inc., however, the Washington Supreme Court declined to extend this premises liability exception to situations where the injured visitor is an invitee of the landowner. This Note examines the natural bodies of water exception and argues that Degel's refusal to apply it in the invitee context ultimately conflicts with the court's earlier policy statement favoring …


We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt Oct 1997

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …


Lost In Space?: The Legal Feasability Of Nuclear Waste Disposal In Outer Space, Robin Dusek Oct 1997

Lost In Space?: The Legal Feasability Of Nuclear Waste Disposal In Outer Space, Robin Dusek

William & Mary Environmental Law and Policy Review

No abstract provided.


The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif Oct 1997

The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif

Dalhousie Law Journal

Through large-scale system restructuring, a number of jurisdictions around the world have adopted a purchaserprovider approach to the funding and delivery of health care services. In this model, a decision-making body, such as a regional board, is provided with a budget to purchase health care services on behalf of, and in response to the identified needs of a defined population. This paper reviews the purchaser provider funding model of the United Kingdom and comments on the impact of this system on the health needs of individuals with disabilities. Generally, the purchaser provider split in the U.K. appears to have resulted …


High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter A. Effross Oct 1997

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter A. Effross

Buffalo Law Review

No abstract provided.


When Is Enough Enough? Reduction To Practice And Summary Judgment During Patent Priority Disputes, R. Douglas Bradley Oct 1997

When Is Enough Enough? Reduction To Practice And Summary Judgment During Patent Priority Disputes, R. Douglas Bradley

Washington Law Review

This Note examines the current U.S. Patent and Trademark Office standards for determining patent priority in an interference proceeding. In particular, this Note reviews and criticizes the procedural rules governing the implementation of summary judgment in an interference. In Schendel v. Curtis, the U.S. Court of Appeals for the Federal Circuit had the opportunity to articulate a clear analytical framework to guide Administrative Patent Judges in the determination of what experimental evidence, and how much of it, a party must present to establish a prima facie showing of reduction to practice. This Note argues that, in an interference proceeding, …


Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham Oct 1997

Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham

University of Michigan Journal of Law Reform

Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.

Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …


Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums Oct 1997

Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums

Vanderbilt Journal of Transnational Law

International drug trafficking looms large in the future of international relations. Although drug production and consumption can no longer be labeled as problems belonging to a few discrete nations, some countries' identities in the international arena are still shaped by their perception as drug-producing nations. Bolivia is one such country. Coca and cocaine have dominated its modern history and will continue to dominate its future. Bolivia's experience, however, is representative of not only other Andean nations' struggles with the drug epidemic, but of the international community's struggle with drug trafficking.

This Note sheds light on the legal tools to address …


Providing For The Common Defense Versus Promoting The General Welfare: The Conflicts Between National Security And National Environmental Policy, Tracey Colton Green Oct 1997

Providing For The Common Defense Versus Promoting The General Welfare: The Conflicts Between National Security And National Environmental Policy, Tracey Colton Green

Southeastern Environmental Law Journal

No abstract provided.


The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall Oct 1997

The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall

Law and Contemporary Problems

Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.


Comparative Risk Analysis: An Informal Survey Of Experts, James Hammitt Oct 1997

Comparative Risk Analysis: An Informal Survey Of Experts, James Hammitt

Duke Environmental Law & Policy Forum

No abstract provided.


Comparative Risk Projects And Their Effects On Decision Making, Jennifer Crawford Oct 1997

Comparative Risk Projects And Their Effects On Decision Making, Jennifer Crawford

Duke Environmental Law & Policy Forum

No abstract provided.


Foreword, Scott L. Silliman Oct 1997

Foreword, Scott L. Silliman

Duke Journal of Comparative & International Law

No abstract provided.


Before The Morning After, Graham T. Allison Oct 1997

Before The Morning After, Graham T. Allison

Duke Journal of Comparative & International Law

No abstract provided.


Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley Oct 1997

Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley

Duke Journal of Comparative & International Law

No abstract provided.


Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen Oct 1997

Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen

Duke Journal of Comparative & International Law

No abstract provided.


Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg Oct 1997

Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg

Duke Journal of Comparative & International Law

No abstract provided.


Policy Considerations In Using Nuclear Weapons, Charles A. Horner Oct 1997

Policy Considerations In Using Nuclear Weapons, Charles A. Horner

Duke Journal of Comparative & International Law

No abstract provided.


A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle Oct 1997

A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle

Duke Law Journal

This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.


Dedication To Professor Ralph W. Johnson, David H. Getches Oct 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …


The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis Oct 1997

The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis

Articles

Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …


Vol. 13, No. 03 (September 8, 1997) Sep 1997

Vol. 13, No. 03 (September 8, 1997)

Indiana Law Annotated

No abstract provided.


Kennewick Man: The Meaning Of Cultural Affiliation And Major Scientific Benefit In The Native American Graves Protection And Repatriation Act, Douglas W. Ackerman Sep 1997

Kennewick Man: The Meaning Of Cultural Affiliation And Major Scientific Benefit In The Native American Graves Protection And Repatriation Act, Douglas W. Ackerman

Tulsa Law Review

No abstract provided.


A Presidential Strikeout, Federalism, Rfra, Standing, And A Stealth Court, Bernard Schwartz Sep 1997

A Presidential Strikeout, Federalism, Rfra, Standing, And A Stealth Court, Bernard Schwartz

Tulsa Law Review

No abstract provided.


Mental Health Experts On Trial: Free Will And Determinism In The Courtroom, Ronald J. Rychlak, Joseph F. Rychlak Sep 1997

Mental Health Experts On Trial: Free Will And Determinism In The Courtroom, Ronald J. Rychlak, Joseph F. Rychlak

West Virginia Law Review

No abstract provided.


Watershed Planning, Barbara J. B. Green, Jon B. Alby Sep 1997

Watershed Planning, Barbara J. B. Green, Jon B. Alby

Water Law Review

No abstract provided.