Digital Commons Network^™

From Exemptions Of Christian Science Sanatoria To Persons Who Engage In Healing By Spirtual Means: Why Children's Healthcare V. Vladeck Necessitates Amending The Social Security Act, Danyll Foix

Minnesota Journal of Law & Inequality

No abstract provided.

Law And The Coming Environmental Catastrophe, Bruce Ledewitz, Robert D. Taylor

William & Mary Environmental Law and Policy Review

No abstract provided.

Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern

William & Mary Environmental Law and Policy Review

No abstract provided.

The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover

William & Mary Environmental Law and Policy Review

No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne Lorraine Schroeder

Washington and Lee Law Review

No abstract provided.

Lacan And The Subject Of Law: Sexuation And Discourse In The Mapping Of Subject Positions That Give The Ur-Form Of Law, Ellie Ragland

Washington and Lee Law Review

No abstract provided.

Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg

University of Michigan Journal of Law Reform

Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …

Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo

William & Mary Law Review

No abstract provided.

A Multidimensional Look At The Gender Crisis In The Correctional System, Marya P. Mcdonald

Minnesota Journal of Law & Inequality

No abstract provided.

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program including Law School awards

Touchable Untouchables, Ibpp Editor

International Bulletin of Political Psychology

With Mexican antidrug efforts as the context, this article describes some psychological impediments to developing and maintaining a trustworthy law enforcement cadre.

Feminist Jurisprudence: Justice And Care, Sherrine M. Walker, Christopher D. Wall

Brigham Young University Journal of Public Law

No abstract provided.

Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall

Brigham Young University Journal of Public Law

No abstract provided.

Choosing Ignorance In The Manufacture Of Toxic Products , Wendy E. Wagner

Cornell Law Review

No abstract provided.

The Hidden Costs Of The Progressivity Debate, Nancy C. Staudt

Vanderbilt Law Review

Progressive taxation-taxing high income individuals at a proportionally higher level than low income individuals-has sparked more than a century of controversy. Those who support progressive taxation have heralded it as a policy that promotes the greatest good for the greatest number in society protects traditional democratic values, reflects the communitarian world-view of women who see themselves as responsible for the well-being of all individuals, and reveals the "aesthetic judgment" that income inequality is "distinctly evil or unlovely." At the same time, critics have condemned progressive income taxation as social policy that amounts to theft and involuntary servitude, reflects the democratic …

The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst

Brigham Young University Journal of Public Law

No abstract provided.

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.

Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price

William & Mary Bill of Rights Journal

In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.

Legal Writing As A Kind Of Philosophy, Joel R. Cornwell

Mercer Law Review

Post-structuralist theories of textual meaning have been integrated into legal education in various ways, notably through the influence of the Critical Legal Studies movement. Ironically, legal writing courses, the portion of the first-year curriculum ostensibly allotted to techniques of dissecting and manipulating language, have largely ignored the insights of analytical philosophy and literary deconstruction indirectly appropriated in other courses. The standard models remain algorithmic, reinforcing a conservative view of writing as an applied lexigraphic skill, essentially void of the substance taught in nonwriting courses. This conceptual disjunction between writing and thought engenders and feeds the attitude that legal writing courses …

Panel Discussion: The First Amendment In Cyberspace: Use Of The Internet In The College Community, Robert M. O'Neil

Northern Illinois University Law Review

Mr. Robert M. O'Neil, Moderator. Participants: Mr. George Shur, Rep. David Wirsing, Prof. Thomas Peters, Prof. Lois Self, Ms. Jaime Jordan, Prof. A. Samuel Oddi, Prof. James Thomas

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Genetic Discrimination: Legislation Required To Keep Genetic Secrets, Burk Burnett

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Paradigm Shift In Legal Education: Preparing Law Students For The Twenty-First Century: Teaching Foreign Law, Culture, And Legal Language Of The Major U.S. American Trading Partners, Gloria M. Sanchez

San Diego Law Review

Globalization of the world markets is the impetus behind this Article's call to law schools to include elective courses in transnational practice. Based on the denationalization of markets, laws and politics, the author argues that law schools should provide specialized courses in foreign law, taught in their domestic language, so that students are trained in the basic legal structures of other nations. Because of the creation of the North American Free Trade Agreement (NAFTA) the author recommends courses in Mexican law, culture, and Spanish legal language in U.S. law schools. The author also explains why understanding law in the context …

Human Cloning — Should The United States Legislate Against It, George J. Annas, John Robertson

Faculty Scholarship

Two weeks after Scottish researcher Ian Wilmut told the world in February that he had cloned an adult sheep, he went before the U.S. Senate to say that cloning humans would be unethical and "quite inhumane." He warned Congress, however, against acting rashly to adopt legislation that might stifle biological research.

Unlike Britain, Spain, Germany and Denmark, the United States has no national law that bans the cloning of humans, although President Clinton has ordered a ban on federal funding for human-cloning experiments. Whether there should be a legal ban is one issue before a presidential advisory panel.

As a …

United States V. Virginia's New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting, And Title Vii, Candace S. Kovacic-Fleischer

Vanderbilt Law Review

In this Article, Professor Kovacic-liTeischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court effectively …

A V. Attorney General, Dorit Beinisch, Eliezer Goldberg, Tova Strasberg-Cohen

Translated Opinions

Facts: Appellant requested to adopt a young man of 26 years, whom he had raised since infancy, after marrying the young man's biological mother. The potential adoptee, as well as the Israel Children Society, supported the appellant's request. The district court, however, denied the adoption order. The district court held that the requirements of section 25(1) of the Children Adoption Law, which allowed for the adoption of adults under special circumstances, were not fulfilled. The district court also held that the requirements of sections 8(a) and 13 of the law, which required the consent of the biological parents to adoption …

The Record - Vol. 31, Issue 12, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.