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Articles 30691 - 30720 of 39164
Full-Text Articles in Entire DC Network
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Dalhousie Law Journal
The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.
Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr
Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr
Dalhousie Law Journal
The author examines the theory of liability for pre-natal injuries adopted by Canadian courts. This theory has recently been adopted by the New Brunswick Court of Appeal in an unprecedented decision that allows an infant to sue its own mother for alleged negligent conduct that occurred prior to the child's birth. The author argues that, despite contrary claims, the present theory of liability relies on the judicial use of a legal fiction. He maintains that this fiction has been stretched beyond its theoretical limits and concludes that courts are no longer justified in adopting the present theory of liability in …
Trips Article 27.2: An Argument For Caution, M. Bruce Harper
Trips Article 27.2: An Argument For Caution, M. Bruce Harper
William & Mary Environmental Law and Policy Review
No abstract provided.
Keeping The Citizens Out: How Virginia Has Manipulated The Mandate Of The Clean Water Act, Demian Schane
Keeping The Citizens Out: How Virginia Has Manipulated The Mandate Of The Clean Water Act, Demian Schane
William & Mary Environmental Law and Policy Review
No abstract provided.
A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane
A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane
Cardozo Journal of International and Comparative Law
The article argues that the Danish Registered Partnership Act of 1989, while a significant step toward equality, falls short of true parity with marriage due to discriminatory exceptions such as the prohibition of adoption and church weddings. The author contends that these exclusions stem from societal prejudice and that same-sex unions should be fully incorporated into the legal framework of marriage to achieve genuine equality.
Queerly Unconstitutional?: South Carolina Same-Sex Marriages, Rodney Patton
Queerly Unconstitutional?: South Carolina Same-Sex Marriages, Rodney Patton
South Carolina Law Review
No abstract provided.
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Law and Contemporary Problems
No abstract provided.
Bound For The Promised Land: The Gendered Character Of Higher Education, Jane Roland Martin
Bound For The Promised Land: The Gendered Character Of Higher Education, Jane Roland Martin
Duke Journal of Gender Law & Policy
No abstract provided.
Girl’S School After Vmi: Do They Make The Grade?, Valorie K. Vojdik
Girl’S School After Vmi: Do They Make The Grade?, Valorie K. Vojdik
Duke Journal of Gender Law & Policy
No abstract provided.
From Gladiators To Problem-Solvers: Connecting Conversations About Women, The Academy, And The Legal Profession, Susan P. Sturm
From Gladiators To Problem-Solvers: Connecting Conversations About Women, The Academy, And The Legal Profession, Susan P. Sturm
Duke Journal of Gender Law & Policy
No abstract provided.
Regulating Patent Holders: Local Working Requirements And Compulsory Licences At International Law, Michael Halewood
Regulating Patent Holders: Local Working Requirements And Compulsory Licences At International Law, Michael Halewood
Osgoode Hall Law Journal
For decades, industry lobbyists and governments have been mounting pressure on other countries to offer stronger protection for foreign owned intellectual property. This paper seeks to sow dissent among those who feel that the NAFTA and TRIPS agreements represent the triumph of strong intellectual property rights over domestic policy-making alternatives. Focusing on patent law, in particular, this article argues that there are a wide range of policy options open to patent granting countries which both circumscribe patent holder's rights and comply with TRIPS and NAFTA. More specifically, the author argues that TRIPS and NAFTA signatories continue to enjoy relatively broad …
The Economics Of Home Production, Joni P. Hersch
The Economics Of Home Production, Joni P. Hersch
Vanderbilt Law School Faculty Publications
The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% to 75% as of 1995, while the participation rate for women has surged, from 37.7% in 1960 to 58.9% in 1995.1 The combination of rising labor force participation rates for women and falling rates for men has resulted in a work force that is approaching equal representation of each gender. However, the picture at home indicates a far greater gender stratification of work than …
The Susceptibility Of Formal Models Of Evidentiary Inference To Cultural Sensitivity, Ron A. Shapira
The Susceptibility Of Formal Models Of Evidentiary Inference To Cultural Sensitivity, Ron A. Shapira
Cardozo Journal of International and Comparative Law
The article examines whether formal models of evidentiary inference, specifically probabilistic (Pascalian) and inductive (Baconian) models, can accommodate cultural sensitivity. It argues that both models fail to adequately address cultural factors, which significantly influence evidentiary judgments. The probabilistic model overlooks the cultural context in sample space selection, while the inductive model, though rooted in a socially sensitive philosophy of science, does not explicitly incorporate cultural influences. This omission leads to potential biases and inaccuracies in legal proceedings.
America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith
Cardozo Journal of International and Comparative Law
The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Faculty Publications
No abstract provided.
Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus
Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus
American University Law Review
No abstract provided.
Legislative "Subterfuge"?: Failing To Insure Persons With Mental Illness Under The Mental Health Parity Act And The Americans With Disabilities Act, Christopher A. Jones
Legislative "Subterfuge"?: Failing To Insure Persons With Mental Illness Under The Mental Health Parity Act And The Americans With Disabilities Act, Christopher A. Jones
Vanderbilt Law Review
The two primary problems with providing health care in the United States are cost and access., The cost of health care rose dramatically during the 1970s and 1980s and continues to increase, making coset containment crucial to the availability of care. In addition, many Americans are either entirely without health insurance or are underinsured for catastrophic illness. While individually these two issues are important, equally problematic is the tension that exists between them. Providing greater access to additional services results either in a cost increase or the loss of other services. Ultimately, however, a general plan to contain costs can …
The Myths And Justifications Of Sex Segregation In Higher Education: Vmi And The Citadel, Cynthia Fuchs Epstein
The Myths And Justifications Of Sex Segregation In Higher Education: Vmi And The Citadel, Cynthia Fuchs Epstein
Publications and Research
Access to higher education, particularly to the specialized and elite education that is part of the tracking system leading to prestigious and highly remunerative positions, is a measure of equality. This article argues that segregated schooling for women limits their access to the same educational and associational opportunities men have, and that arguments supporting segregation are based on unsound criteria. It further argues that whatever the intent or ideological underpinning of such arguments, they ultimately have a negative outcome for women’s equality in society.
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Faculty Scholarship
No abstract provided.
The Government's Role In The Support Of Children, Allen M. Parkman
The Government's Role In The Support Of Children, Allen M. Parkman
Brigham Young University Journal of Public Law
No abstract provided.
"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle
"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan
Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan
Brigham Young University Journal of Public Law
No abstract provided.
The Dynamics Of Democracy: Travel, Premature Predation, And The Components Of Political Identity, Nicholas S. Zeppos
The Dynamics Of Democracy: Travel, Premature Predation, And The Components Of Political Identity, Nicholas S. Zeppos
Vanderbilt Law Review
Democracy is indeed an elusive concept and any effort to develop the constituent elements of so important a political idea ought to be encouraged. From any number of perspectives it is clear that democracy must include more than simply ratifying the outcomes of either citizen or representative voting., And when a court is asked to set aside the results of a process some describe as democratic, the challenge to enrich the concept becomes even more pressing, particularly when the judicial power is invoked in the name of enhancing democracy. The Supreme Court's decision in Romer v. Evan dramatically poses the …
Systems Approach To Law , Lynn M. Lopucki
Introduction: The Democratic Judge, Michael J. Gerhardt
Introduction: The Democratic Judge, Michael J. Gerhardt
Vanderbilt Law Review
It is a special privilege for me to return to this great law school to honor one of its greatest graduates. Each time I return to Nashville, it feels like a homecoming. Each time I return, I also feel that as I am getting older, Judge Merritt is getting younger. The last time I was here, he got married; and the time before that, we squared off for the umpteenth time on a tennis court. He also Writes more opinions, gives more speeches, and has taken more of a leadership role in protecting the interests of the federal judiciary than …
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
Washington International Law Journal
Because of Aum Shinri Kyô's terrorist attacks using sarin nerve gas, the Japanese government sought to revoke the religious cult's status as a religious corporation under the Religious Corporation Law. The Tokyo District Court found that, in setting up a sarin production facility, Aum had deviated from its purpose as a religious organization and had endangered the public welfare, thereby justifying an order of dissolution. The Tokyo High Court affirmed, but did not reach the issue of whether the dissolution order violated Aum's followers' right to freedom of religion as guaranteed by the Japanese Constitution. In affirming the dissolution order, …
Vmi And Virginia Lose Again: United States V. Virginia, Raymond F. Runyon
Vmi And Virginia Lose Again: United States V. Virginia, Raymond F. Runyon
Tulsa Law Review
No abstract provided.
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Mercer Law Review
The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying …
Swimming From The Island Of The Colorblind: Deserting An Ill-Conceived Constitutional Metaphor, Chris K. Iijima
Swimming From The Island Of The Colorblind: Deserting An Ill-Conceived Constitutional Metaphor, Chris K. Iijima
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Recent Patent Law Developments In Asia, John Richards
Recent Patent Law Developments In Asia, John Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.