Digital Commons Network^™

Arising From The Dead: Challenges Of Posthumous Procreation, Anne Reichman Schiff

North Carolina Law Review

No abstract provided.

Going For The Brass Ring: The Case For Same-Sex Marriage , Arthur S. Leonard

Cornell Law Review

No abstract provided.

Enterprise Liability And The Emerging Managed Health Care System, William M. Sage

Faculty Scholarship

“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise. Proposals for enterprise liability surfaced briefly from the academic literature into the political spotlight during the 1993-94 health care reform debate. At that time, objections to the concept as a basis for medical malpractice liability, even in a restructured health care system, were nearly universal.

Just five years later, …

Thomasson V. Perry: Has The Fourth Circuit Taken Don't Ask, Don't Tell Too Literally, Alicia Christina Almeida

North Carolina Law Review

No abstract provided.

How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott

William & Mary Law Review

No abstract provided.

Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff

William & Mary Law Review

No abstract provided.

Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus

William & Mary Law Review

No abstract provided.

The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman

Michigan Law Review

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …

The Opinion Volume 37 Number 8 – February 26, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 26, 1997

Vol. 47, No. 8, February 24, 1997, University Of Michigan Law School

Res Gestae

•Killer Curve!!! •BLSA Sponsors Lecture on Affirmative Action •Legal Practice Retooled for the Millennium •RG Rescues Jobless 1Ls •Sager-Toothed Tiger Attacks •Traffic 1, Pedestrians 0 •Josh Barron Goes to the Video Store •Hey, 1st Year Summer Starter •B&B Vent Spleen

The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement (London) conjoins two books - the first, by investment banker turned finance historian Peter L. Berstein, is a history of the idea of risk, as it developed from Renaissance times through contemporary finance. The second, by the former editor of the derivatives journal Risk, Lillian Chew, is an account of contemporary financial derivatives and their uses and abuses. The point of linking these two books in a single review is to point out that the basic ideas behind today's financial derivatives - forms of forwards, options, swaps, and so on - are …

Agenda--February 17-18, 1997, Western Waters Policy Review Advisory Commission

Aquatic Ecology Symposium

Agenda for the Aquatic Ecology Symposium.

Role Of State Agencies In Protecting Aquatic Ecosystems, Duane L. Shroufe

Aquatic Ecology Symposium

No abstract provided.

The Role Of The U.S. Epa In Protecting Aquatic Ecosystems, John Meagher

Aquatic Ecology Symposium

No abstract provided.

The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman

Faculty Publications

In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the

National Resources Conservation Service, Warren M. Lee

Aquatic Ecology Symposium

No abstract provided.

United States Forest Service, United States Forest Service

Aquatic Ecology Symposium

No abstract provided.

Instream Flow Protection For Fish And Wildlife In Alaska And The Nation, Christopher C. Estes

Aquatic Ecology Symposium

No abstract provided.

Scientific Testing And Proof Of Paternity:. Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley

Louisiana Law Review

No abstract provided.

Evolution Of The Safe Drinking Water Act: A Search For Effective Quality Assurance Strategies And Workable Concepts Of Federalism, William E. Cox

William & Mary Environmental Law and Policy Review

No abstract provided.

Fit To Be Tied: On Custody, Discretion, And Sexual Orientation , Mark Strasser

American University Law Review

onep

Do Isolated Wetlands Substantially Affect Interstate Commerce? , Elaine Bueschen

American University Law Review

onep

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

The Existing Indian Family Exception: Denying Tribal Rights Protected By The Indian Child Welfare Act, Wendy Therese Parnell

San Diego Law Review

The Indian Child Welfare Act (ICWA), the author argues, was designed to prevent the removal of Indian children from their tribal culture. This was accomplished by providing minimum standards for removing Indian children from their homes, and by placing removal decisions within tribal jurisdiction. Courts, however, have applied an "existing Indian family" exception to the ICWA. This exception limits the application of the ICWA to cases where the Indian child is to be removed from an "existing Indian family," which excludes many removal cases, such as those where the child does not have a sufficient bond with an Indian parent. …

The Forum (Volume 27, Number 9), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Reconcilable Differences--The Interpretation Of Multilingual Treaties, Dinah Shelton

UC Law SF International Law Review

The practice of authenticating treaties in several languages has grown in recent decades as multilateral agreements are concluded in the six official languages of the United Nations or the corresponding number of official languages of other sponsoring organizations. Problems of translation errors, ambiguities, and deliberate differences lead to conflicts over the content of obligations and rights contained in the treaties. The Vienna Convention on the Law of Treaties provides some guidance to interpreting texts authenticated in several languages, but more effort is needed during negotiations to avoid discordant texts. In addition, the author proposes that greater recourse be had to …

Challenges Facing Inter-Governmental Political Negotiations Which Are Common To International Business Negotiators: An Analysis Of Shared Concerns, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Two PROVERBS AND INTRODUCTION

The thesis of this article is that the commonality of challenges facing both inter-governmental negotiators and international business negotiators is more predominant than the differences in these two situations.

M.S. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Faculty Scholarship

No abstract provided.