Digital Commons Network^™

Noah By The Numbers: An Empirical Evaluation Of The Endangered Species Act , Jeffrey J. Rachlinski

Cornell Law Review

No abstract provided.

Unmasking Undue Influence, Ray D. Madoff

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Exploring Michael Omi's Messy Real World Of Race: An Essay For Naked People Longing To Swim Free, John O. Calmore

Minnesota Journal of Law & Inequality

Symposium: Our Private Obsession, Our Public Sin

Racial Identity And Census Categories: Can Incorrect Categories Yield Correct Information, Nancy A. Denton

Minnesota Journal of Law & Inequality

Symposium: Our Private Obsession, Our Public Sin

The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski

Indiana Law Journal

No abstract provided.

Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett

Indiana Law Journal

No abstract provided.

Frozen Life's Dominion: Extending Reproductive Autonomy Rights To In Vitro Fertilization, Samuel A. Gunsburg

Fordham Law Review

No abstract provided.

Creating Problems Rather Than Solving Them: Why Criminal Parental Responsibility Laws Do Not Fit Within Our Understanding Of Justice , Tami Scarola

Fordham Law Review

No abstract provided.

Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching

Fordham Law Review

No abstract provided.

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick

Faculty Scholarship

On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …

Interests And Rights Of The Interracial Family In A Multiracial Racial Classification, The Proceedings Of The Third Annual Mid-Atlantic People Of Color Legal Scholarship Conference February 13-15, 1997: Part 2, Tanya K. Hernandez

Faculty Scholarship

The public dissemination of census data invites battles over how human beings will be known. One census battle that has been at the forefront of the public debate is the demand for a "multiracial" category. The multiracial classification, as proposed, would be one of the race categories a respondent could choose in lieu of those currently listed by the Office of Management of Budget (OMB): American Indian or Alaskan Native, Asian or Pacific Islander, Black, White, or Other. The stated aim of the new racial classification is to obtain a more specific census count of the number of mixed-race persons …

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.

Unauthorized Embryo Transfer At The University Of California, Irvine Center For Reproductive Health, Supriya Kakkar

UC Law Constitutional Quarterly

Two couples, wanting desperately to conceive, go for help to the same fertility excruciating procedure. Couple A fights the odds and walks away with their miracle baby. Couple B is not so lucky. They walk away empty handed. Years later, a horrifying truth is revealed. Without the consent or knowledge of either couple, doctors transferred Couple B's embryos to Couple A. Couple A finds out that their miracle baby is genetically the offspring of Couple B. Now, Couple B is suing for custody. Who wins?

Doctors at the University of California, Irvine fertility clinic transferred embryos without the approval or …

Engineering Perfect Offspring: Devaluing Children And Childhood, Wendy Anton Fitzgerald

UC Law Constitutional Quarterly

In this Essay, Professor Fitzgerald observes that the law and practice governing medical treatment decisions for seriously ill and disabled newborn children requires physicians and parents to compare such children with an unstated norm. She discerhs that our jurisprudence informs that unstated norm with an exclusive model of legal personhood, that of the autonomous individual, an independent and self-sufficient adult. Parents and physicians may conclude, then, that a seriously ill or disabled newborn child who cannot eventually become an autonomous adult should not receive life-saving or life-prolonging treatment. Professor Fitzgerald suggests that this treatment paradigm parallels a cultural resurgence of …

Demystifying Deossification: Rethinking Recent Proposals To Modify Judicial Review Of Notice And Comment Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Mandatory Testing Of Pregnant Women And Newborns: Hiv, Drug Use, And Welfare Policy, Elizabeth B. Cooper

Fordham Urban Law Journal

In this Introduction, the author discusses how the collection of essays provide insightful analysis of biological, legal, and public health issues surrounding mandatory testing of pregnant women and infants for HIV. As background, beginning February 1, 1997, New York ordered that every newborn in the state be tested for HIV-antibodies. In addition, the results are disclosed to the delivering mother, her physician, and her child’s physician, thus raising difficult ethical and policy questions for the Symposium panel.

Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post

Fordham Urban Law Journal

The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …

Mental Illness, Physical Illness, And The Legalization Of Physician-Assisted Suicide, Ellen H. Moskowitz

Fordham Urban Law Journal

This Article explores the oftentimes mistaken notion that we can realistically identify severely ill individuals seeking physician-suicide who do so willingly, knowingly, and voluntarily. Medical science and medical practice support this proposition. To date, there exists no sound clinical basis for distinguishing suicidal patients with terminal conditions from suicidal patients without terminal conditions. Thus, it is a mistake to posit a reasonably identifiable patient population od adults with terminal diagnosis who can provide informed, voluntary consent to prescription lethal drugs. In practice, the medical community has failed to indentify and treat suicidal disorders. This Article concludes that suicide, including suicide …

Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria

Fordham Urban Law Journal

In considering physician-assisted suicide, the real challenge lies in understanding the nature of culture itself. Missing from the debate is a discussion of the social consequences of hidden expectations and obligations with respect to access to health care, allocation of resources, terminal and chronic illness, disability, difference, suffering, and the nature of death itself. Part I explores the hidden dimensions of culture that operate at the level of the unconscious. In order to examine the ways in which our cultural expectations are likely to change with the legalization of physician-assisted suicide and active euthanasia it is imperative that we consider …

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren L. Hutchinson

Faculty Articles

The symbolic meaning of the phrase "tongues untied" has grown to identify a small, yet expanding, cultural, intellectual, and artistic "movement" aimed at revealing - or ending the silence around - the interactions of race, class, gender, and sexuality, what one participant in the movement described as "the transformation of silence into language and action." The work of this movement contrasts starkly with that of the "dominant" gay and lesbian culture and scholarship, where issues of racial and class subordination are neglected or rejected and where a universal gay and lesbian experience is assumed. The work of this movement highlights …

Clinical Implications Of Brca1 Genetic Testing For Askenazi-Jewish Women, Georgia L. Wiesner, M.D.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald G. Cadle

Kentucky Law Journal

No abstract provided.

The Use Of Forensic Dna In Criminal Cases In Kentucky As Compared With Selected Other States, Judith E. Lewter

Kentucky Law Journal

No abstract provided.

Goodwin V. Turner: A Comparison Of American And Jewish Legal Perspectives On Procreation Rights Of Prisoners, Daniel Pollack, Chaim Steinmetz, Andrea Tellerman

Kentucky Law Journal

No abstract provided.

Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus

Faculty Scholarship

The Uniform Commercial Code determines the content of most commercial law default rules by incorporating common merchant practices. The success of this incorporation strategy depends on the likely efficiency of evolved commercial practices. In this Article, I use the best available theory of cultural evolution to analyze how and why commercial practices evolve. This analysis confirms that the incorporation strategy is far superior to a system in which lawmakers rely predominantly on individual analysis and experimentation to design commercial law. But the analysis also demonstrates that common commercial practices, and the laws incorporating them, are unlikely to be optimal, in …

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

Scott L. Buckley V. Wendy Tennyson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT Appeal from the Judgment of the Third Judicial District Court for Salt Lake County, Utah the Honorable Leslie A. Lewis

Katherine A. Thrash V. James L. Thrash : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR RE-HEARING

Appeal from the Second Judicial District Court, Davis County, State of Utah, The Honorable Michael G. Allphin, Presiding