Digital Commons Network^™

A Law Professor’S Guide To Natural Law And Natural Rights, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Law professors nowadays mention natural law and natural rights on a regular basis, and not just in jurisprudence. Given that the founding generation universally subscribed to the idea of natural rights, this concept regularly makes a prominent appearance in discussions of constitutional law. One simply cannot avoid the concept if one is to explain Justice Samuel Chase's well-known claim in Calder v. Bull that "[t]here are certain vital principles in our free Republican governments, which will determine and over-rule an apparent and flagrant abuse of legislative power .... An ACf of the Legislature (for I cannot call it a law) …

One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman

Washington Law Review

It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers no hope for improved treatment outcomes for Indians. This Comment demonstrates the inadequacy of Washington's current treatment facility and program licensing standards and examines the high costs of maintaining these standards. The Comment concludes with a proposal for specific legislation for the State of Washington.

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy

Cardozo Journal of Equal Rights & Social Justice

The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller

Journal of Law and Health

This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.

Recent Developments, Kevin Washburn

Faculty Scholarship

Summary of cases in the areas of environmental law, taxation of natural resources, and water rights cases involving Native American tribes.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson

Publications

No abstract provided.

Francis J. Zambito V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGEMENT AND COMMITMENT FOR THEFT A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-404, ENTERED IN THE THIRD DISTRICT COURT IN AND FOR SUMMIT COUNTY, STATE OF UTAH, THE HONORABLE JUDGE PAT BRIAN, PRESIDING

State Of Utah V. Leikina Lavulavu : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

AN APPEAL FROM A CONVICTION OF MANSLAUGHTER IN A SCHOOL ZONE, IN VIOLATION OF UTAH CODE ANNOTATED 76-3-203.2, A FIRST DEGREE FELONY, IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH. THE HONORABLE JUDGE RAY M. HARDING, SR., PRESIDING.

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

Gentry Gamble V. Daniel R. Larsen And Catherine J. Wheeler : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER OF DISMISSAL IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE PAT B. BRIAN, PRESIDING

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.

Red Barn Development, L.C. A Utah Limited Liability Company Vs. Summit County A Body Corporate And Politic Of The State Of Utah: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ADDENDUM TO BRIEF OF APPELLEE RED BARN DEVELOPMENT, L.C.

Brad Russell Childs V. Heather T. Childs : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE TYRONE E. MEDLEY, PRESIDING

Brad Russell Childs V. Heather T. Childs : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE TYRONE E. MEDLEY, PRESIDING

Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player

University of Richmond Law Review

Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in the 1996 and 1997 sessions. In addition, there were eleven Supreme Court of Virginia opinions in the two-year period ending April 18, 1997, that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal

Hofstra Labor & Employment Law Journal

No abstract provided.

Session Law 97-237, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

The Federalist Society, Conference: Civil Justice And The Litigation Process: Do The Merits And The Search For Truth Matter Anymore?, Conference Dialogue, Day One, Roundtable: Science And Civil Justice, Edward Warren, Barry J. Nace, George Ehrlich M.D., Norman Anderson M.D., Stuart F. Schlossman M.D., Gina Kolata, Peter Huber

NYLS Law Review

No abstract provided.

The Creation Of South Africa's Constitution, Hon. Albie Sachs

NYLS Law Review

No abstract provided.

Book Review Of Amer Ei-Ahraf & William V. Willis, Management Of Animal Waste - Environmental Health Problems And Technological Solutions, Penny Dean

RISK: Health, Safety & Environment (1990-2002)

Review of Amer El-Ahraf & William V. Willis, Management of Animal Waste - Environmental Health Problems and Technological Solutions (Praeger Publishers 1996). About the authors, bibliography, index, introduction, tables. LC 95-654; ISBN 0-275-93529-9 [185 pp. Cloth $65.00. 88 Post Road West, Westport CT 06881.]

Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …

A Plea For The Enforceability Of Gestational Surrogacy Contracts, Denise E. Lascarides

Hofstra Law Review

No abstract provided.

The Human Genome Project: Genetic Screening And The Fundamental Right Of Privacy, Kristin M. Raffone

Hofstra Law Review

No abstract provided.

Disciplining Congress: The Taxing And Spending Powers, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Our panel will address a topic that goes to the heart of a debate over the nature of humankind: When dealing with governmentsponsored redistribution of wealth, can our elected representatives, to whom the Constitution grants federal taxing and spending authority, be trusted to exercise that authority; or must we place upon them what James Madison referred to as "auxiliary precautions," burdens higher than those imposed by the requirement that they stand for reelection, in the case of the House, every two years, or in the case of the Senate, every six years?

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

Georgetown Law Faculty Publications and Other Works

This Essay focuses on a dimension of the regulatory takings issue that has received relatively little attention in what is otherwise a vast amount of literature on the topic: Why the Court is so persistently splintered and its precedent so seemingly schizophrenic. Most academic discussion has focused on the sheer difficulty of reconciling the public's firmly held conception of sacrosanct private property rights with the public's increasing demand for restrictions on the exercise of those same rights when they affect others adversely. This Essay's thesis is that reasons for this phenomenon exist beyond those that have dominated the ongoing academic …

Property, Progeny, Body Part: Assisted Reproduction And The Transfer Of Wealth, Katheleen Guzman

Faculty Articles

No abstract provided.