Digital Commons Network^™

A Postscript On Vmi, Elizabeth Schneider

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams

University of Florida Journal of Law & Public Policy

No abstract provided.

The Ten Commandments On Schoolroom Walls? Why Did The Supreme Court Reject The 1978 Kentucky Statute (Stone V. Graham)? Could Such A Law Succeed?, Paul Grimley Kuntz

University of Florida Journal of Law & Public Policy

No abstract provided.

Department Of Fisheries Annual Report 1996-1997, Department Of Fisheries, Western Australia

Department of Fisheries Annual Reports

In accordance with Section 62 of the Financial Administration and Audit Act 1985, 1 submit for your information the Annual Report of the Fisheries Department for the financial year ending 30 June 1997.

The Annual Report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985 and Section 263 of the Fish Resources Management Act 1994.

Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision - Introduction, James T. Dixon

Case Western Reserve Law Review

No abstract provided.

The Plausibility Of Legally Protecting Reasonable Expectations, Bailey H. Kuklin

Valparaiso University Law Review

No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder

Articles

The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.

Black And White (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon

Fordham Law Review

No abstract provided.

California's Unconstitutional Punishment For Heinous Crimes: Chemical Castration Of Sexual Offenders, Raymond A. Lombardo

Fordham Law Review

No abstract provided.

Capabilities And Human Rights, Martha C. Nussbaum

Fordham Law Review

No abstract provided.

Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins

Faculty Publications

This article discusses a disturbing development in tort litigation in which defendants use deterministic, genetics-based ideas about individuals and their families to undercut and deflect attention from personal injury claims. Lead exposure litigation involving cognitive injuries claimed on behalf of children who have ingested lead paint is the context of this development. The most extreme manifestation to date has been the efforts in several states to compel relatives of lead-exposed children (usually mothers) to have IQ and psychological testing, even though they are not parties to the litigation. Rule 35 of the Federal Rules of Civil Procedure and its state …

Reexamining Race And Racial Identity In The United States, Jeffrey H. Rutherford

Minnesota Journal of Law & Inequality

Symposium: Our Private Obsession, Our Public Sin: Foreword

Racial Identity And The State: The Dilemmas Of Classification, Michael Omi

Minnesota Journal of Law & Inequality

Symposium: Our Private Obsession, Our Public Sin

History Repeats Itself In The Resurrection Of Prisoner Chain Gangs: Alabama's Experience Raises Eighth Amendment Concerns, Lynn M. Burley,

Minnesota Journal of Law & Inequality

No abstract provided.

Single Mothers' Equal Right To Parent: A Fourteenth Amendment Defense Against Forced-Labor Welfare Reform, Benjamin L. Weiss

Minnesota Journal of Law & Inequality

No abstract provided.

The Racing Of American Society: Race Functioning As A Verb Before Signifying As A Noun, John A. Powell

Minnesota Journal of Law & Inequality

Symposium: Our Private Obsession, Our Public Sin

Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori B. Andrews

Seton Hall Law Review

No abstract provided.

The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Law And Biology: Toward An Integrated Model Of Human Behavior, Owen D. Jones

Vanderbilt Law School Faculty Publications

As first year law students unhappily discover, the meaning of "law" is frustratingly protean, shifting by usage and user. Depending on whom you ask, law is a system of rules, a body of precedents, a legislative enactment, a collection of norms, a process by which social goals are pursued, or some dynamic mixture of these. Law's principal purpose is to define and protect individual rights, to ensure public order, to resolve disputes, to redistribute wealth, to dispense justice, to prevent or compensate for injury, to optimize economic efficiency, or perhaps to do something else. And yet one thing is irreducibly …

The Arrow Of The Law In Modern Administrative States: Using Complexity Theory To Reveal The Diminishing Returns And Increasing Risks The Burgeoning Of Law Poses To Society, J.B. Ruhl, Harold J. Ruhl Jr.

Vanderbilt Law School Faculty Publications

This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt law reviews), this work examines the "arrow" or direction of the legal system in the context of the administrative state. Drawing from diverse work such as Burke's study of history's nonlinearity and Tainter's classic study of the collapse of complex civilizations, we argue that the administrative state is becoming too resource intensive and burdened by a proliferation of rules.

Thinking Of Environmental Law As A Complex Adaptive System: How To Clean Up The Environment By Making A Mess Of Environmental Law, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, and UC-Davis law reviews) to the specific context of environmental law. The work describes the subject matter of environmental law as a CAS and explains why environmental law thus must "think like a complex adaptive system" in order to accomplish its objectives.

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

Publications

No abstract provided.

Law And Phrenology, Pierre Schlag

Publications

As the intellectual credentials of American law become increasingly dubious, the question arises: how has this discipline been intellectually organized to sustain belief among its academic practitioners? This Commentary explores the nineteenth-century pseudo-science of phrenology as a way of gaining insight into the intellectual organization of American law. Although there are, obviously, significant differences, the parallels are at once striking and edifying. Both phrenology and law emerged as disciplinary knowledges through attempts to cast them in the form of sciences. In both cases, the "sciences" were aesthetically organized around a fundamental ontology of reifications and animisms -- "faculties" in the …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Setting Standards For Parenting - By What Right?, James G. Dwyer

Faculty Publications

Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …