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Life Begins At The Moment Of Conception For The Purposes Of W. Va. Code 55-7-5: The Supreme Court Of Appeals Of West Virginia Rewrites Our Wrongful Death Statute, Jason Cuomo

West Virginia Law Review

No abstract provided.

To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling

West Virginia Law Review

No abstract provided.

Evolution Of Technology And Markets And The Management Of Intellectual Property Rights;: The New Global Technology Regime, Francis Gurry

Chicago-Kent Law Review

No abstract provided.

The Impact Of New Technologies On Multilateral Trade Regulation And Governance - The New Global Technology Regime, Thomas Cottier

Chicago-Kent Law Review

No abstract provided.

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis

Cardozo Law Review

The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …

Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt

Cardozo Law Review

The drug DES has been associated with multigenerational injuries. Although courts in a number of states have allowed many second-generation DES victims to recover from the drug's manufacturers, this remedy, to date, has not been extended to thirdgeneration DES casualties. A number of reasons have been cited for this refusal, but the fear of requiring a drug manufacturer to be perpetually liable to descendants of those who ingested DES as well as the tricky issue of proximate causation predominate. This Note argues that at least some third-generation DES victims could (and should) be allowed to recover, without changing any laws …

Fugitives And Agrarians In A World Without Frontiers, Jim Chen

Cardozo Law Review

Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.

Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson

Book Reviews

This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.

The Forum (Volume 27, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Opinion Volume 37 Number 5 – November 13, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 13, 1996

Collaborative Planning And Ecosystem Management, R. Gregory Bourne

CNCR-Hewlett Foundation Seed Grant White Papers

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne

Missouri Law Review

The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.

Categories And Culture: On The Rectification Of Names In Comparative Law , Janet E. Ainsworth

Cornell Law Review

No abstract provided.

Domestic Relations, Barry B. Mcgough

Mercer Law Review

The survey period' produced sixty-one appellate decisions. Of that group, fourteen are digested here. The cases included clearly focus on issues of children. Moreover, the Georgia General Assembly tightened-up the child support guidelines and added new teeth for enforcement of support orders. Finally, new legislation prohibiting same sex and common law marriages was enacted.

Critical Care Research And Informed Consent, Richard S. Saver

North Carolina Law Review

No abstract provided.

Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede

Cardozo Law Review

In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.

From Cradle To Tomb: Estate Planning Considerations Of The New Procreation, Kathryn Venturatos Lorio

Louisiana Law Review

No abstract provided.

Village Of Oconomowoc Lake V. Dayton Hudson Corporation: Did The Clean Water Act Overlook Ground Waters?, George Joseph Ditta Ii

Louisiana Law Review

No abstract provided.

Killing Egyptian Prisoners Of War: Does The Phrase "Lest We Forget" Apply To Israeli War Criminals?, Scott R. Morris

Vanderbilt Journal of Transnational Law

This Article offers an analysis of Israel's response, or lack thereof, to the 1995 admission by Israeli war hero General Ayre Biro that he participated in the slaughter of forty-nine unarmed Egyptian prisoners of war in 1956 during Israel's struggle for independence. While in the past Israel has actively pursued the prosecution of war criminals who committed atrocities against its own people under the battle cry "lest we forget," the country has recently shown a strong reluctance to take action against General Biro for his execution of Egyptian prisoners of war. Specifically, Israel reasons that its statute of limitations for …

The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article is the second 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 installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.

“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis

Cardozo Law Review

I take my text from Professor Harris's rich discussion of Sojourner Truth's life narrative. I begin, as Professor Harris began, with Truth's assertion of parental right. When her five-year-old son, Peter, was sent by his owner from New York to Alabama, Truth agonized over the loss of contact between herself and her child. She feared that Peter would lose the opportunity, owed to him under New York law, of liberation at the age of twenty-one. Truth's insistent cry, "I'll have my child again," was initially dismissed by incredulous slaveholders. But it became a theme of struggle as she repeatedly walked …

The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J. B. Ruhl

Vanderbilt Law Review

Why does law change, and how does that process unfold? In this Article, Professor Ruhl examines those questions using tools from the emerging field of Complexity Theory. Complexity Theory involves the study of change in dynamical systems. Its findings of unpredictable change in a variety of natural and social settings have profoundly effected the theoretical foundations of many fields of study. In particular, Complexity Theory has revisited the Darwinist theory of biological evolution and used it as a platform for developing a general theory of system evolution that focuses on the concept of fitness landscapes. The fitness, or sustainability, of …

“Like Master, Like Man”: Constructing Whiteness In The Commercial Law Of Slavery, 1800-1861, Ariela J. Gross

Cardozo Law Review

In 1836, Leonard Wideman bought a slave named Charles from Jonathan Johnson, paying in part with a $100 note. Not long after, Johnson sued Wideman in the Circuit Court of Abbeville, South Carolina for failing to pay his note. In defense, Wideman argued that he should not have to pay Charles's price because Johnson had fraudulently represented Charles to be sober, honest, and humble, when, in fact, he was insubordinate, vicious, a drunkard, and a runaway. The trial turned not only on Charles's character, but also on the character of his masters: Johnson, Wideman, and others who had previously owned …

Property, Parenthood, And Peonage: Reflections On The Return To Status Quo Antebellum, Margaret A. Burnham

Cardozo Law Review

Cheryl Harris demonstrates how intertwining racial and gender boundaries, whose shadows are long, longstanding, and ominous, were initially constructed around the legal principle of human chattel as personal property. She insightfully argues that slavery inextricably linked the concepts of race and property in the American legal imagination; that property originates from rules that are "racially coded" and determined. Cheryl Harris's contribution to this Symposium is a continuation of her project of illuminating how law ratifies and implements a racialized conception of property. This comment considers the application of Professor Harris's argument, that property, in the context of race-based slavery, is …

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

The Forum (Volume 27, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin

Translated Opinions

Facts: The appellant and his wife were married for many years but remained childless. The appellant began a relationship with a 15 year-old girl, the first respondent, in order to have a child by her, and she did indeed become pregnant and bear his child. When the child was born, the girl wanted the child to be adopted by a third party, but the appellant wanted to raise the child with his wife.

The main witness in the trial court was Mr Rami Bar-Giora, an expert psychologist, who testified that if the child were raised by the appellant and the …

The Year: 2075, The Product: Law, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.