Digital Commons Network^™

Constitutional Considerations Underlie Missouri's Expansion Of Fetal Rights Within Its Wrongful Death Statute, Elizabeth S. Brown

Missouri Law Review

When Missouri courts determine the existence of a cause of action under the wrongful death statute they have considered it necessary to address whether a fetus is a "person" within the statute. In Connor v. Monkem, Missouri extended its recognition of the rights of a fetus within its wrongful death statute beyond its previous decisions and those noted in other jurisdictions. Missouri’s decision differs distinctively from the law’s traditional view of the fetus as a part of the woman, therefore devoid of rights as a separate entity.

How To Win Cites And Influence People, J. M. Balkin, Sanford Levinson

Chicago-Kent Law Review

No abstract provided.

Farley V. Sartin: Viability Of A Fetus No Longer Required For Wrongful Death Liability, Robin C. Hewitt

West Virginia Law Review

No abstract provided.

The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus

University of Michigan Journal of Law Reform

In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.

What Is Antidegradation Policy: Does Anyone Know, John Harleston

Southeastern Environmental Law Journal

No abstract provided.

Zoning The Water: Using The Public Trust Doctrine As A Basis For A Comprehensive Water-Use Plan In Coastal South Carolina, Kelly Lowry

Southeastern Environmental Law Journal

No abstract provided.

The Science Of Gatekeeping: The Federal Judicial Center's New Reference Manual On Scientific Evidence, John M. Conley, David W. Peterson

North Carolina Law Review

No abstract provided.

Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel

Indiana Law Journal

No abstract provided.

Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo

UF Law Faculty Publications

The conflict that brings us here arises when the earth is disturbed and the environment in which we live is threatened. . . . On the one hand are the corporations who mine phosphate reserves in Florida—their intentions are based on the argument that an ever-shrinking agrarian base in America must have fertilizer to remain effective and productive. On the other hand are the individuals and groups who oppose that mining and their argument is based upon the contention that such mining is too destructive of a unique and very fragile ecosystem.

By the year 2000, phosphate companies will have …

Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller

Indiana Journal of Global Legal Studies

Professor Heller's article discusses why there has been little

progress after the Rio Earth Summit in developing the Framework

Convention on Climate Change. He argues that, beyond the scientific

uncertainties about climate change and its economic impacts,

agreement on the legal structure of a comprehensive regime has been

hampered by institutional factors. These include: the political

discounting of damage to future populations, the diverse risks of

global warming in different regions, and the distrust in many nations

with market instruments, like taxes or tradable permits, that are

favored by many industrial nations dependent on fossil fuels.

Resolving these problems will …

Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively

West Virginia Law Review

No abstract provided.

Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron

Dalhousie Law Journal

In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers Jr.

Washington Law Review

In 1993, Congress apologized to the Native Hawaiians for the political funny business of a century ago when the pineapple and sugar interests overthrew the Kingdom of Hawaii with tactical help from U.S. officials. Another apology will be in order for an unconscionable political trial now underway in the islands to punish one of the sovereignty leaders, Dennis "Bumpy" Kanahele, for a variety of imagined offenses that amount to the infliction of embarrassment on the U.S. To put this essay in context, it should be understood, first of all, that the struggle for Native Hawaiian lands and sovereignty is a …

The Federal Advisory Committee Act: An Obstacle To Ecosystem Management By Federal Agencies, Sheila Lynch

Washington Law Review

Ecosystem management, the new guiding concept for federal land management, requires collaboration and information sharing across ownership boundaries, facilitation of changes in social values, and adaptation to new scientific and social information. Particularly in the western states, the federal land management agencies have been involved to varying degrees in innovative collaborative processes with the goal of implementing ecosystem management. However, the Federal Advisory Committee Act (FACA), which places numerous procedural requirements on certain federal interactions with non-federal parties, has been cited as an obstacle to federal participation in these efforts. This Comment presents an analytic framework for determining when FACA …

Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …

Media Coverage Of The Post Title Ix Female Athlete: A Feminist Analysis Of Sport, Gender, And Power, Mary Jo Kane

Duke Journal of Gender Law & Policy

I. Introduction Sport is one of the most important institutions in American culture. This certainly is demonstrated by the vast resources spent on sport-related enter- prises. With respect to discretionary spending alone, billions of dollars are spent annually on the sale of licensed sport products (e.g., baseball caps). In 1992, retail sales of all licensed sport merchandise totaled $ 12.2 billion. 1 In the early 1990s, the top four men's professional sport leagues (football, bas- ketball, baseball, and ice hockey) generated almost $ 4 billion in revenues. 2 Most recently, Anheuser-Busch announced that they had signed a $ 40 million …

Can Gender Equity Find A Place In Commercialized College Sports?, John C. Weistart

Duke Journal of Gender Law & Policy

The premise of Title IX should be uncontroversial: no person may be ex- cluded from the benefits of an educational program on the basis of gender. 1 There is a sense in which Title IX, at the time of its adoption more than twenty years ago, simply captured what was an independent societal norm of considerable force. Women were participating in higher education, including graduate and professional education, in increasing numbers and were properly claiming a right to equal opportunities. Sexual harassment was, and is, a per- sistent problem and some disciplines have changed only slowly. 2 The prevailing perception, …

Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas

William & Mary Law Review

No abstract provided.

Deterring Irresponsible Use And Disposal Of Toxic Substances: The Case For Legislative Recognition Of Increased Risk Causes Of Action, Tamsen D. Love

Vanderbilt Law Review

Increasing risk does not ordinarily result in tort liability. For instance, every speeding driver increases the risk of a traffic accident.' Tort liability, however, attaches only if the driver actually causes an accident, This means that of two reckless drivers who engage in exactly the same risky behavior, one might face great liability, while the other might escape with no liability at all. The difference between the two cases is in many ways a mere fortuity-whether timing and circumstance conspire to cause a traffic accident in a particular case or not. Many acts of reckless driving go unanswered in tort …

Science Fiction Law Journal, Loyola Law School - Los Angeles

Science Fiction Law Journal

No abstract provided.

Vol. 46, No. 9, March 18, 1996, University Of Michigan Law School

Res Gestae

•Community Reacts to Racial Vandalism •Michigan No. 7 in "U.S. News" Ranking •Jessup Team Heads to Internationals •Value Centered Management to Rein in More Dollars for the Law School •Fall Grade Curves •Commentary: Center for the Legal Equality of Women •Jason Frank Returns

Using Legal Principles To Promote The Health Of An Ecosystem, Martin H. Belsky

Tulsa Journal of Comparative and International Law

No abstract provided.

Russian Dumping Of Radioactive Wastes In The Sea Of Japan: An Opportunity To Evaluate The Effectiveness Of The London Convention 1972, James R. Mccullagh

Washington International Law Journal

By dumping 900 tons of radioactive waste into the Sea of Japan on October, 13, 1993, the Russian navy violated the moratorium on low-level radioactive waste dumping of the London Convention (the international treaty controlling ocean dumping). However, legal liability under the London Convention, the 1982 United Nations Convention on the Law of the Sea, and international customary law arguably does not attach to this activity. Indeed, even though the London Convention was amended in November of 1993 to prohibit all ocean dumping of radioactive waste, Russia remains legally entitled to use the ocean as a disposal site for low-level …

Paradigms Of Law, Jürgen Habermas

Cardozo Law Review

Among legal scholars expressions such as "social ideal" or "social model," and even "social vision," have become generally accepted ways of referring to the images of society inscribed in a legal system. Such expressions refer to those implicit images of one's own society that guide the contemporary practices of making and applying law. These images or paradigms provide the background for an interpretation of the system of basic rights. In other words, they orient the project of realizing an association of free and equal citizens. A paradigm is discerned primarily in paramount judicial decisions, and it is usually equated with …

Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk

North Carolina Law Review

No abstract provided.

Law And Order, Arthur J. Jacobson

Cardozo Law Review

Every jurisprudence offers a distinctive image of order. Any order-whether of action, logic, or material-describes the ongoing operation of a set of principles or criteria. Principles define an order as the cause of an operation; criteria define it as the effect of other operations. The operation of a set of principles or criteria constituting an order allows observers effectively to distinguish that order from other orders or from no order at all.

An order is static when it is possible for observers to describe operation of the set of principles or criteria constituting the order at a single moment, without …

Complexity Theory As A Paradigm For The Dynamical Law-And-Society System: A Wake-Up Call For Legal Reductionism And The Modern Administrative State, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions for what it means in terms of legal institution and instrument design.

A Trust For Whom?: Managing Colorado's 3 Million Acres Of State Land, John M. Evans, Reeves Brown, Mark A. E. Burget, University Of Colorado Boulder. Natural Resources Law Center

A Trust for Whom?: Managing Colorado's 3 Million Acres of State Land: A Critique of the Constitutional Amendment (February 5)

14 pages.

Includes biographical information for John M. Evans, Reeves Brown, and Mark A. E. Burget.

State Land Board Commissioner Maxine Stewart was also a speaker for this program, but did not submit any written materials.

Contents:

A trust for whom? managing Colorado's 3 million acres of state land : a critique of the constitutional amendment / prepared by John Evans -- A cattlemen's [sic] perspective of state land management / presented by Reeves Brown -- Remarks outline / Mark A. E. Burget

Program was presented on Monday, February 5, 1996 at the offices of Holland & Hart in Denver, …

Vol. 46, No. 7, February 5, 1996, University Of Michigan Law School

Res Gestae

•Krieger to Head New Alumni Programs Office •Is This the Best Way to Run a Law School? •Jobhunting Tips •Hey, Third Year •Opinion: Women & the Law •Jason Frank: On Equality