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Articles 31441 - 31470 of 39164
Full-Text Articles in Entire DC Network
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Articles
In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …
Step Up Or Step Out: Unwed Fathers' Parental Rights Post-Doe And E. A. W., John E. Fennelly
Step Up Or Step Out: Unwed Fathers' Parental Rights Post-Doe And E. A. W., John E. Fennelly
St. Thomas Law Review
The issue of parental rights for unwed fathers continues to generate confusion and controversy. The United States Supreme Court, following an initial period of expansion, has reduced its constitutional oversight of state domestic relations law. This reduction has produced a dynamic redefinition of the parental rights of unwed fathers. Uncertainties, as reflected in recent Florida appellate decisions, remain. This Article will first trace the initial expansion and contraction of federal oversight into the area of parental rights. The Article will then explore the redefinition of these rights as developed by several state jurisdictions. Next, recent Florida developments that demonstrate that …
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
St. Thomas Law Review
No abstract provided.
The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman
The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman
St. Thomas Law Review
This article addresses an emerging international trend toward recognizing and protecting the rights of indigenous peoples. The first part briefly describes the existing conflict and emphasizes the need for international legal intervention between the effects of state legislation and the interests of indigenous peoples. Some of the difficulties inherent in this analysis will be highlighted. The second part of this article discusses some of the principal international activities that have benefitted indigenous peoples. The third part analyzes certain fundamental propositions at the international legal level that are directly related to indigenous communities. Finally, this article concludes with some comments on …
Federalism, The Mann Act, And The Imperative To Decriminalize Prostitution, Michael Conant
Federalism, The Mann Act, And The Imperative To Decriminalize Prostitution, Michael Conant
Cornell Journal of Law and Public Policy
No abstract provided.
Are We Becoming A Society Of Suspects - Veronia School District 47j V. Action: Examining Random, Suspicionless Drug Testing Of Public School Athletes, Nancy D. Wagman
Are We Becoming A Society Of Suspects - Veronia School District 47j V. Action: Examining Random, Suspicionless Drug Testing Of Public School Athletes, Nancy D. Wagman
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Day Care And Parental Employment: What Weight Should They Be Given In Child Custody Disputes, Debra L. Swank
Day Care And Parental Employment: What Weight Should They Be Given In Child Custody Disputes, Debra L. Swank
Villanova Law Review (1956 - )
No abstract provided.
Group Norms, Gossip, And Blackmail, Richard H. Mcadams
Law, Economics, And Inefficient Norms, Eric A. Posner
Pragmatic Adjudication, Richard A. Posner
Combatting International Terrorism Into The 21st Century, Mark S. Zaid
Combatting International Terrorism Into The 21st Century, Mark S. Zaid
ILSA Journal of International & Comparative Law
As a private attorney I have dedicated a significant part of my practice to working with or representing victims of terrorism. In particular, I represent several family members who lost relatives in the bombing of Pan Am Flight 103 in a civil action against the government of Libya. Through the use of the judicial system, we are attempting to forge a new weapon for use against terrorist states as a means by which to achieve deterrence, punishment, and compensation for the victims.
Deliberate Environmental Modification Through The Use Of Chemical And Biological Weapons: "Greening" The International Laws Of Armed Conflict To Establish An Environmentally Protective Regime, Ensign Florencio J. Yuzon
Deliberate Environmental Modification Through The Use Of Chemical And Biological Weapons: "Greening" The International Laws Of Armed Conflict To Establish An Environmentally Protective Regime, Ensign Florencio J. Yuzon
American University International Law Review
No abstract provided.
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
UIC Law Review
No abstract provided.
Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown
Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown
UIC Law Review
No abstract provided.
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
An Essay On The Piano, Law, And The Search For Women's Desire, Julia E. Hanigsberg
Michigan Journal of Gender & Law
The thesis of this essay is a simple one: to have a measure of control over her destiny, to have any choices, a woman must be a sexual agent, a subject of desire rather than an object. How can women exercise any autonomy in any other realms if in their most intimate lives they are unable to voice their desires? I do not mean to suggest that sexuality has unlimited explanatory power or that everything about women's domination can be explained by a rearticulation of desire. I do believe, however, that although the issue of sexuality is much discussed, feminist …
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Michigan Journal of Gender & Law
Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
Michigan Journal of Gender & Law
The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different from …
Israel, Iran And Preemption: Choosing The Least Unattractive Option Under International Law, Louis Rene Beres
Israel, Iran And Preemption: Choosing The Least Unattractive Option Under International Law, Louis Rene Beres
Penn State International Law Review (1982 - 2011)
No abstract provided.
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Journal of Law and Health
I propose that a woman who becomes pregnant with the intent to abort will be treated as an initial aggressor, and as such she will be denied the "abortion exception" that will be granted to the woman who aborts an accidental, unwanted pregnancy. Moreover, I shall argue that a woman should not be allowed to designate the donee of the fetal tissue from her abortion, even though her pregnancy was accidental. Without this restriction, a woman who intends to become pregnant and abort may simply claim her pregnancy was accidental, and thereby claim the exception. Central to this study is …
Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs
Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs
Journal of Law and Health
To explore these concepts, this paper focuses on the Japanese motivation for taking control in the pharmaceutical industry and efforts that the US can take to ensure its role as a leader in the pharmaceutical industry. First, the paper discusses how Japan is poised to invade the US pharmaceutical market, reasons for Japanese entry into the market, the Japanese focus on research, recent examples of Japanese expansion and how US policy may affect Japanese expansion into the pharmaceutical market. The next section describes the need for the FDA to protect consumer interests in the US since market forces and / …
The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter
The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter
Journal of Law and Health
This paper will reveal that although the FDA has a compelling argument from a public health point of view to regulate tobacco products, the proposed federal rule is beyond the scope of the FDA's authority. The FDA cannot unilaterally assert jurisdiction over tobacco products in order to implement restrictions for children and adolescents without specific Congressional action. Instead, Congress has specifically delegated such regulatory authority to the states. Moreover, the proposed rule lacks necessary enforcement mechanisms to adequately keep tobacco products out of the hands of children and adolescents.
At The Interface Of Patent And Trademark Law: Should A Product Configuration Disclosed In A Utility Patent Ever Qualify For Trade Dress Protection, Kevin E. Mohr
UC Law SF Communications and Entertainment Journal
Patent law seeks to advance technological innovation by encouraging invention with a limited-duration monopoly. In return, the inventor discloses his invention, and it becomes free for the public to use upon the patent's expiration. Trademark law seeks to avoid consumer confusion by granting to the trademark owner for an indefinite period a monopoly in the use of the mark in connection with its goods. Where a product is protected by a utility patent and the product owner also seeks to protect the product's shape or design by relying on trademark law, these policies can collide. This can result in the …
General Principles Of International Environmental Law, Max Valverde Soto
General Principles Of International Environmental Law, Max Valverde Soto
ILSA Journal of International & Comparative Law
This article is a description of the general principles and rules of international environmental law that have emerged from international treaties, agreements, and customs. The significance of the generality of these principles is that they can be applied to the international community for the protection of the environment.
Principios Generales Del Derecho Ambiental Internacional, Max Valverde Soto
Principios Generales Del Derecho Ambiental Internacional, Max Valverde Soto
ILSA Journal of International & Comparative Law
Este articulo pretende describir las normas y principios generals del derecho internacional del medio ambiente surgidos a partir de tratados, convenios y costumbres internacionales. La significancia de la generalidad de estos principios es que se podrian aplicar a la comunidad internacional para la protecci6n del medio ambiente.
International Law And Anti-Personnel Landmines, Ariane Sand-Trigo
International Law And Anti-Personnel Landmines, Ariane Sand-Trigo
ILSA Journal of International & Comparative Law
Antipersonnel land mines are among the deadliest and most insidious weapons in the world today: their aim is to maim for life, they cannot distinguish between the footfall of a soldier and that of a child and they recognize no cease-fire or end to war. More than 110 million active mines are scattered in sixty-four countries and the problem is growing worse at a dramatic rate.
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park
Fordham Environmental Law Review
No abstract provided.
The Case Against Transferring Blm Lands To The States, Michael C. Blumm
The Case Against Transferring Blm Lands To The States, Michael C. Blumm
Fordham Environmental Law Review
No abstract provided.
Once More Unto The Breach, Timothy F. Malloy
Once More Unto The Breach, Timothy F. Malloy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Bennett V. Plenert: Using The Zone-Of-Interests Test To Limit Standing Under The Endangered Species Act, Sheldon K. Rennie
Bennett V. Plenert: Using The Zone-Of-Interests Test To Limit Standing Under The Endangered Species Act, Sheldon K. Rennie
Villanova Environmental Law Journal (1991 - )
No abstract provided.