Digital Commons Network^™

The First Forty Years Of The Commission On Human Rights, Marta B. Varela

Fordham Urban Law Journal

This article provides a basic overview of the New York City Commission on Human Rights. It traces the history of the law of the Commission and argues that the Commission's investigative, mediative, prosecutorial, and adjudicatory powers are essential to New York's plan to eradicate housing discrimination.

Some Reflections On New York City's Disability Law, Robert Hammel

Fordham Urban Law Journal

The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability. Finally, the author draws on case studies to illustrate the problems in fashioning remedies for discrimination violations.

Some Reflections On New York City's Disability Law, Robert Hammel

Fordham Urban Law Journal

The article provides a broad overview of general disability law, and the distinctive features of New York City's disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City's uniquely broad definition of disability and concludes that the disabled are inevitably given less relief than a model which understands their needs, while at the same time the …

Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

The Nih Revitalization Act Of 1993 Washed Away Many Legal Problems With Fetal Tissue Transplantation Research But A Stain Remains, James E. Goddard

SMU Law Review

No abstract provided.

A Close And Critical Analysis Of The New General Aviation Revitalization Act, Robert F. Hedrick

Journal of Air Law and Commerce

No abstract provided.

The In/Fertile, The Too Fertile, And The Dysfertile, Lisa C. Ikemoto

UC Law Journal

This article takes the ongoing debate about whether and how procreative technologies should be regulated, and goes beneath it. Starting with the characterization of procreative technology as infertility treatment, this article explores three primary sets of norms constituting that characterization-fertility, technology, and family. The analysis is an attempt to map the interconnecting discourses of fertility, technology, and family, and so, proceeds in a non-linear manner.

Professor Ikemoto begins by exploring the edges of public discussion about acceptable procreative technology uses. That is, she first questions public responses to uses that have provoked controversy, from the first 'test-tube baby' to the …

Pregnant Men Revisited Or Sperm Is Cheap, Eggs Are Not, Ruth Colker

UC Law Journal

Professor Colker argues that courts need to be aware of the biological differences between women and men in evaluating cases involving alternative reproductive technologies. By imposing an overly formalistic notion of equality to these cases, courts have inappropriately tipped the balance in favor of men's reproductive claims. Two cases involving the disposition of frozen embryos following divorce-Davis v. Davis and Kass v. Kass-illuminate her argument.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika

Touro Law Review

No abstract provided.

Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg

Articles

This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …

Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg

Articles

The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …

Perspectives On Human Nature And Their Implications For Business Organizations, Lewis D. Solomon

Fordham Urban Law Journal

Employing psychological principles to reform the structure and agendas of business organizations increases employee fulfillment. This Essay proposes changes in corporate structure in order to nurture employee's mental health in a way that also benefits companies by resulting in greater employee productivity. This Essay argues that the decentralization of business organizations and greater employee involvement in decision-making will improve both quality of life and the environment.

Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon

Fordham Urban Law Journal

Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient's ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: first, autonomy is rooted in western ideals of self-governance and political freedom; second, the article discusses how this idea has been developed in American courts. In Part II, the author draws on anecdotal and empirical evidence to demonstrate that autonomy …

The Kentucky Board Of Bar Examiners' Character And Fitness Certification Questionnaire: Are Mental Health Inquiries A Violation Of The Americans With Disabilities Act?, Lanny King

Kentucky Law Journal

No abstract provided.

An Examination Of The Training And Reliability Of The Narcotics Detection Dog, Robert C. Bird

Kentucky Law Journal

No abstract provided.

A Multilateralist Method Of Choice Of Law, Scott Fruehwald

Kentucky Law Journal

No abstract provided.

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht

Faculty Publications

This report seeks to describe and analyze that dysfunction as it manifests itself in three low-income neighborhoods in San Francisco and Oakland. It does not examine the causes nor scope of poverty in those communities nor does it intend to estimate or describe the prevalence of hunger. These measures are amply documented in a 1995 report on hunger and the problem of food "insecurity" commissioned by the California Senate Office of Research and, in 1993 and 1994, reports on hunger from the Alameda County Community Food Bank and San Francisco Food Bank, respectively. Rather, this report treats poverty, hunger and …

A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko

Faculty Publications

Classifications, like race, that historically have been used to saddle certain people with disabilities on the basis of a characteristic that otherwise would be irrelevant to an individual's ability to contribute to society are inherently suspect as more likely to have been the product of irrational prejudice and, thus, are deserving of heightened equal protection scrutiny. Thus, in adjudicating whether a sexual orientation classification is deserving of heightened equal protection scrutiny, a court should ask only whether gay people have suffered a history of discrimination and whether their sexual orientation says anything about their ability to contribute to society.

The …

Jerome K. Duncan V. Eileen M. Howard, Sandra Thorderson And Larry Thorderson : Reply Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a paternity order of the Third judicial District Court, Salt Lake County, Honorable John A. Rokich, presiding

Mario B. Beltran V. Denise Allan : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FOURTH JUDICIAL COURT, UTAH COUNTY, STATE OF UTAH JUDGE GUY R. BURNINGHAM

The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness

Law Faculty Scholarly Articles

Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …

Constitutional Mass Torts: Sovereign Immunity And The Human Radiation Experiments (Note), Nestor M. Davidson

Faculty Scholarship

Part I of this Note explains why the present system does not allow individuals to recover damages against the federal government for violations of the Constitution. It first describes the doctrine of constitutional torts and its limitations. It then discusses sovereign immunity, and explains that Congress has retained sovereign immunity for constitutional torts. It concludes with a discussion of the Supreme Court's policy arguments for not creating a cause of action against the government for constitutional violations. Part II explores the Human Radiation Experiments as a case study in the remedial gaps created by the current scope of Bivens and …

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

The Comprehensive Terrorism Prevention Act Of 1995, Thomas C. Martin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

On Becoming A Lawyer, Denis F. Mclaughlin

Seton Hall Law Review

No abstract provided.

Habitat Conservation Planning Under The Endangered Species Act : No Surprises & The Quest For Certainty, Eric Fisher

University of Colorado Law Review

No abstract provided.

Animal Welfare Reform And The Magic Bullet: The Use And Abuse Of Subtherapeutic Doses Of Antibiotics In Livestock, Barbara O'Brien

University of Colorado Law Review

No abstract provided.

The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman

University of Colorado Law Review

No abstract provided.