Digital Commons Network^™

Critically Acclaimed But Not Critically Followed - The Inapplicability Of The National Environmental Policy Act To Federal Agency Actions: Douglas County V. Babbitt, Melaney Payne

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Trips--Natural Rights And A "Polite Form Of Economic Imperialism", A. S. Oddi

Vanderbilt Journal of Transnational Law

This Article discusses the current predominance of natural rights theory in the area of intellectual property and of patents in particular. Due to the alleged problems of international theft and pirating of patents, the recent GATT negotiations saw intellectual property law come to center stage in the debate over trade. These negotiations concluded that trade-related aspects of intellectual property law can no longer be left to the public policy of individual countries, but require new international minimum standards.

The author discusses how the basic principles of natural rights theory have been used to convince the world community to move toward …

Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson

Journal Articles

Jefferson Powell's recent book, The Moral Tradition of American Constitutionalism, was the point of departure for a series of short papers and conversations held in March of 1996 at the Notre Dame Law School.

The conversation began with a presentation by Professor Joseph Vining. His remarks were followed by a free-flowing conversation, loosely orchestrated by Professor Robinson, among the participants. After a break, the conversation was restarted with a presentation by Professor Maura Ryan, followed once again by a loosely orchestrated conversation. We turn first to Joseph Vining.

Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett

Journal Articles

Not long ago, the welfare reform debate took a provocative turn. New Jersey welfare recipients challenged the state's Family Cap rule, which denied additional cash aid to parents who conceive children while on welfare. Welfare rights activists argued that the rule "with[held] benefits to see if [this would] alter human behavior." They insisted that the innovative, but stern, Family Cap rules were effectively experiments on welfare recipients without their consent.

This is a powerful argument. After all, consent enjoys talismanic—if not sacramental—status in modem life and thought; it is our "master concept." But why? Why should consenting mean so much …

Dean V. The District Of Columbia: Goin' To The Chapel And We're Gonna Get Married, Heather Hodges

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

Michigan Journal of Race and Law

This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in …

The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson

Michigan Journal of Race and Law

This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.

The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner

Michigan Journal of Race and Law

This Article focuses on one particular aspect of the colorblind thesis: the misuse of Martin Luther King, Jr.'s image and legacy by liberals, neoliberals, conservatives, and neoconservatives "who cheaply invoke Dr. King's words even as they kill the substance and spirit of his radical message." The campaign supporting the adoption of Proposition 209, the California Civil Rights Initiative ("CCRI"), directly illustrates the misappropriation of King's legacy. Supporters of this anti-affirmative action proposal which calls for racial neutrality and a colorblind America, regularly invoked King's name, suggesting that he would have embraced such a measure. The California Republican Party prepared a …

Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch

Duke Environmental Law & Policy Forum

In 1994, the Ninth Circuit affirmed standing for citizens to sue to compel the EPA Administrator to undertake a statewide TMDL program. Although the citizens had standing for only some of the water-quality-limited waters in Alaska, the court held that the underlying cause of action was the EPA's failure to initiate the TMDL process for Alaska. This Note proposes that the court improperly reasoned its way to the correct holding. Like the EPA, the court confused standing to sue with the ultimate scope of the remedy. This Note proposes a three-step analysis to consider issues of standing and remedy. The …

Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer

Duke Environmental Law & Policy Forum

INTRODUCTION I crashed into the thick secondary growth, stopping suddenly to duck a certain branch in my path: a fat black bullet ant crawled along it with indifference, an attitude that would have quickly changed had I brushed up against him. I headed toward the large patch of Heliconia just to the right. We had earlier mapped out the clump, and finding it to contain seventeen flower clusters, it was one of the prize patches in the study plot. I took my spot ten paces from the outer clusters, started my stop watch, and waited with field book in hand. …

Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning

University of Florida Journal of Law & Public Policy

No abstract provided.

Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii

University of Florida Journal of Law & Public Policy

No abstract provided.

Department Of Fisheries Annual Report 1995-1996, Department Of Fisheries, Western Australia

Department of Fisheries Annual Reports

In accordance with Section 62 of the Financial Administration and Audit Act 1985, I submit for your information and presentation to Parliament the Annual Report of the Fisheries Department for the financial year ending 30 June 1996.

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.

Succeeding In Law School: A Comparison Of Woman's Experience At Brooklyn Law School And The University Of Pennsylvania, Marsha Garrison, Brian Tomko, Ivan Yip

Faculty Scholarship

No abstract provided.

Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski

Journal Articles

No abstract provided.

A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke

Journal Articles

No abstract provided.

The Right To Stay, Patrick M. Mcfadden

Vanderbilt Journal of Transnational Law

People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

Articles

The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male 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, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford

Cardozo Journal of Equal Rights & Social Justice

The legal system should consider unique circumstances when sentencing mothers who kill their children, focusing on mitigating factors such as mental state, abuse history, and societal pressures, rather than applying uniform punishments.

Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer

Fordham Law Review

No abstract provided.

A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec

Fordham Law Review

No abstract provided.

Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey

Fordham Law Review

No abstract provided.

A Wolf In Sheep's Clothing?: A Critical Analysis Of Justice Harlan's Substantive Due Process Formulation, Anthony C. Cicia

Fordham Law Review

No abstract provided.

Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland

Fordham Law Review

No abstract provided.

Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald

Fordham Law Review

No abstract provided.

Same-Sex Sexual Harassment Under Title Vii, Dale Carpenter

Faculty Journal Articles and Book Chapters

Title VII of the Civil Rights Act of 1964 prohibits private employment discrimination on the basis of "sex." In 1986, the United States Supreme Court interpreted the "no sex discrimination" command of Title VII to forbid sexual harassment on the job. In the wake of Meritor Savings Bank v. Vinson, perhaps no single area of the law is in a greater state of flux than the question of whether sexual harassment by a member of one sex against a member of the same sex is actionable under Title VII.

This Article examines the state of federal law on the …

Applying The Park City Principles To The Endangered Species Act, Mark Squillace

Publications

No abstract provided.

Independent Adotion: In Whose Best Interest?, Susan A. Munson

Seton Hall Law Review

No abstract provided.