Digital Commons Network^™

New Export Controls For Chemicals On The Horizon?, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Uniform Adoption Act's Health Disclosure Provisions: A Model That Should Not Be Overlooked, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Law And Ignorance: Genetic Therapy And The Legal Process, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Original Constitution And Our Origins, John O. Mcginnis

Articles

The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …

Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder

Articles

The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

Articles

The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Separating From Children, Carol Sanger

Faculty Scholarship

On September 1, 1939, in anticipation of the imminent German bombing of British cities, 150,000 children were assembled at the railway stations of London and sent throughout the day to "'destinations unknown'" in the English countryside. Mothers and children under five were evacuated together but school-age children were shipped out to rural billets in school groups, accompanied only by their teachers and civil defense volunteers. Forty years later, an observer remembered the day vividly:

[T]he mothers [were] trying to hold back their tears as they marched these little boys and girls in their gas masks into the centre …. The …

Changing Times: The Apa At Fifty, Peter L. Strauss

Faculty Scholarship

In early October 1995, Walter Gellhorn helped to open a National Archives display commemorating the fiftieth birthday of the Administrative Procedure Act ("APA"). That Act had begun to take shape just prior to World War II, when Gellhorn had directed the Attorney General's Committee on Administrative Procedure. Created in response to a political spasm of legislative activity that produced a "reform" bill President Roosevelt vetoed, Gellhorn's committee engaged in a thorough and careful survey of administrative agencies and their procedures. In the end, the committee produced twenty-seven monographs describing the variety of decision-making processes employed by the agencies and a …

Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young

All Faculty Publications

This essay explores the apparent triumph of the individual of classical liberalism in Supreme Court decision making. Our analysis examines the particular way in which this political imagery of the individual interacts with judicial assumptions about important social institutions: the family, religion, media, and the state. What is revealed is the judicial adoption of an intricate social and political map in which abstract individualism combines with, and often masks, traditional, conservative images of social order and moral choice.

Against Market Rationality: Moral Critiques Of Economic Analysis In Legal Theory, Jane B. Baron, Jeffrey L. Dunoff

Cardozo Law Review

Sometimes, apparently unrelated bodies of thought turn out to contain and express common themes. To our surprise, we found a set of common themes and concerns running through three bodies of theory that might otherwise appear unconnected: environmental ethics, civic republicanism, and commodification. In very different contexts, authors in all three areas seemed to ask some very similar questions. Collected together, these questions comprise a novel critique of the economic analysis of law-a "moral" critique that is quite different from technical and distributional critiques that have been offered in the past.

Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh

Cardozo Law Review

In Part I of this Article, I briefly trace the history of racism, sexism, and class bias in western scientific thought as well as the legal consequences that ensued in this country from scientific prejudice. In Part II, I turn to eugenics in our own time and explore the sterilization abuse of poor women of color as a disguised form of eugenics. I argue that the lack of popular sympathy for the reproductive problems of these women, due to their negative dehumanizing stereotyping and the pervasive influence of sociobiology, facilitates public acceptance of harsher measures in the future. I refer, …

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.

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

Faculty Scholarship

Important scientific discoveries in the field of human genetics have been reported in the nation's major newspapers since the beginning of the decade, and these discoveries have given rise to a multi-billion dollar industry. Mr. Malinowski and Professor O'Rourke explore the impact of federal policy on the field and the resulting industry. They argue that federal policy in support of genetics research and development has not been followed by the introduction of regulatory and health policy necessary for the efficient and responsible commercialization of the industiy's products. As a consequence, Mr. Malinowski and Professor O'Rourke suggest, federal policy may have …

Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas

Faculty Scholarship

When I was invited to give this talk I thought, "I'll just give my standard slide show on death in America." I thought I would just talk about the right to die, something I can do in my sleep, and everybody would be happy. And you probably would, since it's a pretty good speech. I am going to give it at a Pennsylvania Judges Conference in a couple of weeks, and they will like it. But it is not very challenging, either for me or for you. So, what I want to explore with you today is how judges have …

The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas, Arthur Caplan, Sherman Elias

Faculty Scholarship

[...]abortion is about more than politics; it is fundamentally about ethics, morals, equality, and religion, and how we think about abortion reveals much about how we are likely to think about other life-and-death issues in contemporary American medical practice. Because politics as currently practiced seems so unprincipled, there have been sporadic attempts to redefine abortion-related issues as ethical questions and to set up national panels and advisory groups to examine various practices and make recommendations about their ethics.

Questing For Grails: Duplicity, Betrayal And Self-Deception Postmodern Medical Research, George J. Annas

Faculty Scholarship

Contemporary physicians and scientists often describe their experi-
ments as part of a search for the "Holy Grail." Sometimes this quest is
expressed more specifically, as when the Human Genome Project is de-
scribed as a search for the "Holy Grail of biology."1 This rhetoric sug-
gests that experimental work is holy, God's work, and that the results will
prove miraculous and good for everyone. But this type of blind devotion
produces uncritical action that can ultimately destroy values essential to
human dignity.

"Irresponsible" Reproduction, Linda C. Mcclain

Faculty Scholarship

In recent years, there have been countless calls for reversing the rise in irresponsibility in American society.' Calls for restoring personal responsibility in both private and political life sound from both of the major political parties as well as from various cultural critics, pundits, and academics. 2 Proponents of a return to personal responsibility wage their battle on numerous fronts, advocating a cultural revolution, a moral revival, and a recovery of "virtue" to bring about a reformation of attitudes and behaviors regarded as troublesome. 3 Many voices now urge that law and public policy should encourage, or require, personal responsibility …

"Irresponsible" Reproduction, Linda C. Mcclain

UC Law Journal

A prominent target of recent calls to restore personal responsibility through changes in law and public policy is "irresponsible" reproduction: a cluster of reproductive behaviors and choices including "illegitimacy," single-parent families, divorce, abortion, and adolescent sexual activity and parenthood. In this Article, Professor McClain critically evaluates the rhetoric of irresponsible reproduction. She identifies three paradigmatic models of irresponsibility-the single mother, the welfare mother, and the teen mother-and the three corresponding aspects of irresponsibility-immorality, unaccountability, and incapacity. Focusing upon the recent national debates over welfare reform, she argues that the rhetoric of irresponsible reproduction cannot serve as an adequate basis for …

Assisted Reproductive Technology And The Family, John A. Robertson

UC Law Journal

In his Article, Professor Robertson addresses policy issues related to the use of assisted reproductive technologies (ARTs) and the industry which they have spawned. The Article identifies four major areas of policy issues relating to ARTs: medical efficacy, access to ARTs, legal infrastructure, and regulation. The Article focuses on the latter two: legal infrastructure and regulation.

Professor Robertson contends that, although ARTs can be used to form families that differ from the traditional notion of a family (in which children are produced coitally and are genetically related to both parents), ARTs should not be seen as a threat to this …

Assisted Reproductive Technology And The Threat To The Traditional Family, Radhika Rao

UC Law Journal

In Professor Rao's article, she responds to Professor Roberts' and Professor Robertson's seemingly divergent views on new reproductive technologies. Specifically, she contrasts Professor Robertson's advocacy of Constitutional protection for all procreative opportunities with Professor Robert's more skeptical view of new reproductive technologies and the racial hierarchy she suggests they create. Finally, Professor Rao warns that if left unchecked, the new reproductive technologies may broadly undermine the traditional family paradigm.

Illicit Reasons And Means For Reproduction: On Excessive Choice And Categorical And Technological Imperatives, Michael H. Shapiro

UC Law Journal

Professor Shapiro analyzes the modes of assisted reproduction available and the ramifications of taking advantage of these reproductive techniques. His analysis includes the effect of choice on individuals, motivations for using reproductive technology, the Constitutionality of enforcing agreements surrounding reproductive technology and whether reproductive technology is an appropriate use of persons under the second formulation of Kant's categorical imperative.

Professor Shapiro also addresses common criticisms of new reproductive technologies and collaborations (NRTCs). Professor Shapiro disagrees with broad condemnations of reproductive technology. He warns against dismissing NRTCs based only on a fear of new technology or a preexisting impression of societal …

Race And The New Reproduction, Dorothy E. Roberts

UC Law Journal

Many legal scholars and social commentators have heralded the new reproductive technologies as inherently progressive and liberating since not only do they enable sterile families to bear their own children, but they also permit novel family arrangements.

In her essay, however, Professor Dorothy Roberts argues that these technologies serve to reinforce the status quo, rather than to challenge it. In particular, Roberts argues that race influences the choice of in vitro fertilization. Roberts focuses on the negative impact that images of and the racial disparity in the choice of in vitro fertilization have on racial inequality in America. She argues …

Speech By Dean Mary Kay Kane, Mary Kay Kane

UC Law Journal

No abstract provided.

Twelve Steps, You're Out (Of Prison): An Evaluation Of "Anonymous Programs" As Alternative Sentences, Ethan G. Kalett

UC Law Journal

America's increasingly aggressive anti-drug policies place extreme burdens on the courts, prisons, and probation programs. Yet despite these "zero tolerance" policies, drug addiction and alcoholism continue to rise. Recent evidence shows that addiction is a treatable condition, and that providing such treatment to certain types of convicted criminals can reduce recidivism. But providing such treatment can be time consuming and costly. Consequently, courts are taking increasing advantage of using Twelve Step programs like Alcoholics Anonymous as low-cost, readily available treatment alternatives.

This Note explores whether diverting criminals to Twelve Step programs adequately safeguards the needs and aims of the criminal …

A Child's Right To Be Gay: Addressing The Emotional Maltreatment Of Queer Youth, Sonia Renee Martin

UC Law Journal

Queer youth constitute an isolated and invisible population severely in need of help from all segments of society. They are harassed and rejected by their peers, the media, and the public in general. Queer youth are the most at-risk population of adolescents for suicide, homelessness, substance abuse, prostitution, and HIV infection. Most critically, queer youth often do not receive the necessary familial support needed to cope in such an environment. To the contrary, they are emotionally maltreated by their parents more often than any other group of adolescents.

The author asserts that it is imperative for the legal system to …