Digital Commons Network^™

Culture, Cash Or Calories: Interpreting Alaska Native Subsistence Rights, Jeremy David Sacks

Alaska Law Review

No abstract provided.

The New Logic Of Affirmative Action, Charles W. Collier

UF Law Faculty Publications

Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of “affirmative action,” and these have been amply documented elsewhere. My primary concern is with what might be termed the “logic” of affirmative action.

Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky

UF Law Faculty Publications

This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.

Domestic Relations, Barry B. Mcgough

Mercer Law Review

The survey year produced forty-two family law appellate decisions. Of that number, sixteen are digested here. Three cases and new legislation require strict application of the child support guidelines. Two decisions refine the theory of equitable division of property. Grandparents can no longer seek judicially proscribed visitation rights. Parents can now be directed to insure their lives for the benefit of their minor children.

Santiago V. Sherwin-Williams Co.: Rejection Of Market Share Liability In Lead-Based Paint Litigation, Shirley H. Fang

Buffalo Law Review

No abstract provided.

Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman

Buffalo Law Review

No abstract provided.

Gender Equity In Intercollegiate Athletics: A Commitment To Fairness, Jennifer L. Henderson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

And The Poor Have Children: A Harm-Based Analysis Of Family Caps And The Hollow Procreative Rights Of Welfare Beneficiaries, Yvette Marie Barksdale

Minnesota Journal of Law & Inequality

No abstract provided.

When Private Goes Public: Legal Protection For Women Who Breastfeed In Public And At Work, Danielle M. Shelton

Minnesota Journal of Law & Inequality

No abstract provided.

The New Logic Of Affirmative Action, Charles W. Collier

Duke Law Journal

No abstract provided.

Volume 19, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Douglas A. Isbister, Linda E. Klaamas, Kenneth P. Serné

Photography: David Swayze

Production Editor: Kevin Kimmis

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller

Oregon Law Institute, 1995

Course Materials from the November 17, 1995 Program in Portland

Energy And Water Development Appropriations Act Of 1996, Title V, General Provisions, Sec 507, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Energy and Water Development Appropriations Act of 1996, General Provisions (Nov. 13, 1995) (PL 104-46, Title V, § 507, 109 Stat. 402, 419 )The DOI Secretary is to proceed with construction of facilities in conformance with the Oct. 25, 1991 final Biological Opinion for the Animas-La Plata Project, Colorado and New Mexico. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ46/pdf/PLAW-104publ46.pdf]

Miller V. Minister Of Defence, Eliahu Mazza, Dalia Dorner, Tova Strasberg-Cohen, Yaakov Kedmi, Tzevi Eliyahu Tal

Translated Opinions

Facts: The petitioner asked the army to assign her to the air force for training as a pilot. The army refused, since it was established policy not to train women as pilots. The army’s reasoning was based on the length of service: by law, men are obliged to serve until the age of 54, whereas women are only obliged to serve until the age of 38, and they are exempt if they are pregnant or have children. Consequently, the army argued, the huge investment involved in training a pilot could not be justified for women, and planning for the deployment …

Cases To Watch

Journal of Environmental and Sustainability Law

No abstract provided.

Is Democracy Like Sex?, Glenn Harlan Reynolds

Scholarly Works

As Mancur Olson observed in "The Rise And Decline Of Nations," successful nations are prey to a "web of special interests" that produces calcified legislation inhibiting economic growth and liberty in support of existing special interests. By way of comparison to evolutionary biology and theories about the role of sexual reproduction in promoting resistance to parasitism, this paper looks at the role of democracy, federalism, and limited federal government powers in reducing special-interest parasitism in the American polity.

Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Life Death And Public Policy , Larry I. Palmer

Cornell Law Review

No abstract provided.

Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg

Michigan Law Review

In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Articles

Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.

Owning Our Bodies: An Examination Of Property Law And Biotechnology, Richard Gold

San Diego Law Review

This Article examines whether property law provides an appropriate forum for determining who should have rights in human biological materials. Property law is discussed and examined with reference to the complex and diverse ways that American society values human biological materials. The author argues that property law allocates goods according to market values. Because certain values, such as dignity and autonomy, cannot readily be translatable into market values, this Article concludes that property law is not sufficient to deal with the non-market aspects of human biological materials.

Is Democracy Like Sex?, Glenn H. Reynolds

Vanderbilt Law Review

Despite the end of the Cold War, democracy seems to be in bad shape these days. In fact, there has been a modest boom in books and commentary proclaiming either the inadequacy of democracy or its imminent demise. According to at least one commentator, we face the possibility that American democracy will turn out to be a failure. Much has also been made of the gloomy assessments of American democracy contained in recent books by Christopher Lasch and Jean Bethke Elshtain. Such gloom seems a natural follow-on to the generally negative evaluations of democracy as a decision-making device provided by …

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.

Sharing Public Land Decision Making: The Quincy Library Group Experience [Includes First Three Items From Appendix A], Michael B. Jackson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

25 pages (includes illustrations).

Contains 1 reference.

Includes first three items from Appendix A.

State Primacy, Federal Consistency Or Federal-State Consensus: Can Cooperative Federalism Models From Other Laws Save The Public Lands?, Hope M. Babcock

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

18 pages.

Contains references.

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

The Benefits Of Professional Public Land Management, Elizabeth Estill

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

13 pages (includes illustration).

Contains references.

Faculty Addendum, Gregg Renkes

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

1 page.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …