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Anatomy Of A Debate: Intersectionality And Equality For Deaf Children From Non-English Speaking Homes - Counterpoint, Alexandra Natapoff Apr 1995

Anatomy Of A Debate: Intersectionality And Equality For Deaf Children From Non-English Speaking Homes - Counterpoint, Alexandra Natapoff

The Journal of Law and Education

No abstract provided.

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Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander Apr 1995

Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander

Dalhousie Law Journal

This article addresses the collapse of Atlantic groundfish stocks in terms of its significant social and economic impact. How had so many people become dependent on this modest resource? What circumstances contributed to creating a hidden underemployed class in the fishing industry? The analysis adds to the thesis that public support of unproductive industry and income support systems underlie the current crisis, creating barriers to a viable future for the Atlantic Fishery. The authors draw on comparisons with the economy of the former Soviet Union where central planning of an economy based on state owned common property failed to harness …

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The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles Apr 1995

The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles

Dalhousie Law Journal

While many explanations have been proposed for the 1990s Atlantic Canadian groundfishery collapse-ranging from "natural causes" to over-fishing and damaging technologies, to failures of fishery management and science-this paper examines the possibility that underlying these, at the roots of the collapse, liae set of entrenched attitudes that have driven fishery decision making. These attitudes, about the natural world, about management and about how the fishery should function, became influential especially where they prevailed at the institutional level, as the accepted wisdom among the dominant players in government and the fishery. Four sets of conservation-related attitudes are considered, dealing with (1) …

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Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen Apr 1995

Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen

Dalhousie Law Journal

This paper examines some of the basic economic, political and scientific assumptions we have utilized to organize fisheries activities in the North Atlantic. In particular, we discuss and criticize our commitments to corporate economic organization, centralized administrative structures, and conventional science. In addition, we raise questions about the obligation of our respective nation-states to the coastal communities which have most directly been affected by the social policies emanating from our institutional commitments.

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What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair Apr 1995

What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair

Dalhousie Law Journal

Fisheries managers should really be attempting to manage the fishing fleets and the processing industry, not the fish. Consequently we argue that effective management ought to take an eco-systems approach that is necessarily interdisciplinary, incorporating both natural and social sciences. We ascribe the inadequate results of existing management regimes to scientific uncertainty, political pressures, the regulations' lack of legitimacy among fishers, and excessive reliance on individual fishers (rather than households and communities) as the unit of analysis. In a new interdisciplinary approach, we emphasize the contribution of social science in helping to understand what is defined as Scientific knowledge, how …

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Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston Apr 1995

Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston

Dalhousie Law Journal

This paper reviews the evolution of fishery management as a field of crossdisciplinary inquiry and suggests that each participating discipline tends to be attracted to its own range of explanatory theories and to its own stock of relevant data. Impacts of fishery failure are experienced at different levels of society, each suggesting a different approach to remedial action. The fishery collapse in Atlantic Canada should be studied from a comparative perspective in order to gather ideas on how to cope more effectively with the socio-economic consequences. Above all, however, the disaster should be seen as an unprecedented challenge for the …

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To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood Apr 1995

To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood

Dalhousie Law Journal

The collapse of the Atlantic groundfish fishery is the result of a complex combination of factors including scientific uncertainties, overfishing, poor results in capacity control, and ecological conditions. It is argued that the root cause of the collapse is that the foundation of groundfish management since 1977 has been single species quotas rather than a sound set of principles for fisheries resource husbandry. The implications of this for science, management, and the fish are discussed and a principle based management structure is proposed.

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The Anti-Chlorine Campaign In The Great Lakes: Should Chlorinated Compounds Be Guilty Until Proven Innocent?, Alana M. Fuierer Apr 1995

The Anti-Chlorine Campaign In The Great Lakes: Should Chlorinated Compounds Be Guilty Until Proven Innocent?, Alana M. Fuierer

Buffalo Law Review

No abstract provided.

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National Security Exemptions In Federal Pollution Laws, Amy Sheridan Apr 1995

National Security Exemptions In Federal Pollution Laws, Amy Sheridan

William & Mary Environmental Law and Policy Review

No abstract provided.

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Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews Apr 1995

Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews

Dalhousie Law Journal

This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …

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The Role Of Risk Assessment, Risk Management, And Risk Communication In Environmental Law, Sheldon Leigh Jeter Apr 1995

The Role Of Risk Assessment, Risk Management, And Risk Communication In Environmental Law, Sheldon Leigh Jeter

Southeastern Environmental Law Journal

No abstract provided.

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The Biological Alteration Cases, Sheldon Gelman Apr 1995

The Biological Alteration Cases, Sheldon Gelman

William & Mary Law Review

No abstract provided.

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The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller Apr 1995

The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller

William & Mary Law Review

No abstract provided.

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A Plea For The Total Ban Of Land Mines By International Treaty, Norman B. Smith Apr 1995

A Plea For The Total Ban Of Land Mines By International Treaty, Norman B. Smith

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Action For Wrongful Life, Wrongful Pregnancy, And Wrongful Birth In The United States And England, Anthony Jackson Apr 1995

Action For Wrongful Life, Wrongful Pregnancy, And Wrongful Birth In The United States And England, Anthony Jackson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Sounds Of Silence: The Supreme Court And Affirmative Action, Adam Winkler Apr 1995

Sounds Of Silence: The Supreme Court And Affirmative Action, Adam Winkler

Loyola of Los Angeles Law Review

No abstract provided.

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The Schizophrenia Of Risk-Benefit Analysis In Design Defect Litigation, Michael D. Green Apr 1995

The Schizophrenia Of Risk-Benefit Analysis In Design Defect Litigation, Michael D. Green

Vanderbilt Law Review

To employ a well-worn, but nevertheless appropriate cliche, it is a genuine honor to participate in the Vanderbilt Law Review's memorial to Dean John Wade. Wade stands tall as a leading figure of legal academe in the twentieth century. While I have profited from many illuminating hours with his scholarship, I regret that my association with him personally was limited to one lengthy luncheon meeting, still vivid, despite the passage of many years. I still recall his kindliness and gentility, his dry, but very real sense of humor, his humility and vigilance in avoiding taking himself too seriously, his thoughtfulness …

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The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield Apr 1995

The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield

Osgoode Hall Law Journal

In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.

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Nahmani V. Nahmani, Tova Strasberg-Cohen, Aharon Barak, Dov Levin, Itzchak Zamir, Tzevi Eliyahu Tal Mar 1995

Nahmani V. Nahmani, Tova Strasberg-Cohen, Aharon Barak, Dov Levin, Itzchak Zamir, Tzevi Eliyahu Tal

Translated Opinions

Facts: Ruth and Daniel Nahmani, a married couple, were unable to have a child because of an operation that Ruth underwent. They therefore decided to try in-vitro fertilization of Ruth’s ova with Daniel’s sperm and implanting the fertilized ova in a surrogate mother. Under Israeli law, surrogacy was not permitted and in-vitro fertilization was only permitted for implantation in the mother. Because of the great expense of the in-vitro fertilization procedure in the United States, the couple petitioned the Supreme Court, sitting as the High Court of Justice, to allow the in-vitro fertilization procedure to be conducted in Israel, for …

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We Have Nothing To Fear But Gender Stereotypes: Of Katie And Amy And Babe Feminism , Linda J. Lacey Mar 1995

We Have Nothing To Fear But Gender Stereotypes: Of Katie And Amy And Babe Feminism , Linda J. Lacey

Cornell Law Review

No abstract provided.

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Resolving Technological Controversies In Regulatory Agencies, Sidney A. Shapiro Mar 1995

Resolving Technological Controversies In Regulatory Agencies, Sidney A. Shapiro

RISK: Health, Safety & Environment (1990-2002)

Professor Shapiro notes that, e.g., advisory committees may increase technical accuracy at the price of delaying already slow rule making and urges Congress and the courts to provide agencies with broad procedural discretion.

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Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert Mar 1995

Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert

RISK: Health, Safety & Environment (1990-2002)

Review of: Dorothy J. Howell, Scientific Literacy and Environmental Policy- The Missing Prerequisite for Sound Decision Making (Quorum Books 1992). Acknowledgements, bibliography, epilogue, index, introduction. LC 91- 36028; ISBN 0-89930-616-0. [181 pp. Cloth $45.00. One Madison Ave., New York, NY 10010.1

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Review Of: Dorothy J. Howell, Ecology For Environmental Professionals (Quorum Books 1994), Karla Sievers Mcmanus Mar 1995

Review Of: Dorothy J. Howell, Ecology For Environmental Professionals (Quorum Books 1994), Karla Sievers Mcmanus

RISK: Health, Safety & Environment (1990-2002)

Review of: Dorothy J. Howell, Ecology for Environmental Professionals (Quorum Books 1994). Appendices, bibliographical references, figures, glossary, index, preface, tables. LC 93-5580; ISBN 0-89930-745-0 [215 pp. Cloth $59.95. 88 Post Road West, Westport, CT 06881.]

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The Forum (Volume 25, Number 6), Valparaiso University School Of Law Mar 1995

The Forum (Volume 25, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

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Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1995

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 18, No 1 Edition of the Pacific Studies Journal

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Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels Mar 1995

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels

All Faculty Scholarship

As a law teacher, I have observed these benefits of the case method, particularly with conducive appellate opinions and a skillfully assembled text. But I have also experienced, as I suspect most law teachers have, instances in which a case that lacks a sufficiently revealing narrative seems to mystify more than elucidate. One example is the case of Brown v. Voss, which appears in a number of property law casebooks, including the widely used Property by Jesse Dukeminier and James E. Krier. In Brown v. Voss the State of Washington Supreme Court departs, in a somewhat disingenuous way, from an …

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Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown Mar 1995

Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

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Balancing The Welfare Of Children With The Rights Of Parents: Petersen V. Rogers And The Role Of Religion In Custody Disputes, Gary M. Miller Mar 1995

Balancing The Welfare Of Children With The Rights Of Parents: Petersen V. Rogers And The Role Of Religion In Custody Disputes, Gary M. Miller

North Carolina Law Review

No abstract provided.

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Health Information Privacy, Lawrence O. Gastin Mar 1995

Health Information Privacy, Lawrence O. Gastin

Cornell Law Review

No abstract provided.

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The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten Mar 1995

The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten

Cardozo Law Review

This Essay is primarily about the recent work of Bernard Williams, who is in my opinion the most radical thinker on the question of ethics in the analytic philosophy camp. In fact, Williams's work tests the limits of what we know as analytic philosophy. His project is rigorously deconstructive, yet it has been developed out of the materials of analytic philosophy itself quite independently of Derridean deconstruction. Thus, this project is extraordinarily rich in its resonance, and regardless of whether one comes at it from an analytic or deconstructive background, one is equally likely to find it surprising in its …

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