Digital Commons Network^™

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

Cardozo Law Review

In a deft parody of conventional education-inspired by a vote to put a school system on a year-round schedule-the parodist purports to have unearthed a letter from Huck Finn to Tom Sawyer's aunt, Mrs. Phelps. In the letter, Huck reports on a productive summer spent in school, studying long hours and earning high grades.

Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish

Mercer Law Review

Since the nation's beginning, the concept of federal judicial independence has been almost as confusing to political and constitutional theorists as it is fundamental to the successful operation of our form of constitutional democracy. On the one hand, the Constitution's framers consciously chose to insulate members of the federal judiciary from at least the most acute forms of potential political pressure by expressly providing for the protection of their salary and tenure. On the other hand, the framers simultaneously provided the groundwork to facilitate the exercise of seemingly substantial congressional control of the jurisdiction of the federal courts, thereby potentially …

The Alleged Unaccountability Of The Academic: A Biographical Sketch Of Carl Schmitt, Manfred H. Wiegandt

Cardozo Law Review

In recent years, especially after the breakdown of the Soviet bloc, we have witnessed numerous attempts to establish viable democratic structures in states formerly in the tight grip of dictatorially ruling elites, be it in the countries of the former Communist bloc, at the African Cape, or in Latin America. The questions that concern people in these regions above all are how their systems can be made strong enough to survive the economic crises that go along with establishing democratic frameworks and how the states can ensure the necessary coherence to survive on the background of a lingering challenge by …

Rapa And Risk, Dalton G. Paxman, Kristin S. Shrader-Frechette, Thomas G. Field Jr.

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

Short article prepared by members of the professional organization Risk Assessment & Policy Association (RAPA) describing the work that will be undertaken by the newly formed group.

Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin

William & Mary Law Review

No abstract provided.

Who's Black, Who's White, And Who Cares: Reconceptualizing The United States Definition Of Race And Racial Classifications, Luther Wright, Jr.

Vanderbilt Law Review

How much would it be worth to a young man entering upon the practice of law, to be regarded as a white man rather than a colored one?... Probably most white persons if given a choice, would prefer death to life in the United States as a colored person.... Indeed, [being white] is the master-key that unlocks the golden door of opportunity.

There is no law of the United States, or of the state of Louisiana defining the limits of race-who are white and who are "colored'? By what rule then shall any tribunal be guided in determining racial character? …

Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center

Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)

17 pages.

Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.

In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …

Ndls Update 02/1995, Notre Dame Law School

NDLS Update

No abstract provided.

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Interview With Dean Feerick; PIRC Loses Assistant Director

Two Papers On Environmentalism - I: Environmental Ethics And Value In The World, John Post

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - November 14, 1994.

Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Different, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, cooperative federalism will be needed to manage complex ecological resources for biodiversity conservation. A suggested model employing regional biodiversity management approaches is outlined.

Report: The Impact Of European Union Activities On Sport, Coopers & Lybrand

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney

San Diego Law Review

This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …

Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien

San Diego Law Review

time of this Article, partnerships had conferred benefits only: both business and political. This author argues that domestic partnerships should also include responsibilities of support, commitment and obligation within the economic partnership construct of emerging family law. The author concludes that this inclusion of responsibility in domestic partnerships by homosexual couples would lend credence to due process arguments of both equality and substance.

Economic Incentives And Nonpoint Source Pollution, Chelsea H. Congdon, Terry F. Young, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

Addressing Problems In Evaluating Health-Relevant Programs Through Systematic Planning And Evaluation, Galen E. Cole, Chester L. Pogostin, Bonita J. Westover, Nilka M. Rios

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

The authors argue that inconsistent terminology is often a hindrance in assessing health program implementation, effectiveness and efficiency. Attending closely to this, they propose a model scheme for conducting such evaluations.

The Nova Southeastern Lawyer, 1995, Volume 9, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage

ILSA Journal of International & Comparative Law

The deterioration of the earth's physical environment presently represents a phenomenon which international society has never faced before. The current legal and political approach to global environmental crises appears largely inadequate as an effective response to this deterioration. International law, due to its very foundations, is unable to cope with global environmental degradation as it does not provide a clear and compelling direction for states to work collectively toward a common goal.

Implementing Section 112 Of The Clean Air Act - Sound Cancer Risk Reduction Policy Or Chasing A Rat's Tale?, Stephen Yula

Duquesne Law Review

No abstract provided.

Surrogacy Contracts In The 1990'S: The Controversy And Debate Continues, Susan A. Ferguson

Duquesne Law Review

No abstract provided.

Constitutional Law - Jury Selection - Peremptory Challenges, David M. Seitz

Duquesne Law Review

The United States Supreme Court held that intentional gender discrimination by state actors when exercising peremptory challenges in the jury selection process violates the Equal Protection Clause of the Fourteenth Amendment.

J.E.B. v. Alabama ex rel. T.B., 114 S. Ct. 1419 (1994).

New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Views Of Bay/Delta Water Policy Activists On Endangered Species Issues, Paul A. Sabatier, Matthew A. Zafonte

UC Law Environmental Journal

No abstract provided.

Vol. 5, No. 1 (Winter 1995)

IU Law Update

No abstract provided.

Perceived Risks Of Emfs And Landowner Compensation, Linda J. Orel

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

Although public concerns about EMFs may eventually prove groundless, they can nevertheless depress the market value of residential property near powerlines. Ms. Orel argues that the scientific truth, as courts increasingly recognize, should play no role in determining whether or how much landowners should recover.

Getting Through The Door: Threshold Procedural Considerations In Right-To-Die Litigation, Sharon F. Dipaolo

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

Ms. DiPaolo explains how judges may use mootness, ripeness and standing to avoid getting involved in right-to-die cases. She argues that this may interfere with private decision making and be counterproductive.

The Greening Of Technology Transfer: A Conference Summary, William O. Hennessey

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

Dr. Hennessey briefly reports on an international conference that explored the relationship between patent and other intellectual property laws and those designed to protect the environment and maintain biodiversity.

Review Of: It Just Ain't Fair: The Ethics Of Health Care For African Americans (Annette Dula & Sara Goering Eds.), Carrie Anne Juliano

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

Review of: It Just Ain't Fair: The Ethics of Health Care for African Americans (Annette Dula & Sara Goering eds., Praeger 1994) About the editors and contributors, acknowledgements, bibliography, foreword by Mark Siegler, index, notes. L.C. 93-43780, ISBN 0-275-94494-8. [ 336 pp. Paper $19.95. P.O. Box 5007, Westport CT 06881-5007.]

The Value Of Punishment: A Response To Judge Richard L. Nygaard, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Conserving Biodiversity On Private Lands, David Farrier, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

19 p. ; 28 cm