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Articles 32041 - 32070 of 39146
Full-Text Articles in Entire DC Network
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito
The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito
Fordham International Law Journal
After the end of the Cold War, a number of welcome indications, such as attaining peace in Cambodia and the admission of Vietnam to ASEAN membership, signaled that the Asian-Pacific region was headed into a more predictable era. The Asian countries were becoming more mature politically, and this political stability in turn engendered eye-opening economic growth. However, the end of the Cold War in and of itself, did not remove any of the various causes of tension and confrontation in Asia. In northeastern Asia in particular, destabilizing factors continue to exist unabated: a divided nation remains, territorial disputes continue, a …
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris
Fordham International Law Journal
This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.
Recipe For Reauthorization Of The Endangered Species Act, William Snape Iii
Recipe For Reauthorization Of The Endangered Species Act, William Snape Iii
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson
The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …
Constitutional Questions Regarding Grandparent Visitation And Due Process Standards, Mark Moody
Constitutional Questions Regarding Grandparent Visitation And Due Process Standards, Mark Moody
Missouri Law Review
Faced with an increase in broken families, a more mobile society, and increased violence among children of all ages, legislatures have responded with a wide range of statutes and programs designed to combat the perceived decline in the family unit. An example of the lawmakers' response is the promulgation of "grandparent visitation statutes."' However, questions have arisen regarding the constitutionality of such statutes. This Note will discuss the constitutionality of grandparent visitation statutes in the context of Herndon v. Tuhey, the recent decision upholding the Missouri grandparent visitation statute. This Note will argue that the standard used by the Missouri …
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Journal of Dispute Resolution
This article (by a concerned supporter) explores this criticism of mediation. Part II surveys the critics who argue that mediation's informality and lack of procedure disadvantages members of minority groups and women. Part II then takes the next step that the critics have not taken, explaining how mediation could affect adversely disadvantaged groups. Part III suggests solutions to the problem which involve a greater level of mediator intervention than is generally accepted and defends these solutions.
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.
Shaping A Sustainable Planet: The Role Of Nongovernmental Organizations, Patricia Waak
Shaping A Sustainable Planet: The Role Of Nongovernmental Organizations, Patricia Waak
Colorado Environmental Law Journal
No abstract provided.
Not Just For Widows & Orphans Anymore: The Inadequacy Of The Current Suitability Rules For The Derivatives Market, Jennifer A. Frederick
Not Just For Widows & Orphans Anymore: The Inadequacy Of The Current Suitability Rules For The Derivatives Market, Jennifer A. Frederick
Fordham Law Review
No abstract provided.
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
Northwestern Journal of International Law & Business
On June 5, 1992, the Convention on Biological Diversity was introduced for signature at the so-called "Earth Summit" in Rio de Janeiro. The Convention was one of four international agreements proposed at the Earth Summit. The Convention's explicit objectives are to conserve the Earth's biological diversity (or "biodiversity") for future generations, to exploit this biodiversity in a sustainable way and to share the benefits of biodiversity in a fair and equitable manner. Biological diversity is defined as "the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which …
The Crime Of "Knowing Endangerment" Under The Clean Air Act Amendments Of 1990; Is It More "Bark Than Bite" As A Watchdog To Help Safeguard A Workplace Free From Life-Threatening Hazardous Air Pollutant Releases?, John Gibson
Fordham Environmental Law Review
No abstract provided.
The Drug Testing Project In International Sports: Dilemmas In An Expanding Regulatory Regime, James B. Jacobs, Bruce Samuels
The Drug Testing Project In International Sports: Dilemmas In An Expanding Regulatory Regime, James B. Jacobs, Bruce Samuels
UC Law SF International Law Review
Over the past two decades testing for performance enhancing drugs has become central to the legitimacy of international sport. A constant battle exists between athletes and coaches seeking to enhance performance at almost any cost and sporting authorities that deem the use of performance enhancing drugs illegal. As more methods of enhancement are discovered, the list of banned substances continues to grow, making enforcement more complex. Recently various sporting bodies, realizing that competition testing is ineffective in detecting the most commonly used drugs, have begun monitoring elite athletes year round and testing them around the world on short notice. For …
The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso
The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso
St. Thomas Law Review
In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity, read: "For the demarcation of indigenous lands." It was very charming, but none of us knew exactly its real meaning and implications. As far as I can remember, that was the first time I ever cared about Indians. …
Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson
Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson
St. Thomas Law Review
The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …
Overview Of The Indian Child Welfare Act, Michael C. Snyder
Overview Of The Indian Child Welfare Act, Michael C. Snyder
St. Thomas Law Review
This article provides an overview of these basic Indian Child Welfare Act (ICWA) requirements and judicial interpretations of these requirements. It also includes references to the Federal Guidelines for State Courts. These Guidelines do not have the binding legislative effect of federal regulations, but are helpful in interpreting the ICWA.
The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross
The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross
Michigan Journal of International Law
The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Scholarly Articles
Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii
Scholarly Articles
The debate over the scope of the concept of reasonableness - its application and use in testing the legality of normative conduct - is of long standing. Recently, it has been suggested that reasonableness be substituted for both legal and moral rightness. I go further in this Article and suggest reasonableness incorporates the goal of economic efficiency and that it is tested or shaped by a simple cost-benefit model that has its legal etiology in the equitable principle of balancing that, in turn, has its roots in the principle of Sic utere tuo ut alienum non laedas, or So use …
Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien
Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien
Scholarly Articles
A domestic partnership is a business or political recognition of two adults seeking to share benefits normally conferred upon married couples. To date, partnerships have conferred benefits only; the most logical progression is for partnerships to include responsibilities of support, commitment and obligation within the economic partnership construct of emerging family law. When this occurs, heterosexual couples may lack incentive, but homosexual couples will achieve surer due process recognition regardless of same-sex marriage litigation.
From Microbe To Man, Mark O. Hatfield
From Microbe To Man, Mark O. Hatfield
Animal Law Review
Federal policy toward animal patenting and current issues in bioethics.
How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise
How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise
Animal Law Review
The development of the common law as it concerns the relationships between human and nonhuman animals.
Direct Democracy: The Right Of The People To Make Fools Of Themselves; The Use And Abuse Of Initiative And Referendum, A Local Government Perspective, Daniel M. Warner
Direct Democracy: The Right Of The People To Make Fools Of Themselves; The Use And Abuse Of Initiative And Referendum, A Local Government Perspective, Daniel M. Warner
Seattle University Law Review
The Framers of the United States Constitution did not embrace direct, populist democracy. They rejected the Swiss model of direct legislation' and chose a system of representative-republican, not democratic-government that would, as James Madison wrote, "enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial [partisan] considerations." Representative democracy presumes that an informed electorate will choose wise legislators. Direct democracy, by extension, demands that citizens …
Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg
Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Casting A Net Into Turbulent Waters: Indian Salmon Fishing Rights In Canada And The United States, Brian R. Campbell
Casting A Net Into Turbulent Waters: Indian Salmon Fishing Rights In Canada And The United States, Brian R. Campbell
UC Law Environmental Journal
No abstract provided.
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin
The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin
Maryland Law Review
No abstract provided.
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Washington and Lee Law Review
No abstract provided.
The Carolene Products Footnote And The Preferred Position Of Individual Rights: Louis Lusky And John Hart Ely Vs. Harlan Fiske Stone, Peter Linzer
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
The Future Of Organ Transplantation: From Where Will New Donors Come, To Whom Will Their Organs Go?, Mark F. Andeson
The Future Of Organ Transplantation: From Where Will New Donors Come, To Whom Will Their Organs Go?, Mark F. Andeson
Health Matrix: The Journal of Law-Medicine
No abstract provided.