Digital Commons Network^™

Medical Decision-Making For Children: A Struggle For Autonomy, Erin A. Nealy

SMU Law Review

No abstract provided.

Hiv Home Testing And The Fda: The Case For Regulatory Restraint, Steven R. Salbu

UC Law Journal

Since the late 1980s, the FDA has adopted a de facto ban on human immuno-deficiency (HIV) home-testing kits. This ban has remained FDA policy even though many individuals, including those in high risk groups, have still not been tested for HIV. While pressure from the new Congress may eventually result in a change in FDA policy toward HIV home testing, the FDA presently continues to resist that change.

Professor Salbu argues that the FDA should never have adopted a blanket ban on HIV home-testing kits. He maintains that the ban was the result of speculation of psychological problems that might …

A Dead Man's Tale: Regulating The Right To Bequeath Sperm In California, Lisa M. Burkdall

UC Law Journal

In 1993 California courts considered a case of first impression in America: whether a man has the right to bequeath his sperm for the purpose of reproduction after his death. Hecht v. Superior Court (Kane) established that a man's "decision- making authority" over the use of his sperm for procreation suffices to constitute a property interest under California law. Accordingly, a man may direct the disposition of his frozen semen after his death and that semen may be used to father a child. While Hecht received a warm welcome from men's rights groups and bioethics scholars, criticism focused on the …

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

UC Law Journal

The state and federal courts largely exercise concurrent jurisdiction over most criminal law matters. Consequently, most discussions of federalization of crime involve the theoretical question of what crimes should or should not be federalized. Professor Blakey argues that an answer to this question can easily be found in the Constitution.

In his Article, Professor Blakey contends that the true focus of the discussion should not be on "federalization." Rather, he maintains, a meaningful evaluation of the federal system of criminal justice should question whether the system is responding to the antisocial behavior that leads to crime. The author believes we …

The Race/Class Conundrum And The Pursuit Of Individualism In The Making Of Social Policy, Jennifer M. Russell

UC Law Journal

Backlash against black civil rights gains and recent public debates over the determinants of black poverty have fueled an advocacy for class-conscious social policies. Professor Russell examines the advocacy for class-conscious policy initiatives, and argues against the use of class as a basis for making social policy. First, Professor Russell rejects a notion of class that focuses on wealth and income characteristics. Professor Russell maintains that class is better analyzed in terms of relations unfolding over a period of time and oriented by individualistic democratic capitalism and race. Individualistic democratic capitalism emphasizes opportunity and relative equality for the individual, but …

The Politics Of Facts: "The Illusion Of Certainty", Wendy M. Rogovin

UC Law Journal

This article analyzes the role played by facts in the process by which Congress makes law and the judiciary reviews those laws. Because little attention has been paid to this area by courts, Congress, and scholars, major federal legislation, including the Gun-Free School Zones Act of 1990, the Policy Concerning Homosexuality in the Armed Forces, and the Anti Car Theft Act of 1992, has been enacted without what the Supreme Court and some federal courts consider to be a proper factual foundation.

Requiring that Congress articulate a factual basis for its legislation encroaches on its lawmaking autonomy. Yet, insulating the …

Catellus Development Corporation V. United States: A "Solid" Approach To Cercla "Arranger" Liability, Or A "Waste" Of Natural Resources, Gregory A. Robins

UC Law Journal

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorizes and finances the cleanup of inactive hazardous waste sites, imposing cost liability on responsible parties. Since the Act's passage in 1980, courts and commentators alike have criticized the statute as a whole as being poorly drafted. This Note focuses on CERCLA section 107(a)(3), a particularly vague provision that imposes liability on those who arrange for the disposal or treatment of a hazardous substance. Left without a statutory definition of the term "arrange," the federal courts have been unable to develop a coherent standard for determining the scope of "arranger liability." …

Intestate Succession For Stepchildren: California Leads The Way, But Has It Gone Far Enough, Thomas M. Hanson

UC Law Journal

The laws of intestate succession have traditionally precluded stepchildren from sharing in the intestate estate of their stepparents. In 1985 the California legislature rejected this tradition by enacting what is now California Probate Code section 6454, which established intestacy rights for stepchildren who could satisfy certain requirements. California courts of appeal have disagreed on the interpretation of one of the statute's requirements, causing a split that the California Supreme Court has not yet resolved.

This Note begins by summarizing the traditional treatment of stepchildren in the law of intestate succession. Next it analyzes section 6454 and the decisions that have …

Two New National Space Laws: Russia And South Africa, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Increasing private participation in space activities is one of the most farreaching developments relevant for international space law today. The most comprehensive consequence of such private participation in a legal sense is in fact the necessity to establish a national space legislation of some kind, in view of the international obligations arising under responsibility and liability for the state relative to the consequences of these private activities. The rather recent addition in 1993 of two states, the Russian Federation and the Republic of South Africa, to the previously existing number of three states (the United States, Sweden and the United …

From Extreme Hardship To Extreme Deference: United States Deportation Of Its Own Children, Edith Z. Friedler

UC Law Constitutional Quarterly

United States citizens, who are children of aliens residing unlawfully in the country, are routinely deported with their parents. The courts, exercising an extreme deference to the decisions of the agency and to the acts of Congress in the area of immigration law, have abdicated their responsibilities in their role as guardians of the constitutional rights of these children. Although the courts have not granted children the same constitutional rights as those granted adults, cases involving de facto deportation of these children do not acknowledge the existence of even a procedural right of due process to protect the interest of …

Throwing Out The Baby With The Bath Water: Adoption Of Kelsey S. Raises The Rights Of Unwed Fathers Above The Best Interests Of The Child, Brooke Ashlee Gershon

Loyola of Los Angeles Law Review

No abstract provided.

Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum

Fordham Urban Law Journal

This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Masking Dependency: The Political Role Of Family Rhetoric, Martha Fineman

Faculty Articles

In this Article, I want to explore the schizophrenic nature of the interaction between social ideals and empirical observations concerning dependency. I am particularly interested in the family as a social and political construct that facilitates this interaction. Specifically, I argue that continued adherence to an unrealistic and unrepresentative set of assumptions about the family affects the way we perceive and attempt to solve persistent problems of poverty and social welfare. In the normative conclusions that are generated and reiterated in political and popular discussions about family, we assess the "justice" of particular policies addressing societal problems with reference to …

Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen

Law Faculty Publications

This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …

Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conference On The Interventional Protection Of Reproductive Rights: Preface, Ann Shalleck, Lauren Gilbert, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Rethinking The Beyond Of The Real, Drucilla Cornell

Cardozo Law Review

It is commonplace to note that Sigmund Freud "discovered" another reality. This reality is the reality of the psychic life. The meaning of its unconscious underpinnings surfaces in the other world of dreams and in the slips of the tongue that indicate a beyond to the day-to-day life given to us by conventions of our form of life. Certainly, Freud always returns us to the Jenseits, the other side, the beyond of the unconscious, which leaves its traces and marks on so-called "real objects," but which, on the other hand, can never be simplistically identified with them. An obvious …

The Other Dimension Of Law, Pierre Legendre

Cardozo Law Review

What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].

Interwar German Theories Of International Law: The Psychoanalytical And Phenomenologicial Perspectives Of Hans Kelsen And Carl Schmitt, Anthony Carty

Cardozo Law Review

After 1918, the social foundations of legal positivism and formalism in Central Europe-especially where German was spoken-were shattered. The political neutrality of the legal profession had previously allowed it to equate legality and legitimacy in the form of the monarchical constitution. The breakdown of the traditional order led to a crisis of constitutional legitimacy. Power seemed destined to fall directly into the hands of the "masses" and neither traditional, liberal, nor conservative bourgeois (professional middle-class) opinion was comfortable about this prospect. There followed a profound debate about the nature of the state and political society.

Accommodating Pregnancy In The Workplace, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Reva Brunson V. Industrial Commission Of Utah, Stouffer Foods Corp. And/Or Travelers Insurance : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF PETITIONER/APPELLANT REVA BRUNSON FOR PETITON FOR REVIEW

Bryce L. Kraus V. September Plattsmier & Paul Plattsmier : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

ON APPEAL FROM SUA SPONTE DISMISSAL BY THE HONORABLE SANDRA PEULER, THIRD DISTRICT JUDGE, OF APPELLANT KRA US' CUSTOD Y & PA TERNITY PETITION

Debra Jean Coando V. Patrick Dean Coando : Guardian Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLEE GUARDIAN AD LITEM REPLY BY THE GUARDIAN AD LITEM TO APPEAL FROM TERMINATION OF APPELLANT'S PARENTAL RIGHTS ENTERED BY THE EIGHTH DISTRICT JUVENILE COURT FOR UINTAH COUNTY, STATE OF UTAH, THE HONORABLE JERIL B. WILSON AND THE HONORABLE KAY A. LINDSAY, PRESIDING.

Debra Jean Coando V. Patrick Dean Coando : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT APPEAL FROM TERMINATION OF APPELLANT'S PARENTAL RIGHTS ENTERED BY THE EIGHTH DISTRICT JUVENILE COURT FOR UINTAH COUNTY, STATE OF UTAH, THE HONORABLE JERIL B WILSON AND THE HONORABLE KAY A. LINDSAY, PRESIDING.

Audrey Lynne Athay Dow V. Frank Kenneth Gilroy : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

INTERLOCUTORY APPEAL FROM THE THIRD DISTRICT COURT

Robin L. Michael V. Rodney C. Michael : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE TIMOTHY R. HANSON, DISTRICT COURT JUDGE

The Relevance Of Matching Dna: Is The Window Half Open Or Half Shut, D.H. Kaye

Journal of Criminal Law and Criminology

No abstract provided.

When Heterosexual Men Kill Homosexual Men: Reflections On Provocation Law, Sexual Advances, And The Reasonable Man Standard, Joshua Dressler

Journal of Criminal Law and Criminology

No abstract provided.

Fourteenth Amendment--Equal Protection: The Supreme Court's Prohibition Of Gender-Based Peremptory Challenges, Beth A. Deverman

Journal of Criminal Law and Criminology

No abstract provided.