Digital Commons Network^™

Don't Mess With "Don't Ask, Don't Tell", Daniel R. Plane

Marquette Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Increasing Accountability For The Conservation And Sustainable Use Of Biodiversity: An Issue Of Transnational Global Character, Ellen Hey

Colorado Environmental Law Journal

No abstract provided.

Shrimp Mariculture: Environmental Impacts And Regulations With A Focus On Thailand, Christopher F. Knud-Hansen

Colorado Environmental Law Journal

No abstract provided.

The Trend Toward Ecosystem-Based Management In The North Pacific Anadromous Fisheries, Shannon C. Swanstrom

Colorado Environmental Law Journal

No abstract provided.

Can Algae Save Civilization? A Look At Technology, Law, And Policy Regarding Iron Fertilization Of The Ocean To Counteract The Greenhouse Effect, James Edward Peterson

Colorado Environmental Law Journal

No abstract provided.

Troubled Waters: Population And Water Scarcity, Pamela Leroy

Colorado Environmental Law Journal

No abstract provided.

Environmental Events In Latin America, 1995, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Recent Books About World Population Growth, John R. Bermingham

Colorado Environmental Law Journal

No abstract provided.

Biodiversity Prospecting: Fulfilling The Mandate Of The Biodiversity Convention, Edgar J. Asebey, Jill D. Kempenaa

Vanderbilt Journal of Transnational Law

After a brief overview of biodiversity prospecting, the authors review the historical context of biodiversity prospecting, including the common heritage doctrine, international patent law, and the Biodiversity Convention. The authors analyze the four major United States prospecting initiatives to date and identify their strengths and shortcomings. The authors then investigate two possible alternatives: (1) biological resource cartelization and (2) the development of a new type of biodiversity enterprise. The authors advocate the latter as a means of complying with the Biodiversity Convention.

The Biodiversity Convention: How To Make It Work, Lee A. Kimball

Vanderbilt Journal of Transnational Law

The Symposium convenors posed the following question: "Is a United Nations convention the most appropriate means to pursue the goal of biodiversity?" In response, the author notes that the Biodiversity Convention does not entail many binding obligations; rather, it provides a management framework from which further detailed action programs may develop. In the context of nonbinding international "soft law," the author advocates the adoption of a series of best practice "menus" for individual industries and sectors of activity, based on a review of existing technical criteria and guidelines. The author recognizes that specialized initiatives pursuant to the regional seas agreements …

Man Or Beast: The Convention On Biological Diversity And The Emerging Law Of Sustainable Development, W. Robert Ward

Vanderbilt Journal of Transnational Law

Mr. Ward explores the legal nature of the Convention on Biological Diversity by examining patterns in the development of international law. He considers two categories of global agreements: (1) novel issues agreements and (2) general principles agreements. The article defines these two types of agreements and then considers whether the Convention addresses a novel issue in conservation law. Mr. Ward argues that the Convention is instead a general principles agreement that marks a new development in international law. The article concludes by exploring how the Convention may influence the further evolution of the law of sustainable development.

Models For Parenthood In Adoption Law: The French Conception, Laura J. Schwartz

Vanderbilt Journal of Transnational Law

According to Ms. Schwartz, adoption in the United States is currently in a state of disarray and confusion because it has not achieved a satisfactory balance between biological and psychological parent-child relationships. U.S. adoption law has never adequately evaluated the relative importance of both types of relationships to the process of family formation. In contrast, although French adoption faces many of the same challenges as U.S. adoption, the French adoption process is not riddled with the same inconsistency and indeterminacy. Instead, French adoption law and government family policy reflect a societal consensus on the central and intrinsic importance of biological …

Driving To The Panopticon: A Philosophical Exploration Of The Risks To Privacy Posed By The Highway Technology Of The Future, Jeffrey H. Reiman

Santa Clara High Technology Law Journal

No abstract provided.

Reclaiming Sex From The Pornographers: Cybersexual Possibilities, Carlin Meyer

Articles & Chapters

No abstract provided.

The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene

University of Richmond Law Review

The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating in …

Liberalism And The Possibility Of Multicultural Constitutionalism: The Distinction Between Deliberative And Dedicated Cultures, Robert Justin Lipkin

University of Richmond Law Review

Liberalism and multicultural constitutionalism are on a collision course destined to become the next great battlefield in the unfolding odyssey of American constitutional law. The impending battle will define the scope and limits of liberal constitutionalism and its role as the model for democracy around the world. While turbulence between liberalism and multicultural constitutionalism occurs across a panoply of controversies, the eye of the storm focuses on one central question: Can liberalism tolerate non-liberal cultures? This article explores the hypothesis that liberalism's deep structure precludes it from explaining and justifying the toleration of non-liberal cultures. If so, this hypothesis has …

Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson

Articles

In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …

Connections: Interpretive Perspectives And Social Attitudes, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Suicide, Life Course, And Life Story, Mike Jenuwine, Bertram J. Cohler

Journal Articles

This article explores how a life-course perspective and narrative methodology can be used to study risk factors for late-life suicide. A life-course approach to aging and suicide requires consideration of age as both social and personal construction. “On-” and “off-time” events and their impact on adjustment are used to illustrate these social and personal constructions. Cohort, period, and historical events have potentially profound effects on risk for suicide, yet the study of these effects is difficult because they are so often confounded in longitudinal study. Lifelong personality characteristics that are not life-threatening in earlier life may be of greater risk …

The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey

Journal Articles

Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.

Even …

A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig

Journal Articles

Many of the other participants in this Symposium have written extensively about surrogacy. Not only have they contributed to the debate, in some instances they have framed it. In some respects, therefore, I merely thank all of them and chime in. Unlike my fellow panelists, however, I do not think surrogacy merits an enthusiastic, positive response.

In this Comment, I propose to restate objections to specifically enforceable surrogacy contracts from a family-law perspective as well as from the philosophical or psychological roots of family law. I will then reexamine the problems of surrogacy from a contractarian, law-and-economics perspective, showing how …

Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn

Faculty Scholarship

A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.

The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …

Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland

Maryland Law Review

No abstract provided.

Biodiversity Federalism, A. Dan Tarlock

Maryland Law Review

No abstract provided.

Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio

Maryland Law Review

No abstract provided.

Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas

Maryland Law Review

No abstract provided.

Rights In Psychoanalytic And Feminist Perspective, Renata Salecl

Cardozo Law Review

All major philosophical schools todaytake some position on the issue of human rights. On the one hand, so-called postmodern theorists ask how we can understand the narrative of human rights when we no longer believe that its claims are true or that metanarratives are even possible. Instead of searching for first principles and metanorms, postmodernists analyze the discursive form of the notion of rights and read this form as a part of the historically limited Enlightenment project that today has lost its relevance. Neo-Kantians, on the other hand, speak in favor of the notion of human rights and try to …

Ideology As Cultural Software, J. M. Balkin

Cardozo Law Review

This essay concerns one of the apparent casualties of the rise of postmodernism-the theory of ideology. In fact, the "theory of ideology" has never been a unitary theory. From its inception the concept of ideology has always been contested, and hence the theory has generated many variations. The most common version asserts that individuals are afflicted with beliefs that in some way mystify or obscure social reality. This mystification in turn works to the advantage of some classes and to the disadvantage of others. This formulation was developed most prominently within the marxist tradition; it has proved a tempting but …

Morton International V. General Accident Insurance Co.: The New Jersey Supreme Court Defines The Scope Of The Qualified Pollution Exclusion Clause In Comprehensive General Liability Policies, Jennifer Goodman

Villanova Environmental Law Journal (1991 - )

No abstract provided.