Digital Commons Network^™

Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Insurance Risk Classification After Mcgann: Managing Risk Efficiently In The Shadow Of The Ada, Maria O'Brien

Faculty Scholarship

A significant part of the health insurance debate which gripped the country during the first two years of President Clinton's administration focused on the critical shortage of employer-sponsored health insurance for disabled, br high risk, employees. Indeed, President Clinton's promise of universal access in connection with the promotion of his health care plan is apparently designed to ensure that the increasingly popular employer practice of excluding high risk employees becomes obsolete. In the meantime, while the merits of the Clinton plan and its competitors are debated, individuals like John McGann-working and insured--continue to discover that like their health, their insurance …

Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe

Cardozo Law Review

Why does an individual need a lawyer? What use is she to her client? Well, we answer, because the lawyer is an expert. She has a superior understanding of a highly technical field. And, of course, this is usually true. But that is not all. The client needs the lawyer not merely for her legal expertise, but for the management of his aggression. The lawyer offers not just legal defense, but defense against the fury of the drives, on the one hand, and the fury of the superego, on the other. The lawyer operates for the client as an …

Cal-Osha, B. Lechman, K. Schorr

California Regulatory Law Reporter

No abstract provided.

California Integrated Waste Management And Recycling Board, J. D. Bournazian, J. Brysk

California Regulatory Law Reporter

No abstract provided.

Department Of Pesticide Regulation, K. Dwinnells, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Water Resources Control Board, L. Blaney, T. Kemp

California Regulatory Law Reporter

No abstract provided.

California Coastal Commission, P. Dennehy, K. Thompson

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, M. Brenot, C. Putnam

California Regulatory Law Reporter

No abstract provided.

Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer

Journal Articles

My interest here is ethics—whether observation, intuition, the ability to make appeals to human nature, and insight into the workings of the human heart are useful as guides for legal judgments in relationships between lawyers and clients. A modern American lawyer and her client use power as certainly as Solomon used power and, I suppose, are as manifestly subject to indirection in deciding how to use power as the kings of Israel were. In both cases the enterprise is undertaken, as W.H. Auden put it, on "a moral planet tamed by terror."

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

In an article marked by the intelligence and fairmindedness for which his work is widely-and rightly-admired, Stephen Macedo has argued against our view that sodomy, including homosexual sodomy, is intrinsically nonmarital and immoral. His goal is to show that "new natural law" theorists, such as Germain Grisez, John Finnis, and the two of us, have no sound argument for drawing moral distinctions-which would, in turn, provide a basis for legal distinctions (particularly in the area of marriage)­ between the sodomitical acts of "devoted, loving, committed homosexual partners" and the acts of genital union of men and women in marriage. We …

Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Balancing Acts: Crisis, Change, And Continuity In American Family Law, 1890-1990, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

The Health Of The President And Presidential Candidates: The Public's Right To Know, George J. Annas

Faculty Scholarship

In July 1995, presidential candidate Robert Dole celebrated his 72nd birthday by releasing a detailed nine-page summary of his medical records. His personal physician told the press that despite the serious wounds Dole received during World War II, which left his right arm paralyzed and required the removal of one kidney, and despite his 1991 surgery for prostate cancer, his health was “excellent.” Dole was also photographed on his treadmill.

Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

Traditionally, the law has deferred to the rights of biological parents in regulating the parent-child relationship. More recently, as the emphasis of legal regulation has shifted to protecting children's interests, critics have targeted the traditional focus on parents' rights as impeding the goal of promoting children's welfare. Some contemporary scholars argue instead for a "child-centered perspective," in contrast to the current regime under which biological parents continue to have important legal interests in their relationship with their children. The underlying assumption of this claim is that the rights of parents and the interests of children often are conflicting, and that …

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

The Central Mistake Of Sex Discrimination Law: The Disaggregation Of Sex From Gender, Katherine M. Franke

Faculty Scholarship

Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion that sex and gender are two distinct aspects of human identity. That is, it assumes that the identities male and female are different from the characteristics masculine and feminine. Sex is regarded as a product of nature, while gender is understood as a function of culture. This disaggregation of sex from gender represents a central mistake of equality jurisprudence.

Antidiscrimination law is founded upon the idea that sex, conceived as biological difference, is prior to, less normative than, and more real than gender. Yet in every way …

Integrating The "Underclass": Confronting America's Enduring Apartheid, Olatunde C.A. Johnson

Faculty Scholarship

Douglas Massey and Nancy Denton's American Apartheid argues that housing integration has inappropriately disappeared from the national agenda and is critical to remedying the problems of the so-called "underclass." Reviewer Olati Johnson praises the authors' refusal to dichotomize race and class and the roles both play in creating and maintaining housing segregation. However, she argues, Massey and Denton fail to examine critically either the concept of the underclass or the integration ideology they espouse. Specifically, she contends, the authors fail to confront the limits of integration strategies in providing affordable housing or combating the problem of tokenism. Massey and Denton …

Reflections On A Case (Of Motherhood), Jane M. Spinak

Faculty Scholarship

She surveyed my office for signs of conspiracy. We had had two or three telephone conversations that had conveyed my ambivalence about representing her. A former colleague had urged her to call the clinic for help but I was reluctant to accept her case for the clinic: we rarely represented foster parents and the procedural complexity of the case convinced me that I would be unable to assign students to represent this client so late in the semester. I was resigned, however, to help her find a lawyer, both because a former colleague had sent her and because the snippets …

The Downstream People: Treating Indian Tribes As States Under The Clean Water Act, John S. Harbison

North Dakota Law Review

No abstract provided.

Tribal Governmental Regulation Of Non-Indian Polluters Of Reservation Waters, James M. Grijalva

North Dakota Law Review

No abstract provided.

The Role Of The Child's Attorney In Protecting The Child Throughout The Litigation Process, Ann M. Haralambie

North Dakota Law Review

No abstract provided.

The Opinion Volume 35 Number 7 – December 7, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1994

Tropical Forest Conservation Legislation And Policy: A Global Perspective, Robert M. Hardaway, Karen D. Dacres, Judy Swearingen

Sturm College of Law: Faculty Scholarship

This article reviews tropical rainforest legislation and policy of countries around the world. It documents the alarming erosion of rainforest resources and preserves, and evaluates the effectiveness of law and policies promulgated to arrest that erosion. The problems associated with rainforest depletion are treated in the context of the world's exploding population, as well as the economic needs of the developing countries. The need for population control policies, and family planning, are considered along with effective controls and regulation of rainforest exploitation.

Domestic Relations, Barry B. Mcgough

Mercer Law Review

Of the forty-six cases decided during the survey year, fifteen are digested in this Article. Two custody cases are of special importance, one dealing with application of federal law and the other with joint custody. The remaining cases address smaller points across a familiar judicial landscape. This Article also highlights amendments to the child support guidelines.

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

The usual volume of cases involving issues of fiduciary law reached the appellate courts of Georgia during this past survey period. While the number of such cases was not large, they were noteworthy. Also, the 1994 session of the Georgia General Assembly was not particularly active in the area covered by this Article. The few bills which were enacted will be summarized in Part III.

National Socialism And Constitutional Law: Carl Schmitt, Otto Koellreutter, And The Debate Over The Nature Of The Nazi State, 1993-1937, Peter Caldwell

Cardozo Law Review

On January 30, 1933, President von Hindenburg named Adolf Hitler chancellor of the German Republic. One year later, the conservative (and by then National Socialist) constitutional lawyer, Carl Schmitt noted that Hitler's chancellorship was an event that had "already led beyond the Weimar Constitution." But where had the seizure of power led? What was the nature of the new constitution of the German Empire? As historian David Schoenbaum has noted, 1933 was a kind of "constitutional no man's land"; it was unclear how the principles enumerated in the Nazi Party Program of 1920 would translate into the reality of the …

Managing Alaska’S Coastal Development: State Review Of Federal Oil And Gas Lease Sales, M. David Kurtz

Alaska Law Review

No abstract provided.

Equal Access To Alaska’S Fish And Wildlife, Stephen M. White

Alaska Law Review

No abstract provided.

Sexual Extortion: Criminalizing Quid Pro Quo Sexual Harassment, Carrie N. Baker

Minnesota Journal of Law & Inequality

No abstract provided.