Digital Commons Network^™

The Aftermath Of Johnson V. Calvert: Surrogacy Law Reflects A More Liberal View Of Reproductive, Eric A. Gordon

St. Thomas Law Review

This Comment will discuss why the decision in Johnson should be viewed as a basis for future surrogacy decisions, not as an aberration of the law, and should elicit commentary and proposals by state legislatures in an effort to avoid future, similar disputes. First, this Comment will examine the Johnson decision and its effect on California surrogacy law. In so doing, it will briefly examine the history of surrogacy law in this country, relating this case to other surrogacy cases in recent years. This Comment will also examine the current surrogacy law in California as well as its proposed surrogacy …

Timeline Of Fr. Edward Francis Donelan, Hall & Monagle, Llc

Timelines

No abstract provided.

Of Richard Epstein And Other Radical Feminists, Mary Anne Case

Articles

My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.

The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein

Articles

No abstract provided.

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Articles

No abstract provided.

Environmental Terrorism: Lessons From The Oil Fires Of Kuwait, Jesica E. Seacor

American University International Law Review

No abstract provided.

Curtailing Thailand's Child Prostitution Through An International Conscience, Patricia D. Levan

American University International Law Review

No abstract provided.

Science Misconduct And Due Process: A Case Of Process Due, Elizabeth Howard

UC Law Journal

Recent incidents involving possible misconduct on the part of prominent scientists have focused attention on the issues involved in determinations of science misconduct. Despite their notoriety, however, determinations of science misconduct are often marked by casual or nonexistent regard for the rights of the accused. Furthermore, a scientist who has been adjudged guilty of misconduct faces potential professional ruin.

This Note argues that the presence of this combination in science misconduct investigations constitutes a denial of due process to accused scientists. The author proposes creating an independent federal agency to deal with cases involving possible science misconduct, with a legal …

Some Questions About Perfectionist Rationality Review, Vikram David Amar

UC Law Journal

No abstract provided.

Coming Into Being: Law, Ethics, And The Practice Of Prenatal Genetic Screening, Michael J. Malinowski

UC Law Journal

The scientific community stands on the brink of knowing and potentially controlling our genetic makeup. The ability to isolate the genes responsible for a variety of diseases and character traits is expanding exponentially. Prospective parents are being given access to this technology through the willingness of research laboratories to perform prenatal genetic testing. The practice of prenatal genetic screening has already become widespread and promises to increase dramatically as the reliability of genetic testing improves. A society in which prospective parents have the ability to control the genetic makeup of their children is becoming a reality.

This expansion in scientific …

The Unconstitutional Conditions Doctrine And Mandating Norplant For Women On Welfare Discourse, Laurence C. Nolan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.

UIC Law Review

No abstract provided.

Slavery Rhetoric And The Abortion Debate, Debora Threedy

Michigan Journal of Gender & Law

There are many things that could be, and have been, said about the question of abortion. This article focuses on the rhetoric of the abortion debate. Specifically, I discuss how both sides of the abortion debate have appropriated the image of the slave and used that image as a rhetorical tool, a metaphor, in making legal arguments. Further, I examine the effectiveness of this metaphor as a rhetorical tool. Finally, I question the purposes behind this appropriation, and whether it reflects a lack of sensitivity to the racial content of the appropriated image.

The Collision Of Canadian And U.S. Sovereignty In The Area Of Export Controls, Selma M. Lussenburg

Canada-United States Law Journal

No abstract provided.

Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman

Northwestern Journal of International Law & Business

This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.

Worms, Mice, Cows And Pigs: The Importance Of Animal Patents In Developing Countries, Elisabeth T. Jozwiak

Northwestern Journal of International Law & Business

Transgenic animals play a large role in several critical industries: the pharmaceutical industry, the agricultural industry, farming, and medical research. As these biotechnology-oriented industries have grown, the United States and other industrialized nations have realized the importance of patent protection for genetically-engineered animals. Unfortunately, lesser-developed countries (LDCs), which can benefit the most from such industries, do not provide adequate patent protection for transgenic animals, even though patent protection for transgenic animals could ultimately lead to reduction in starvation and disease, two of the biggest problems facing many LDCs. The United States should pursue bilateral negotiations with developing countries in the …

A Survey Of United States Controls On Foreign Investment And Operations: How Much Is Enough?, Christopher F. Corr

American University International Law Review

No abstract provided.

The Right Not To Be Displaced, Maria Stavropoulou

American University International Law Review

No abstract provided.

The Jurisprudence Of The Inter-American Court Of Human Rights, Dinah Shelton

American University International Law Review

No abstract provided.

National Discretion: Choosing Cocom's Successor And The New Export Administration Act, Philip H. Oettinger

American University International Law Review

No abstract provided.

Environmental Justice In Rural Communities, Robert B. Wiygul, Sharon Carr Harrington, Florence T. Robinson

West Virginia Law Review

No abstract provided.

Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore

West Virginia Law Review

No abstract provided.

The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein

Journal of Law and Health

When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …

Causes Of Action For Emf Harm, Roy A. Torres

Fordham Environmental Law Review

No abstract provided.

New York V. United States: The Constitutional And Environmental Fallout For Low-Level Waste Disposers, Rhett Traband

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Modern Era In California Water Law, Brian E. Gray

UC Law Journal

California's water resources system is poised at a turning point. For the first time since the great era of water project development concluded, water has been directed away from the major water supply projects and reallocated to enhance water quality and instream flows in the Sacramento-San Joaquin Delta and to restore anadromous fish populations in the principal rivers of the Central Valley system.

In this Article, Professor Gray describes and evaluates the laws governing the reallocations of water that have been, or will likely be, engendered by these developments. He begins by reviewing the events that led up to these …

Same-Sex Marriage And Choice Of Law: If We Marry In Hawaii, Are We Still Married When We Get Home?, Barbara Cox

Faculty Scholarship

This Article explores the choice-of-law question of whether a same-sex couple, married in Hawaii after successful completion of the Baehr v. Lewin case, will have their marriage recognized by the state of their domicile upon their return from Hawaii. This Article first applauds the Baehr court's decision that prohibiting same-sex marriage is unconstitutional sex discrimination but then critiques its decision that the fundamental right to marry does not extend to same-sex couples.

The second Part considers the choice-of-law questions that will arise in cases litigating the validity of a couple's same-sex marriage upon their return to their domicile. It considers …

Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this essay will introduce the queer theories underlying my critique and will outline the discrete positioning of lesbian and gay identity and community which labels these cases “victories.” The intersectionality of queer identity is the key blind spot in the litigation model. The queer continuum, a re-conceptualization of Adrienne Rich's lesbian continuum, delineates the spectrum of queer identity. Part II will explore the facts, issues and holdings of these four cases. My examination of these cases will reveal how they grant some rights to “but-for” queers, who, “but-for” their being lesbian or gay, would be “perfect citizens.” …

The Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach, Steven H. Hobbs, Fay Wilson Hobbs

Fordham Law Review

No abstract provided.

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.