Digital Commons Network^™

Medzamor: Weighing The Reopening Of Armenia's Unstable Nuclear Power Plant And The Duties Of The International Community, Tamara C. Gureghian

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Codification And The California Mentality, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

This essay explores why California, almost alone among states, embraced codification of the substantive common law in the late nineteenth century.

The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert

Vanderbilt Journal of Transnational Law

This Note examines the balance of power between the European Community and its Member States through the window of the Irish abortion debate. The framework for that debate has been shaped largely by two judicial bodies: the Irish judiciary and the European Court of Justice (ECJ), the judicial arm of the European Community. The Irish judiciary has approached the abortion question through an analysis of the content of substantive individual rights protected by the Irish Constitution. The ECJ, on the other hand, has addressed abortion from the standpoint of the European Community's goal of uninhibited commerce between Member States. These …

Growing Up Good In Maycomb, Thomas L. Shaffer

Journal Articles

"I am the sum total of those who preceded me," Elie Wiesel wrote recently, "and so are you. Am I responsible for what all of them have done before I came into this world? No. But I am responsible for what I am doing with the memory of what they have done."

Jean Louise Finch (Scout), her brother Jeremy, their summer friend Dill, who comes to them from Meridian, Mississippi, and their school friends from the town and the farms around Maycomb grew up in memory and learned, or failed to learn, and accepted, or refused to accept, responsibility for …

Bosnia, War Crimes, And Humanitarian Intervention, Jane Olson, Lois Fielding, Holly Burkhalter, Douglass Cassel

Journal Articles

This presentation examines the history of the laws of war and the effort made through international law to prevent war crimes and to punish those responsible for war crimes. It specifically looks as the Statute of the International Tribunal as a method in establishing the meaning of the crimes. It then evaluates the United States' policy of war crimes as applied in Bosnia and how it has affected its relations with NATO and the UN.

Fairness In Water Quality: A Descriptive Approach, Katrina Smith

Duke Environmental Law & Policy Forum

No abstract provided.

Gender Law, Katharine T. Bartlett

Duke Journal of Gender Law & Policy

The inauguration of the DUKE JOURNAL OF GENDER LAW & POLICY represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and neutrality, gender law has begun to lay down roots as a disciplined set of inquiries that enhance the rigor of conventional legal study and offer tools for improving the objectivity and neutrality of law, even as it challenges the conventional meanings of those concepts. There are two …

An Open Letter From One Black Scholar To Justice Ruth Bader Ginsburg: Or, How Not To Become Justice Sandra Day O’Connor, Jerome Mccristal Culp Jr.

Duke Journal of Gender Law & Policy

No abstract provided.

From Betrayal To Power, Elizabeth Debold, Marie Wilson, Idelisse Malave

Duke Journal of Gender Law & Policy

Resistance is the secret of joy! --Alice Walker Possessing the Secret of Joy What does it mean to love a daughter in a culture that is hostile to her integrity? In a culture where power equals dominance and superiority, men's control of public life--the world of political and economic power that shapes the desires of private life--places mothers in a double bind as their daughters approach womanhood. The common ways that mothers have of guiding daughters--what we call "the paths of least resistance" in chapter two 1 --ask girls to make deep psychological sacrifices to straddle the cultural division of …

Are Women Worth As Much As Men?: Employment Inequities, Gender Roles, And Public Policy, Kathryn Branch

Duke Journal of Gender Law & Policy

Gender inequities in employment are apparent in many different contexts and have numerous components. The most quantifiable measure is a comparison between the relative earnings of men and women. A related measure is the distribution by gender across occupational lines and the average relative salaries of jobs that tend to be predominantly occupied by workers of one gender. All available statistics show that men earn significantly more than women. 1 This remains true no matter what year the figures are from, or whether they are weighted according to age, labor force status, or educational attainment. 2 If financial compensation for …

Disbelieving The Culture Wars, Dennis E. Owen

University of Florida Journal of Law & Public Policy

No abstract provided.

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

Journal Articles

No abstract provided.

Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson

Vanderbilt Journal of Transnational Law

A complete reading of the book leaves open the question of for whom the book is primarily intended. The best answer perhaps is that it has something to offer everyone--lawyer, scientist, intellectual property owner, economist, and politician--having an intellectual curiosity in how global intellectual property systems can and should evolve. From an individual reader's perspective, a cover to cover study of the book may leave the reader feeling overwhelmed and unsatisfied. However, if viewed as a resource, from which portions applicable to the reader's own field of interest are selected for close examination, the book has much to offer. Fortunately, …

The Art Of Music Licensing. By Al Kohn And Bob Kohn, M. William Krasilovsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Architect As Artist: Artists' Rights And Historic Preservation, Patty Gerstenblith

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gender And Professional Roles, Deborah L. Rhode

Fordham Law Review

No abstract provided.

In Defense Of Wrongful Life: Bringing Political Theory To The Defense Of A Tort, Michael B. Laudor

Fordham Law Review

In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice. To do so, he first explores the problems of future interests and analyzes the limitations of both standard and utilitarian concepts of harm. Lauor next considers the legal dilemmas arising from claims that the births of certain children are harmful. Laudor finally constructs a notion of harm that enables courts deciding whether to remedy injuries suffered by future generations to recognize wrongful life as a legitimate cause of action.

Working Papers As Federal Records: The Need For New Legislation To Preserve The History Of National Policy, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article deals with policy records at the "front end" of their lives; that is, preserving them from destruction by federal agencies in the decades immediately after their creation. It does not deal with the destruction of archived documents by Archives officials themselves. It discusses only in passing the related question of how long a policy record should be sealed off from public inspection; the literature includes a variety of opinions on that subject. The author is content to leave to others the problem of just where to draw the balance between making historical documentation available soon enough so that …

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Suzanna Sherry, Daniel A. Farber

Vanderbilt Law School Faculty Publications

Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor William Eskridge in this issue. In reply, Professors Farber and Sherry challenge their critics' reliance on postmodern views such as social constructionism. Social constructionism, according to Farber and Sherry, embraces forms of community that would be destructive to the scholarly enterprise. It also risks conflating scholarship with politics in ways harmful to both. More generally, Farber and Sherry contend, postmodernism lacks any clear lessons for legal …

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

Beyond The Moot Law Review: A Short Story With A Happy Ending, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

When the author began teaching at the Chicago-Kent College of Law in 1982, it was publishing at great expense a law review that few cited, few professors would write for, and few, if anyone, read. For this reason, he dubbed it a "moot law review" in that students were working hard to produce a publication that mimicked "real" law reviews-that is, law reviews that contribute to intellectual discourse and the body of legal knowledge.

The fact that you are reading this page (and others in this issue) is evidence that the Chicago-Kent Law Review is no longer a moot law …

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Alabama & Coushatta Tribes V. Big Sandy School District: The Right Of Native American Public School Students To Wear Long Hair, Timothy S. Zahniser

American Indian Law Review

No abstract provided.

The Indian Child Welfare Act Of 1978: Protecting Tribal Interests In A Land Of Individual Rights, Jill E. Adams

American Indian Law Review

No abstract provided.

Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta

American Indian Law Review

No abstract provided.

The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Feminism, Work And Sex: Returning To The Gates, Carlin Meyer

Articles & Chapters

No abstract provided.

Snake Pits And Unseen Actors: Constitutional Liability For Indirect Harm, Julie Shapiro

Faculty Articles

The purpose of this article is to find order amidst the chaos that predominates in analysis of indirect harm cases. It is the author’s hope that such an effort will assist courts, scholars, and advocates who continue to be confronted by these cases, as well as identify a focused agenda for future commentary, inquiry, and action.

Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao

LLM Theses and Essays

Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …

Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal

Seattle University Law Review

This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury. Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, ranging from emotional stress, cigarette smoke, and fall hazards to more traditional teratogen exposures such as lead. Part III describes the types of reproductive harm that can form the basis of a lawsuit in Washington. Part IV notes the theories of liability and the potential defendants, including employers, co-employees, consultants, …