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By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins

Faculty Scholarship

Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …

Some Effects Of The Clinton Health Care Reform Proposals On Regulated Aspects Of The Pharmaceutical Industry, Richard M. Cooper

Seton Hall Law Review

No abstract provided.

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view of this …

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

Articles

Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …

Sexual Freedom And Your Right To Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

Like so many other privacy issues, concern over sexual freedom took on more than intellectual overtones with the advent of greater public discussion. As courts and government appeared to enter the most private domain of all, the bedroom, the public's interest in privacy issues dealing with sexual freedom increased dramatically. This bibliography should serve as a valuable tool for researchers who have an interest in this highly controversial area of social concern.

Your Right To Privacy And Children's Rights/Family Law: A Selective Bibliography, Sandra S. Klein

Journal Articles

In a society increasingly aware of real or perceived social inequities, it is not surprising to note a greater concern for the rights of children and their families. It is also apparent that privacy issues are an integral subset of the larger social sphere of interests. Privacy aspects can be seen to be involved pervasively throughout the area of law dealing with children and families, especially in view of the fact that there is obvious potential for conflict not only between families and the state, but between children and the families of which they are a part

Abortion/Reproductive Rights, Sandra S. Klein

Journal Articles

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.

Interaction Between Regulatory Law And Tort Law In Controlling Toxic Chemical Exposure, John Endicott

SMU Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Certification Of Unfit Pilots: Is The United States Flying Blind, Vicki L. Minter

Journal of Air Law and Commerce

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the United States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.

Patent Law And Human Genome Research At The Crossroads: The Need For Congressional Action, Daniel L. Mckay

Santa Clara High Technology Law Journal

No abstract provided.

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers

Journal Articles

What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …

Cercla, Causation, And Responsibility, John Copeland Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …

Law, Morality, And "Sexual Orientation", John M. Finnis

Journal Articles

During the past thirty years there has emerged in Europe a standard form of legal regulation of sexual conduct. This standard form or scheme, which I shall call the "standard modem [European] position," is accepted by the European Court of Human Rights and the European Commission of Human Rights (the two supra-national judicial and quasijudicial institutions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), to which almost all European states are party, whether or not they are also party to the European [Economic] Community now known as the European Union). The standard modem European …

Finite Horizons: The American Family, Margaret F. Brinig

Journal Articles

In the summer of 1992, while I was reading and thinking about Martha Minow's latest book, I was struck with my double role as a responsible adult. Vacationing in the north woods of Wisconsin with my mother, I suddenly needed to care for her as well as my own small children. Generational connections, important before, swelled hugely in crisis. As I caught my breath between hospital runs and kids' activities, I was thankful that I had received so much from my parents during my childhood. And I resolved to rethink the relationships between parents and children, adults and elderly.

Policy …

Should Families Make Health Care Decisions?, Jacqueline J. Glover

Maryland Law Review

No abstract provided.

Board Of Examiners In Veterinary Medicine, M. Bontems

California Regulatory Law Reporter

No abstract provided.

Cal-Osha, M. Friedman, L. O 'Neill

California Regulatory Law Reporter

No abstract provided.

California Integrated Waste Management And Recycling Board, I. D. Lounsbery, C. Purdy

California Regulatory Law Reporter

No abstract provided.

Department Of Pesticide Regulation, J. Eden, M. Romeo

California Regulatory Law Reporter

No abstract provided.

Water Resources Control Board, P. Cooney, L. Grad

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, S. Kelley, Y. Simpson

California Regulatory Law Reporter

No abstract provided.

Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig

Journal Articles

I propose to make three comments on Professor Singer's article. First, I will present my views on the limitations of law and economics when applied to family law. Second, I will discuss why specialization between husbands and wives is not necessarily efficient, and perhaps not even the best use of law and economics in the study of the family. Finally, and perhaps most controversially, I will question whether there are gender differences that should impact alimony law.

Feminist Jurisprudence And Free Speech Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.