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Gay Rights Through The Looking Glass: Politics, Morality, And The Trial Of Colorado's Amendment 2, Suzanne B. Goldberg

Faculty Scholarship

Courts have long struggled to resolve the question of how far a community may go in exercising its power to treat minority members differently. Popular prejudice, "community morality" and invidious stereotypes repeatedly have had their day in court as judges work to reconcile equal protection and privacy rights with their own attitudes about the place of people of color, women and gay people in society. In the early 1990s, the tension between the American ideal of equality and the reality of human diversity starkly emerged. A national wave of citizen-sponsored initiatives seeking to amend state constitutions and local charters to …

The Role Of Existing Environmental Laws In The Environmental Justice Movement, Michael B. Gerrard

Faculty Scholarship

I will focus on what can and cannot be done under the existing statutory and regulatory structures and the common law to protect minority communities from environmental hazards. I will highlight some of the current holes in the legal system to suggest areas where statutory reform might be useful. Fights against these facilities break down between future unbuilt facilities, on the one hand, and existing facilities on the other hand.

A broad array of statutes regulates future facilities, such as landfills, incinerators, interstate highways, and polluting factories. Some of these laws are aimed at providing information and requiring the decision …

Fear And Loathing In The Siting Of Hazardous And Radioactive Waste Facilities: A Comprehensive Approach To A Misperceived Crisis, Michael B. Gerrard

Faculty Scholarship

Few laws have failed so completely as the federal and state statutes designed to create new facilities for the disposal of hazardous and radioactive waste. Despite scores of siting attempts and the expenditure of several billion dollars since the mid-1970s, only one radioactive waste disposal facility, only one hazardous waste landfill (in the aptly named Last Chance, Colorado), and merely a handful of hazardous waste treatment and incineration units are operating on new sites in the United States today.

In 1981, a leading member of Congress, relying on data from the U.S. Environmental Protection Agency (EPA), predicted that by 1985 …

Taking Uncertainty Seriously: From Permissive Regulation To Preventative Design In Environmental Decision Making, R. Michael M'Gonigle, T. Lynne Jamieson, Murdoch K. Mcallister, Randall M. Peterman

Osgoode Hall Law Journal

This paper contrasts two paradigms of environmental regulatory decision making, "permissive regulation" and "preventative design," with respect to their treatment of scientific and legal uncertainty and the allocation of legal standards and burdens of proof. "Permissive regulation," which is the predominant approach in Canada, suffers two types of statistical errors. A type I error occurs when, for example, a pollution control device is unjustly imposed on an industry. A type II error occurs when no action is taken to control an industry when, in fact, damage is taking place. Concern to prevent type I errors often leads to type II …

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines Include: Front Desk Incident Resolved; Marathon Day for Fordham Students; Fordham Law's Marathon Contingent

Organ Transplantation: Or, Altruism Run Amuck, Richard A. Epstein

Occasional Papers

No abstract provided.

The Fourth Amendment's Challenge To Mandatory Aids Testing Of Convicted Sexual Offenders - Has The Aids Virus Attacked Our Constitutional Right To Privacy?, Barbara Danko

Seton Hall Constitutional Law Journal

No abstract provided.

Vol. 16 No. 4 (1993): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Is The Law Male: The Role Of Experts, Sarah E. Burns

Chicago-Kent Law Review

No abstract provided.

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 16, No 4 Edition of the Pacific Studies Journal

Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill

Cardozo Law Review

Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …

Sea Tenure And The Management Of Living Marine Resources In Papua New Guinea, David Hyndman

Pacific Studies

No abstract provided.

Untangling The Adoption Web: New Jersey's Move To Legitimize Independent Adoptions, Lisa J. Trembly

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Emf Regulaton: Is Congress Riding The Wave Of Paranoia?, Barbara Ann Aurecchione

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Role Of Unwed Fathers In Welfare Law: Failing Legislative Initiatives And Surrendering Judicial Responsibility, Rover J. R. Levesque

Minnesota Journal of Law & Inequality

No abstract provided.

Multiracial Minorities: Erasing The Color Line, Bijan Gilanshah

Minnesota Journal of Law & Inequality

No abstract provided.

Agricultural Non-Point Source Pollution And Wetlands: A Sensible Approach, Anthony P. Farrell

Journal of Environmental and Sustainability Law

No abstract provided.

Proceedings Of The Charter Boat Management Workshop Held As Part Of The First National Fisheries Manager Conference Terrigal Nsw 21 September 1993, A. E. Magee

Fisheries Management Papers

General concern of all states was the actual AND potential impact of charter fishing on the resource and the inability to measure such impacts. The perceived problem with dual licensing was unregulated effort and the abilit to circumvent management controls. This paper provides current charter boat management arrangements in Australia, why they should be managed, types of charter vessels, Licensing, Management of recreational only charter vessels, Non-consumptive charters, Management guides and small scale charter operators, Commonwealth jurisdiction, Development of agreed strategies and Identification of future needs.

Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger

Missouri Law Review

Termination of parental rights is available only by statute. Missouri provides for voluntary termination of parental rights only if the parent whose rights are to be terminated has consented in writing to the termination and if the termination will be in the best interests of the child.' All Missouri statutory provisions concerning termination of parental rights are to be "construed so as to promote the best interests and welfare of the child." The factors to be considered in determining the "best interest of the child" are enumerated in the statute, but they are quite general. This Note focuses on the …

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Loyola of Los Angeles Law Review

No abstract provided.

Department Of Fisheries Annual Report 1992/93, Department Of Fisheries, Western Australia

Department of Fisheries Annual Reports

In accordance with Section 62 of the Financial Administration and Audit Act 1985, I submit for your information and presentation to Parliament the Annual Report of the Fisheries Department for the financial year ending 30 June 1993.

The Annual Report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985 and Sections 57 and 35M of the Fisheries Act 1905.

From this year the State of the Fisheries report will be incorporated into the Annual Report. It is also intended that the State of Fisheries be published as an extract of the Annual Report, …

Law And Bioethics, Alexander Morgan Capron, Vicki Michel

Loyola of Los Angeles Law Review

No abstract provided.

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

The Record - Vol. 23, Issue 11, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

The Forum (Volume 24, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Record - Vol. 23, Issue 10, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Malpractice Liability And Physician Autonomy, Frances H. Miller, Anthony Harrison

Faculty Scholarship

Opinion. Discusses legal modifications concerning liability for medical negligence evolving in similar ways in the United States and Great Britain. Parallel and divergent trans-Atlantic trends; Ailing and increasingly costly health care systems; Traditional relationships among doctors, hospitals and other health sector players.

The Record - Vol. 23, Issue 9, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

A Cry For Help: An Argument For Abrogation Of The Parent-Child Tort Immunity Doctrine In Child Abuse And Incest Cases, Caroline E. Johnson

Florida State University Law Review

No abstract provided.

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.