Digital Commons Network^™

On First Considering Whether Law Binds, Rex J. Zedalis

Indiana Law Journal

No abstract provided.

Nurture And Natural Law, David F. Forte

Law Faculty Articles and Essays

The state cannot take the place of the nurturing acts between individuals. It can assist the formation of those relationships. It can seek to prevent the vulnerabilities present in intimate relationships from resulting in harm (spousal abuse or abortion, for example), but it cannot construct its own alternative to how humans can beneficially interact. It can coordinate the generic basics of security, subsistence, and education; it can encourage patterns of nurturing (parental involvement in education, a wider range of information available in abortion decisions, welfare policies that reward bonding and independence); it can seek to prevent harm (rescuing those in …

State Interest Analysis And The Channeling Function, Carl E. Scheider

Book Chapters

In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …

On First Considering Whether Law Binds, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Evolution And Revolution In Family Law, Victoria M. Mather

Faculty Articles

Family law has significantly changed over the last twenty-five years, and certain areas will likely continue to change. Family law tends to follow, rather than lead, social upheaval and adjustment in family decisions and structures. The most important legal changes in family law are a result of massive shifts in American social, political, and economic constructs in the 1960s, 1970s, and 1980s.

Family law will continue to evolve because of three critical developments. First is the expansion of the concept of what constitutes a “family” in the modern context. Next is the treatment of children as autonomous individuals, separate and …

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

UF Law Faculty Publications

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.

Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.

Articles

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Mental Stress Claims In North Dakota: Evaluating The Compensability Of Mental Stress Claims Under North Dakota Workers' Compensation Law, Kurt Lamp

North Dakota Law Review

No abstract provided.

Mackinnon And Equality: Is Dominance Really Different?, Laura W. Brill

University of Arkansas at Little Rock Law Review

No abstract provided.

Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus

UC Law SF International Law Review

The accumulation of radioactive waste is increasingly becoming a world environmental crisis. Radioactive waste poses a special problem to the countries of the European Community. Europe has committed itself to nuclear power and has become one of the world's largest producers of nuclear energy. Moreover, with the 1992 unification of the European Community, nuclear energy output will increase, resulting in a growing production of radioactive waste. Within the European Community, the disposal of radioactive waste is governed by the Euratom Treaty. However, its effectiveness is sharply limited. Individual Member-states retain significant discretion under the Treaty to direct their nuclear energy …

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

Hofstra Law Review

The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

Hofstra Law Review

No abstract provided.

Examining The Right To Premortem Cryopreservation, Velly B. Polycarpe

Hofstra Law Review

No abstract provided.

Fatherhood From The Grave: An Analysis Of Postmortem Insemination, Sheri Gilbert

Hofstra Law Review

No abstract provided.

Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy

UF Law Faculty Publications

This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.

Book Review. Utopianism, Epistemology, And Feminist Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Women In The Crossfire: Should The Court Allow It , Pamela R. Jones

Cornell Law Review

No abstract provided.

Feminism's Return To Liberalism, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt

Indiana Law Journal

No abstract provided.

Professional Responsibility, Christopher D. Atwell

SMU Law Review

No abstract provided.

History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky

UC Law Journal

In the last decade, the Supreme Court increasingly has declared that constitutional interpretation should be controlled by tradition and history. Most importantly, the Court has ruled that rights should not be judicially protected under the Constitution unless there is a tradition of protection. Professor Chemerinsky describes this trend and accounts for its origins. He then argues that this heavy emphasis on history and tradition in constitutional interpretation fails to provide the desired constraint on judicial discretion and is undesirable as a method of analysis.

A Clash At The Bedside: Patient Autonomy V. A Physician's Professional Conscience, Judith F. Daar

UC Law Journal

Advances in medical science and technology have enabled physicians to effectively sustain patients' biological existence without curing or relieving their underlying illnesses. In some cases, physicians may perceive the application of these advances as medically futile or inappropriate. However, the jurisprudence of medical decision making has focused on patient autonomy, often giving patients the right to demand whatever treatments are available, regardless of cost, prognosis, and the advice of their physician.

Professor Daar examines the role a physician's professional conscience plays in the jurisprudence of medical decision making. After criticizing the courts' inconsistent response to a physician's assertion of professional …

He's Gotta Have It, Carol Sanger

Faculty Scholarship

In 1929, James Thurber and E.B. White observed that

[d]uring the past year, two factors in our civilization have been greatly overemphasized. One is aviation. The other is sex.... In the case of aviation, persons interested in the sport saw that the problem was to simplify it and make it seem safe.... With sex, the opposite was true.... The problem in this case was to make sex seem more complex and dangerous. This task was taken up by sociologists, analysts, gynecologists, psychologists, and authors.... They joined forces and made the whole matter of sex complicated beyond [our wildest dreams].... Sex, …

From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990s: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights?, Michael K. Jordan

Faculty Scholarship

The analysis of the constitutionality of curfew ordinances provides a window into a process that obfuscates rather than clarifies the nature of the constitutional problem. By defining the issue as one governed by rights, we limit our ability to comprehend the larger issue of how the Supreme Court has defined the relationship between minors, the family and society. The issue of the rights of minors as they relate to curfew ordinances offers a measure of solace by reducing the number of disturbing questions which concern cultural change and public policy decisions relating to the family. An understanding of this process …

From A Distance: Responding To The Needs Of Others Through Law, Lucie E. White

Montana Law Review

From a Distance: Responding to the needs of others through law

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

German Refuse Disposal: Sharing The Waste Worldwide, Robert Mckay

Brigham Young University Prelaw Review

The German garbage industry is becoming more lucrative and illegal. With the new "green dot" program recycling program and sizable tolls for using state owned dumps, many firms are using other alternatives to dispose of their waste. Sadly, some companies are turning to black market garbage brokers that ship the sometimes toxic, but always harmful waste out of the country. From Venezuela to Singapore (Der Spiegel 1992, 48), everything from old carcinogenic chemical pesticides to traces of German yoghurt containers have been found laying around the country side in small village dumps. Since 1988 the German government has been investigating …