Digital Commons Network^™

The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay

Cardozo Journal of Equal Rights & Social Justice

The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.

Limitations On Legislative Immunity: A New Era For Montana's Sovereign Immunity Doctrine, James E. Conwell

Montana Law Review

Limitations on Legislative Immunity: A new era for Montana's sovereign immunity doctrine

Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders

Fordham Law Review

No abstract provided.

Harry Edward's Nostalgia, Paul D. Reingold

Articles

Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.

Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Life Style, Health Status, And Distributive Justice, Robert L. Schwartz

Faculty Scholarship

The newest and most original scapegoat upon which we can place the blame for the high cost of health care are those whose life style choices puts their health or lives at risk. Of course, if our health care cost and access problems are a consequence of unhealthy choices made by autonomous individuals, we are relieved of the obligation of figuring out how to reform our health care delivery system. In that case, the solution to our health care problem is obvious - we merely need to impose appropriate penalties on those who make costly, immoral and unhealthy life style …

A Tribute To Thurgood Marshall, Peter N. Simon

Publications

No abstract provided.

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

The Polymerase Chain Reaction (Pcr): The Second Generation Of Dna Analysis Methods Takes The Stand, Kamrin T. Macknight

Santa Clara High Technology Law Journal

No abstract provided.

Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1991 , Alex Chartove

Santa Clara High Technology Law Journal

No abstract provided.

Correspondent Link Between A Protein And Nucleic Acid Sequence Does Not Render The Gene Obvious, Kamrin T. Macknight

Santa Clara High Technology Law Journal

No abstract provided.

In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth

Faculty Articles

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.

Sex Stories: A Review Of Sex And Reason, Margaret Chon

Faculty Articles

In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories that …

Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon

Faculty Articles

This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public trust, …

The United States Export Control Laws And Regulations, Minzhi He

LLM Theses and Essays

The current system of United States export controls began with the Export Control Act of 1949. Following World War II, Congress passed this legislation to establish a strategic embargo against communist nations in an attempt to control trade to further the national security and foreign policy interests of the West. In 1969, Congress reformed the export control laws by passing the Export Administration Act of 1969 – which contained no inherent limits. However, the increasing tension between the U.S. business interests and the national security and foreign policy interests made Congress once again alter the legislation and the Export Administration …

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle

Seattle University Law Review

Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …

Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …

Should The United States Have A Cultural Policy, John Frohnmayer

Villanova Law Review (1956 - )

No abstract provided.

Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar

Articles

In the past two decades, we have witnessed a "sea change in public, medical, and legislative judgments" about "letting die" and the "right to die." But it is no less true today than it was 35 years ago, when I first wrote about this subject, that in Anglo-American jurisprudence active euthanasia (what used to be called "mercy killing") is murder.

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

Articles

The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Unwed Father's Rights In New York: How Far Does The Protection Extend?, Elise Schlackman

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of unwed fathers' rights in New York, highlighting the Supreme Court's recognition of their constitutional protections, particularly in cases like Stanley v. Illinois, Caban v. Mohammed, and Lehr v. Robertson. It critiques New York's efforts to comply with these rulings, emphasizing the unconstitutionality of certain statutes and the need for clear legislative standards to balance fathers' rights with the best interests of the child.

Lawyer Competence: Perceptual Prisms, Self-Scrutiny, And The Looking Glass, Jonathan K. Stubbs

Law Faculty Publications

In recent years legal academia has begun to reimbrace in its scholarship an old and effective teaching device: narrative. This Essay respectfully tips its analytical mortar board in the direction of this venerable tradition passed down through countless generations of teachers and learners, inside the academy and out, and acknowledges a literary "debt" to Lewis Carroll as we consider a classic exchange between Alice and Humpty Dumpty. ...

Comment: Cover Your Ears, John H. Garvey

Case Western Reserve Law Review

No abstract provided.

Ownership And Ecology, Eric T. Freyfogle

Case Western Reserve Law Review

No abstract provided.

Feminist Thought And Corporate Law: It's Time To Find Our Way Up From The Bottom (Line), Ronnie Cohen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.