Digital Commons Network^™

Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden

Touro Law Review

No abstract provided.

Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin

Touro Law Review

No abstract provided.

The Jewish Perspective In International Law, Pnina Lahav

Faculty Scholarship

Let me start with two qualifications.

First, this question: is defining the term "Jewish" essential to an exploration of a Jewish vision of international law? The historian Jacob Talmon recalls an exchange between a Gentile and a Jew:

"I thought you were Jewish," said the Gentile.

"Well," answered the Jew, "by a biological standard I am Jewish, since both of my parents were Jewish, but it is 20 years since I sent a letter of resignation to the Jewish community."

"I see," answered the Gentile, "you mean that Jewishness is like a club."

The anecdote captures the evasive quality of …

Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg

Faculty Scholarship

In a time marked by dramatic global change, women and men persecuted because they are lesbian or gay form part of the growing pool of international refugees. Their persecution takes the form of police harassment an assault, involuntary institutionalization and electroshock and drug "treatments," punishment under laws that impose extreme penalties including death for consensual lesbian or gay sexual relations, murder by paramilitary death squads, and government inaction in response to criminal assaults against lesbians and gay men. The survival of these women and men, like the survival of all refugees, depends on obtaining asylum outside the home country. Yet, …

The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey A. Fagan

Faculty Scholarship

Ten years after the U.S. Attorney General's Task Force on Violent Crime considered problems of violence in the United States, and on the heels of a National Academy Sciences report on violence, the nation seems poised to begin a new "war on violence." Past "wars" on crime problems, including the recently stalemated "war on drugs" have focused primarily on males. This one promises to be no different. Violence continues to be viewed as the province of young males in urban areas. According to the Uniform Crime Reports, over 75% of homicide victims in 1990 were males, and over 85% of …

Chaos Theory And The Justice Paradox, Robert E. Scott

Faculty Scholarship

"[T]he laws have mistakes, and you can't go writing up a law for everything that you can imagine."

"When you reach an equilibrium in biology you're dead."

As we approach the Twenty-First Century, the signs of social disarray are everywhere. Social critics observe the breakdown of core structures – the nuclear family, schools, neighborhoods, and political groups. As these traditional social institutions have disintegrated, the law has expanded to fill the void. There are more laws, more lawyers, and more use of legal mechanisms to accomplish social goals than at any other time in history. The custodians and interpreters of …

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

Articles

The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke

Faculty Scholarship

What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?

If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …

Preferred Generations: A Paradox Of Restoration Constitutions, András Sajó

Cardozo Law Review

No abstract provided.

The Right Of Privacy, Sustained, Gerard V. Bradley

Journal Articles

Traditionally the "right of privacy" concerned the security of certain places (chiefly, one's home) and, to a lesser extent, materials (books, papers) that were especially self-revealing. This right of privacy makes eminent philosophical sense, and it is protected by explicit constitutional guarantees, conspicuously including the Fourth Amendment, which provides that "[t]he right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated." The Rehnquist Court has regularly accorded less weight to this privacy in the "balance" against "law enforcement interests" than did the Warren and Burger Courts. Expanded authority …

Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza

Journal Articles

The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis

Journal Articles

These reflections focus on three members (one professor and two alumni) of my Oxford college. Though University College officially bears the name The Great Hall of the University of Oxford, it is only one of that university's 30 colleges, and not a particularly large one-only about 450 students and teaching fellows like myself. My title's focus on one named law professor may already seem narrow. How then, you may wonder, can adding two more names from the same little institution in England make this lecture less parochial, and more relevant to Southern Illinois?

Sponsorship Strategy: A Reply To Floyd Abrams And Professor Saks, Paul L. Colby, Robert H. Klonoff

Maryland Law Review

No abstract provided.

An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph

Maryland Law Review

No abstract provided.

The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen

Faculty Scholarship

With this book, the first in a projected series of at least three volumes, Bruce Ackerman confirms what attentive readers of his law review articles of the past ten years have already known-he is the most original and important writer on constitutional theory in the contemporary English-speaking world. We the People: Foundations, despite its informal, sometimes overly talky style, is not an easy book. Filled to the brim, even to overflowing, and containing many gestures in the direction of arguments to be made in future volumes rather than the substance of the arguments themselves, it presents both the casual reader …

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

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

California Energy Commission, M. Amador

California Regulatory Law Reporter

No abstract provided.

Board Of Forestry, B. Renner, W. S. Schumacher

California Regulatory Law Reporter

No abstract provided.

Environmental Torts, Troyen A. Brennan

Vanderbilt Law Review

Over the last two decades, a new class of torts has emerged that targets personal injuries caused by toxic substances in the environment. These hybrid environmental torts are quite distinct from the trespass-nuisance precedent that is part of traditional tort theory; nor are environmental torts simply a subset of the mass hazardous sub- stance litigation that has remade product liability law. Environmental torts are informed, in a way product law is not, by environmental regulation. These torts are unique because their deterrent signal is transmitted to producers of hazardous environmental pollutants by litigants who have suffered physical injury or disease. …

Do African-Americans Need Immersion Schools? The Paradoxes Created By Legal Conceptualization Of Race And Public Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Feminist Legal Epistemology, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

The Endangered Species Act And It's Implementation By The U.S. Departments Of Interior And Commerce, Oliver A. Houck

University of Colorado Law Review

No abstract provided.

The Future Environmental Agenda For The United States, Bruce Babbitt

University of Colorado Law Review

No abstract provided.

The Ongoing Struggle Between Private Property Rights And Wetlands Regulation: Recent Developments And Proposed Solutions, Flint B. Ogle

University of Colorado Law Review

No abstract provided.

Conservation Obligations Under The Endangered Species Act: A Case Study Of The Yellowstone Grizzly Bear, Brian L. Kuehl

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol. 65, Issue 1)

University of Colorado Law Review

No abstract provided.

American Jurisdiction: A Story Of Comparative Neglect, Frederich K. Juenger

University of Colorado Law Review

No abstract provided.

Where Environmental Law And Biology Meet: Of Panda's Thumbs, Statutory Sleeper, And Effective Law, William H. Rodgers

University of Colorado Law Review

No abstract provided.

Extinction And The Law: Protection Of Religiously-Motivated Behavior, Fred P. Bosselman

Chicago-Kent Law Review

No abstract provided.