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Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …

Comprehensive References And Indexes, Volume 13 (1991-1992)

Cardozo Law Review

No abstract provided.

Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott

Osgoode Hall Law Journal

This essay argues that fiduciary obligation is a distinctive type of obligation. Its central rationale, nurturing and enforcing commitments to act loyally toward the interests of others, furnishes limits on the reach of fiduciary obligations. Attempts to characterize fiduciary obligation as solely a type of contractual obligation or as a concept best rationalized by the law of torts are unpersuasive, as are attempts to capture fiduciary obligation within definitions of altruistic behaviour. The author elaborates these arguments using examples drawn from partnership and corporate law.

The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.

University of the District of Columbia Law Review

Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …

Judicial Notice March 23rd, 1992 V18 N8, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

The Forum (Volume 22, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Death Privacy And The Free Exercise Of Religion , Tom Stacy

Cornell Law Review

No abstract provided.

The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton

Center for the Study of Ethics in Society Papers

The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.

Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin

Washington and Lee Law Review

No abstract provided.

Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon

Michigan Law Review

We first describe briefly mathematician Kurt Gödel's brilliant Incompleteness Theorem of 1931, and explore some of its general implications. We then attempt to draw a parallel between axiomatic systems of number theory (or of logic in general) and systems of law, and defend the analogy against anticipated objections. Finally, we reach two types of conclusions. First, failure to distinguish between language and metalanguage in mathematical self-referential problems leads to fallacies that are highly analogous to certain legal fallacies. Second, and perhaps more significantly, Gödel's theorem strongly suggests that it is impossible to create a legal system that is "complete" in …

Ferc Interaction With Fish And Wildlife Agencies In Hydropower Licensing Under The Federal Power Act Section 10(J) Consultation Process, Randal G. Buckendorf

Tulsa Law Review

No abstract provided.

Autopoiesis And Justice, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.

The Case Against Saddam Hussein--The Case For World Order, Andrew M. Warner

Mercer Law Review

The following Article is an excerpt from a paper written in the Fall of 1990. The author submitted the paper in December 1990 as partial fulfillment of the requirements of the Master of Laws program at the University of Virginia. The opinions and conclusions expressed are those of the individual author and do not necessarily represent the United States Army or other governmental agency.

The United Nations' Charter gives the Security Council enforcement authority for breaches of world peace. To be meaningful, rights must have remedies, and the Security Council should now pursue remedies to enforce the rights provided in …

Lifting The Genealogical Veil: A Blueprint For Legislative Reform Of The Disclosure Of Health-Related Information In Adoption, D. Marianne Brower Blair

North Carolina Law Review

No abstract provided.

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan

Washington and Lee Law Review

No abstract provided.

Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney

Washington and Lee Law Review

No abstract provided.

The Constitutional Rights Of Putative Fathers Recognized In Louisiana's New Children's Code, Teanna West Neskora

Louisiana Law Review

No abstract provided.

Is It Possible To Take Both Fetal Life And Women Seriously? Professor Laurence Tribe And His Reviewers, Samuel W. Calhoun, Andrea E. Sexton

Washington and Lee Law Review

No abstract provided.

Germany Reunified: International And Constitutional Problems, Helmut Steinberger

BYU Law Review

No abstract provided.

"Atomistic Man" Revisited: Liberalism, Connection, And Feminist Jurisprudence, Linda C. Mcclain

Faculty Scholarship

One of the major strains of feminist jurisprudence has criticized American law, and the liberal jurisprudence and political philosophy on which it is said to be grounded, as male or masculine.' A central theme of the critique has been that the law embodies a masculine perspective in emphasizing autonomy and the individual over interdependency and the community. Liberalism has been viewed as inextricably masculine in its model of separate, atomistic, competing individuals establishing a legal system to pursue their own interests and to protect them from others' interference with their rights to do so. Hence, it is said that liberal, …

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Autopoiesis In America, Stephen Diamond

Cardozo Law Review

No abstract provided.

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.

Interpretation Versus Understanding Systems, Hans Ulrich Gumbrecht

Cardozo Law Review

No abstract provided.

Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann

Cardozo Law Review

No abstract provided.

Mandatory Planning For Divorce, Jeffrey E. Stake

Vanderbilt Law Review

My daughter Laura will reach the median age of first marriage in about seventeen years.' Alison, her little sister, follows three years be hind. There is a good chance they both will marry. What are the odds that those marriages will work out well? Less than I would like. The strong statistical possibility of divorce is hard to ignore and the prospects upon divorce are not rosy. The economic repercussions of divorce for Laura and Alison could be grim, likely worse than those for their brother Christopher if he were to divorce.' What hope have I that this gloomy situation …

The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin

Vanderbilt Law Review

In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""

The decision to fund this Initiative, the largest biology project in …