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Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck Jan 1992

Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …


Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss Jan 1992

Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss

Natural Resources Journal

No abstract provided.


The Significant Federal Circuit Cases Interpreting Section 112, Thomas L. Irving, Michael D. Kaminski, Walter Y. Boyd Jr, Mary Helmberger-Jones Jan 1992

The Significant Federal Circuit Cases Interpreting Section 112, Thomas L. Irving, Michael D. Kaminski, Walter Y. Boyd Jr, Mary Helmberger-Jones

American University Law Review

No abstract provided.


Beyond Animal Legal Defense Fund V. Quigg: The Controversy Over Transgenic Animal Patents Continues, Elizabeth Joy Hecht Jan 1992

Beyond Animal Legal Defense Fund V. Quigg: The Controversy Over Transgenic Animal Patents Continues, Elizabeth Joy Hecht

American University Law Review

No abstract provided.


"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs Jan 1992

"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs

American University Law Review

No abstract provided.


The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin Jan 1992

The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin

Faculty Scholarship

No abstract provided.


A Scary Tale: Battered Women Who Kill Their Abusers, Victoria M. Mather Jan 1992

A Scary Tale: Battered Women Who Kill Their Abusers, Victoria M. Mather

Faculty Articles

In recent years there has been a lot of attention focused on the specific issue of the battered women, and the battered women who eventually fight violence with violence. This is with good reason, since it is a widespread and serious problem for modern society. The authors whose works are discussed here struggle with notions of male dominance, experiment with legal tests, and manipulate the instruments of law enforcement in an attempt to figure out exactly what to do with, and for, these people in abusive relationships. However, as the authors themselves indicate, the problem is much deeper in modern …


Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz Jan 1992

Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu Jan 1992

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.


Managing Materials To Conserve Resources: Re-Designing Solid Waste Management At Mcdonald’S, S. Jackson Prince Jan 1992

Managing Materials To Conserve Resources: Re-Designing Solid Waste Management At Mcdonald’S, S. Jackson Prince

Duke Environmental Law & Policy Forum

No abstract provided.


Sex Discrimination (Update 1), Christina B. Whitman Jan 1992

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …


Lifting The Genealogical Veil: A Blueprint For Legislative Reform Of The Disclosure Of Health-Related Information In Adoption, Marianne Blair Jan 1992

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

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Dispute Settlement Mechanism Of The Nafta And Agriculture, James F. Smith, Marilyn Whitney Jan 1992

The Dispute Settlement Mechanism Of The Nafta And Agriculture, James F. Smith, Marilyn Whitney

North Dakota Law Review

No abstract provided.


Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein Jan 1992

Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein

Cleveland State Law Review

This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.


Family Law: Parent And Child, Ellen K. Solender Jan 1992

Family Law: Parent And Child, Ellen K. Solender

SMU Law Review

No abstract provided.


Reflections On Abortion: A Roll Of The Dice In Louisiana, Ruth Colker Jan 1992

Reflections On Abortion: A Roll Of The Dice In Louisiana, Ruth Colker

SMU Law Review

No abstract provided.


The Channelling Function In Family Law, Carl E. Schneider Jan 1992

The Channelling Function In Family Law, Carl E. Schneider

Hofstra Law Review

No abstract provided.


The Troubles With Law And Economics, Leonard R. Jaffee Jan 1992

The Troubles With Law And Economics, Leonard R. Jaffee

Hofstra Law Review

No abstract provided.


As The Asbestos Crumbles: A Look At New Evidentiary Issues In Asbestos-Related Property Damage Litigations, Lee S. Siegel Jan 1992

As The Asbestos Crumbles: A Look At New Evidentiary Issues In Asbestos-Related Property Damage Litigations, Lee S. Siegel

Hofstra Law Review

No abstract provided.


Pinning Gulliver Down: An Environmental Case Study On The Place Of Decentralized Power In Federal Administrative Law Doctrine, Colin Crawford Jan 1992

Pinning Gulliver Down: An Environmental Case Study On The Place Of Decentralized Power In Federal Administrative Law Doctrine, Colin Crawford

Faculty Publications By Year

No abstract provided.


The Right To Education As An International Human Right, Jost Delbruck Jan 1992

The Right To Education As An International Human Right, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Clear The Air, Robert L. Fischman Jan 1992

Clear The Air, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Postmodernism/Feminism/Law , Dennis Patterson Jan 1992

Postmodernism/Feminism/Law , Dennis Patterson

Cornell Law Review

No abstract provided.


Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber Jan 1992

Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber

Indiana Law Journal

No abstract provided.


Auctioneer Commission, W. C. Van Duyne Jan 1992

Auctioneer Commission, W. C. Van Duyne

California Regulatory Law Reporter

No abstract provided.


Some Unsolicited Advice To My Women Friends In Eastern Europe, Patricia M. Wald Jan 1992

Some Unsolicited Advice To My Women Friends In Eastern Europe, Patricia M. Wald

SMU Law Review

No abstract provided.


The Bendectin Litigation: A Case Study In The Life Cycle Of Mass Torts, Joseph Sanders Jan 1992

The Bendectin Litigation: A Case Study In The Life Cycle Of Mass Torts, Joseph Sanders

UC Law Journal

Mass torts are more than simple groupings of similar, but independent products liability suits; rather, they involve "congregations" of cases that may be profitably analyzed as units. In this Article, Professor Sanders examines the Bendectin litigation from the case congregation perspective. The key question in the Bendectin Cases has been the causation issue--does Bendectin actually cause birth defects? Consequently, Professor Sanders looks at more than just law; he also examines the scientific studies of Bendectin. The examination reveals that, like the cases, these studies have evolved over time. And from an even broader perspective, he illustrates how the law and …


Data Processing And Government Administration: The Failure Of The American Legal Response To The Computer, Paul Schwartz Jan 1992

Data Processing And Government Administration: The Failure Of The American Legal Response To The Computer, Paul Schwartz

UC Law Journal

The use of computers to process vast quantities of data is currently a vital aspect of government administration. In order to centralize control over massive government programs, government agencies commonly implement computerized data processing systems that collect and analyze personal information regarding millions of citizens, and make this information available to numerous government officials. Yet, in contrast to many European countries, the development of American law reflects scant awareness of the dangers of this application of computerized data processing. Professor Schwartz attempts to remedy this problem by developing a legal approach to regulating the government's use of computerized data processing …


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Bayonets For The Wounded: Constitutional Paradigms And Disadvantaged Neighborhoods, Donald P. Judges Jan 1992

Bayonets For The Wounded: Constitutional Paradigms And Disadvantaged Neighborhoods, Donald P. Judges

UC Law Constitutional Quarterly

No abstract provided.