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The Twenty-Fifth Anniversary Of My Lai: A Time To Inculcate The Lessons, Jeffrey F. Addicott, William A. Hudson Jr

Faculty Articles

The spring of 1993 marks the twenty-fifth anniversary of the My Lai massacre and is an appropriate time to reinforce the lessons learned from the event. Each and every grave breach of the law of war represents a horrible scar on the credibility of the American military, as well as the civilized democracy it protects. In this context, My Lai stands as the greatest emblem of American military shame in the twentieth century. Nothing provides a greater vehicle for inculcating the necessity for strict adherence to the law of war than the lessons from the massacre at My Lai.

While …

Adding A Third Dimension: The Danadian Approach To Constitutional Equality Guarantees, C. Lynn Smith

Law and Contemporary Problems

No abstract provided.

Establishing An Independent Review Board At The European Bank For Reconstruction And Development: A Model For Improving Mdb Decisionmaking, Chris Wold, Durwood Zaelke

Duke Environmental Law & Policy Forum

No abstract provided.

Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter

Duke Environmental Law & Policy Forum

No abstract provided.

What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin

Duke Environmental Law & Policy Forum

No abstract provided.

Beaumont And/Or Fletcher: Collaboration And The Interpretation Of Renaissance Drama, Jeffrey A. Masten

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Collaborative Authorship And The Teaching Of Writing, Andrea A. Lunsford, Lisa Ede

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Role Of The Horrible In Understanding Medicine: A Meditation On David Rothman's Strangers At The Bedside, Edward P. Richards

Journal Articles

No abstract provided.

Proof In Law And Science, David H. Kaye

Faculty Scholarship

This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce

Faculty Scholarship

When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin

Fordham Law Review

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …

Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen

Fordham Law Review

In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.

In Search Of A Normative Principle For Property Division At Divorce [Book Review], Patricia A. Cain

Faculty Publications

No abstract provided.

Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin

Articles & Chapters

No abstract provided.

The Evolving Framework Of The United States Export Control System: A Case Study In Exporting Fiber Optic Telecommunications Systems To The Former Soviet Union, Linda M. Googins

University of Baltimore Law Forum

No abstract provided.

Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore

Faculty Scholarship

This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1990 , Alex T. Chartove, Joseph T. Fitzgerald

Santa Clara High Technology Law Journal

No abstract provided.

Genetic Screening And Insurance: Too Valuable An Underwriting Tool To Be Banned From The System, Naomi Obinata

Santa Clara High Technology Law Journal

No abstract provided.

The Clean Air Act And The Amendments Of 1990, Kristen Peters

Santa Clara High Technology Law Journal

No abstract provided.

Book Review [Licensing Guide For Practitioners] , Anna Longwell

Santa Clara High Technology Law Journal

No abstract provided.

International Intellectual Property: A Summary Of Recent Developments And Issues For The Coming Decade , Alan S. Gutterman

Santa Clara High Technology Law Journal

No abstract provided.

"He Wants To Do What?" Cryonics: Issues In Questionable Medicine And Self-Determination, John Labouff

Santa Clara High Technology Law Journal

No abstract provided.

Federal Acknowledgement Of American Indian Tribes: Authority, Judicial Interposition, And 25 C.F.R. § 83, William W. Quinn Jr.

American Indian Law Review

No abstract provided.

Fish Out Of Water: Setting A Single Standard For Allocation Of Treaty Resources, Eric Eisenstadt

American Indian Law Review

No abstract provided.

The Best Interests Of Indian Children In Minnesota, Lynn Klicker Uthe

American Indian Law Review

No abstract provided.

Aboriginal Claims To Cultural Property In Canada: A Comparative Legal Analysis Of The Repatriation Debate, Catherine Bell

American Indian Law Review

No abstract provided.

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena

Marine Affairs Theses and Major Papers

Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …