Digital Commons Network^™

Reply To Cohen: Common Sense About Naked Statistics, David T. Wasserman

Cardozo Law Review

No abstract provided.

The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer

San Diego Law Review

This Article provides potential foreign investors and general readers with a broad overview of the Canadian environmental legal regime. It attempts to inform investors in Canadian businesses of the relevant environmental laws in order for the investor to assure that the project in which he has invested significant time, energy, and money is in compliance with all applicable laws. The constitutional basis for environmental legislation in Canada is analyzed. Also, the principal pieces of federal and provincial legislation are canvassed in an attempt to show the wide variety of activities that are regulated. The authors also review the principal bases …

By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas

San Diego Law Review

The maquiladora program allows Mexican laborers to work in American factories operating in Mexico. This program was specifically designed to generate employment and stimulate industry in Mexico. After a brief discussion of the current status and significance of the maquiladora industry, this Article explains the procedures for the transborder shipment of hazardous waste from Mexico to the United States, a hallmark of the maquiladora program. The authors analyze these procedures in light of anticipated regulatory and economic trends in the region. The analysis includes a discussion of the issue of commingled waste, as well as how NAFTA (North American Free …

A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters

San Diego Law Review

This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance …

Controlling Biotech Babies Following The Transfer Of Self-Replicating Inventions, Jeffrey W. Guise

San Diego Law Review

Transgenic animals are animals that are developed by inserting gene coding for a unique characteristic or valuable product into the genome of the animal. The animals can then pass this characteristic on to their progeny through reproduction. These animals can be patented in the United States as long as they meet the requirements of patentability set forth in patent law. This Comment examines the requirement of control that the patentee must exercise over the patented transgenic animals. If the patentee transfers the animal to a third party, the patentee runs the risk of losing control over the technology's use. Such …

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

The Forum (Volume 22, Number 2), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Resource Law Notes Newsletter, No. 23, Oct. 1991, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …

Canadian Tort Law: A Review For The Nineties, B T. Hill

Dalhousie Law Journal

My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …

The Need To Consider Children's Rights In Biological Parent V. Third Party Custody Disputes, James G. O'Keefe

Chicago-Kent Law Review

No abstract provided.

Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber

Natural Resources Journal

No abstract provided.

Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile

University of Arkansas at Little Rock Law Review

No abstract provided.

The Opinion Volume 32 Number 4 – October 1, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1991

Patent Policy + Protection Of Inventor's Rights = The Patentability Of Mathematical Algorithms, Patrick Edward Beck

University of Dayton Law Review

No abstract provided.

The Social Construction Of Adequacy, Patricia F. First, Louis F. Miron

The Journal of Law and Education

No abstract provided.

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …

Limitations Of Sovereign Immunity Under The Clean Water Act: Empowering States To Confront Federal Polluters, Corinne Beckwith Yates

Michigan Law Review

This Note considers whether civil penalties that states impose on federal agencies for violations of NPDES permits arise under federal law and thus are covered by the Clean Water Act's waiver of sovereign immunity - an issue the Supreme Court is scheduled to address during the 1991 term. Part I outlines the history of the Clean Water Act, discussing Supreme Court decisions and statutory amendments that affect the sovereign immunity provision. Part II explains the mechanics of the NPDES state permit process and examines, through analysis of statutory provisions, the degree of control retained by the EPA over individual states …

Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria

William & Mary Law Review

No abstract provided.

The Case For Integrated Pollution Control, Lakshman Guruswamy

Law and Contemporary Problems

An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.

Department Of Fisheries Annual Report 1990/91, Department Of Fisheries, Western Australia

Department of Fisheries Annual Reports

No abstract provided.

Oasis, Schyler Koon, Diane Russell, Lisa Story

UNLV Magazine

No abstract provided.

The World Without A Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of amending the amendment. Starting on a blank slate, as it were, should free us from current preconceptions about the law of search and seizure, ingrained after years of analyzing current dogma. Viewed from this fresh perspective, we might gain a better understanding of the values at stake when the state seeks to obtain evidence or detain suspects. This new understanding in …

Essay On The Mechanics Of Drug Testing, Carlton E. Turner

William & Mary Law Review

No abstract provided.

Letters To The Task Force, Richard A. Epstein, Mahmoud A. Elsohly, Herbert D. Kleber, John P. Morgan

William & Mary Law Review

No abstract provided.

Office Of The Legislative Analyst, K. Cannon

California Regulatory Law Reporter

No abstract provided.