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Articles 34021 - 34050 of 39107
Full-Text Articles in Entire DC Network
"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker
"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker
University of Miami Law Review
No abstract provided.
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.
Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox
Faculty Scholarship
Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Fordham Law Review
No abstract provided.
Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines
Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines
UC Law SF International Law Review
There are recent encouraging examples of cooperation in international environmental affairs. However, nations have made only disappointing progress in developing international law to assign liability among nations for environmental injury. One positive step was taken when the U.N.-sponsored World Commission on Environment and Development appointed an Experts Group on Environmental Law. This Article describes and critiques the report of the Experts Group, taking some guidance from its principles, but finding many conclusions that should be changed. The Article proposes that international law should include expanded strict liability concepts applied to actual damages from environmental injury.
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
UC Law SF International Law Review
Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …
Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling
Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling
UC Law SF International Law Review
The Oriente region of Ecuador is one of the most biologically diverse rain forests in the world. This Article explores the negative effects of oil development on the Oriente's environment. The author discusses the direct devastation oil development wreaks on both the environment and the indigenous people of the Oriente. This Article also discusses the collateral consequences of oil development which include massive road building and colonization of the rain forest. The author explains the deficiencies in existing environmental regulations in the Oriente, and suggests the need for extensive study of the environmental impact of oil development and the need …
Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno
Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno
UC Law SF International Law Review
Anyone who is concerned about animals is inevitably outraged and frustrated by the atrocities committed in the international community by poachers and those who deal in the illegal trade of primates. This Note focuses on the widespread trade in endangered chimpanzees and gorillas, primates who are humans' closest living relatives on the planet. This Note gives explicit examples of the worldwide abuses committed by a host of First and Third World countries, exploring the systems by which Third World poachers export animals to First World agents under a guise of legitimacy. The Note then considers the governing international wildlife law, …
Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin
UC Law SF International Law Review
While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …
Promoting International Environmental Protections Through Foreign Debt Exchange Transactions, David Barrans
Promoting International Environmental Protections Through Foreign Debt Exchange Transactions, David Barrans
Cornell International Law Journal
No abstract provided.
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
UC Law SF International Law Review
Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
UC Law SF International Law Review
The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …
The Legal Dimensions Of In Vitro Fertilization: Cryopreserved Embryos Frozen In Legal Limbo, Anthony John Cuva
The Legal Dimensions Of In Vitro Fertilization: Cryopreserved Embryos Frozen In Legal Limbo, Anthony John Cuva
NYLS Journal of Human Rights
No abstract provided.
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Campbell Law Review
This Note discusses the nature, history, and effect of DNA profiling and supports the Pennington court's holding as the correct approach. Although the court adopted the majority view, and most likely the correct view, this area of law still remains in a state of confusion.
Incest And Intrafamilial Child Abuse: Fatal Attractions Or Forced And Dangerous Liaisons?, George P. Smith Ii
Incest And Intrafamilial Child Abuse: Fatal Attractions Or Forced And Dangerous Liaisons?, George P. Smith Ii
Scholarly Articles
No abstract provided.
New Reproductive Technology And Wisconsin Law: Fertility Clinics Making Law, Debbie K. Lerner
New Reproductive Technology And Wisconsin Law: Fertility Clinics Making Law, Debbie K. Lerner
Marquette Law Review
No abstract provided.
Prohibiting The Solicitation Of Abortion—Viewpoint Discrimination And Other Free Speech Problems: Will Free Speech Guarantees Be A Casualty Of The Moral Debate On Abortion?, William J. Swift
University of Baltimore Law Review
No abstract provided.
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
Seattle University Law Review
The "adventures in the language of the law" that follow examine some contemporary usage problems that have special implications for the law and suggest ways these problems might be avoided or resolved.
Book Review. Law's Patriarchy, Lynne N. Henderson
Book Review. Law's Patriarchy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Support For A Child's Post-Majority Education, Jeff Atkinson
Support For A Child's Post-Majority Education, Jeff Atkinson
Loyola University Chicago Law Journal
No abstract provided.
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
Loyola University Chicago Law Journal
No abstract provided.
Book Reviews Of Interpreting The Constitution: The Supreme Court And The Process Of Adjudication, And On Reading The Constitution, Larry Alexander
Book Reviews Of Interpreting The Constitution: The Supreme Court And The Process Of Adjudication, And On Reading The Constitution, Larry Alexander
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Interpreting the Constitution: The Supreme Court and the Process of Adjudication. By Harry H. Wellington. New Haven, Conn.: Yale University Press. 1990. Pp xii, 196 ; On Reading the Constitution. By Laurence H. Tribe and Michael C. Dorf. Cambridge, Mass.: Harvard University Press. 1991. Pp. 144. Reviewed by: Larry Alexander.
Patentability Of Genetically Engineered Life-Forms: Legal Issues And Solutions, 25 J. Marshall L. Rev. 119 (1991), Matthew B. Tropper
Patentability Of Genetically Engineered Life-Forms: Legal Issues And Solutions, 25 J. Marshall L. Rev. 119 (1991), Matthew B. Tropper
UIC Law Review
No abstract provided.
The Canada-U.S. Free Trade Agreement In Operation, Jean Anderson, Jonathan T. Fried
The Canada-U.S. Free Trade Agreement In Operation, Jean Anderson, Jonathan T. Fried
Canada-United States Law Journal
No abstract provided.
Feminist Jurisprudence, Christina B. Whitman
Feminist Jurisprudence, Christina B. Whitman
Book Chapters
In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of ''women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …
Of Fatherhood, Families, And Fantasy: The Legacy Of Michael H. V. Gerald D., Mary Kay Kisthardt
Of Fatherhood, Families, And Fantasy: The Legacy Of Michael H. V. Gerald D., Mary Kay Kisthardt
Faculty Works
No abstract provided.
The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr
The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The Moral Responsibilities Of Universities, Terrance Sandalow
The Moral Responsibilities Of Universities, Terrance Sandalow
Book Chapters
IN THE YEARS SINCE the Second World War, "higher education" has emerged as one of the major influences in American life. Well over 50 percent of the age cohort now in its teens or early twenties will attend a college or university, more than a five-fold increase from the prewar period. Moreover, colleges and universities now engage in so broad a range of activities that the appellation "higher education" no longer seems entirely appropriate to describe the institutions. Community colleges, but also four-year colleges and universities, play a major role in training individuals for skilled and semiskilled occupations. Universities are …
Restricting Surrogacy To Married Couples: A Constitutional Problem--The Married-Parent Requirement In The Uniform Satus Of Children Of Assisted Conception Act, Ann Maclean Massie
Restricting Surrogacy To Married Couples: A Constitutional Problem--The Married-Parent Requirement In The Uniform Satus Of Children Of Assisted Conception Act, Ann Maclean Massie
UC Law Constitutional Quarterly
No abstract provided.
Custody Rights Of Gay And Lesbian Parents, David M. Rosenblum
Custody Rights Of Gay And Lesbian Parents, David M. Rosenblum
Villanova Law Review (1956 - )
No abstract provided.