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The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune Jan 1991

The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune

University of Michigan Journal of Law Reform

Part I of this Note examines the primary means of compensating individuals whose property is affected by EMFs from nearby power lines: eminent-domain and inverse-condemnation proceedings. Although power lines adversely affect property values in several ways, 6 fear of the potential health problems caused by power lines has had the greatest impact.' v Part I evaluates the three approaches that courts have developed to determine whether plaintiffs can recover for the effect of public fears of EMFs on property values. This Part concludes that although testimony about the biological effects of EMFs should be inadmissible, property owners should be able …


Amgen, Inc. V. United States International Trade Commission: Designer Genes Don't Fit, Ann Sturtz Viksnins Jan 1991

Amgen, Inc. V. United States International Trade Commission: Designer Genes Don't Fit, Ann Sturtz Viksnins

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Two Notes On The Jurisprudence Of Privacy, Mark Tushnet Jan 1991

Two Notes On The Jurisprudence Of Privacy, Mark Tushnet

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., 79 Ky. L.J. 617 (1991), Kurt M. Zitzer, Marc Ginsberg Jan 1991

Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., 79 Ky. L.J. 617 (1991), Kurt M. Zitzer, Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Critical Race Theory: The Decline Of The Universalist Ideal And The Hope Of Plural Justice--Some Observations And Questions Of An Emerging Phenomenon, Gerald Torres Jan 1991

Critical Race Theory: The Decline Of The Universalist Ideal And The Hope Of Plural Justice--Some Observations And Questions Of An Emerging Phenomenon, Gerald Torres

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Recent Developments - Casenotes Jan 1991

Recent Developments - Casenotes

Southeastern Environmental Law Journal

No abstract provided.


Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., Kurt M. Zitzer, Marc D. Ginsberg Jan 1991

Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., Kurt M. Zitzer, Marc D. Ginsberg

Kentucky Law Journal

No abstract provided.


Kentucky Lawyer, 1991, University Of Kentucky College Of Law Jan 1991

Kentucky Lawyer, 1991, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr. Jan 1991

The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.

University of Richmond Law Review

The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.


The Exclusion Of Illegal Aliens From The Reapportionment Base: A Question Of Representation, Dennis L. Murphy Jan 1991

The Exclusion Of Illegal Aliens From The Reapportionment Base: A Question Of Representation, Dennis L. Murphy

Case Western Reserve Law Review

No abstract provided.


Law, Legitimacy And Coercion: One View From Law And Economics, Paul H. Brietzke Jan 1991

Law, Legitimacy And Coercion: One View From Law And Economics, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.


German Unification: Constitutional And International Implications, Albrecht Randelzhofer Jan 1991

German Unification: Constitutional And International Implications, Albrecht Randelzhofer

Michigan Journal of International Law

A discussion about the legal problems of German unification, taking into account the realms of German constitutional law, public international law, and the law of the European Communities.


Private Utilization Review, Marvis J. Oehm Jan 1991

Private Utilization Review, Marvis J. Oehm

Seattle University Law Review

This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.


Uniform Parentage Act: Ohio Recognizes Genetic Testing's Validity To Rebut The Presumption That The Natural Mother's Husband Is Not The Father, Karen R. Adams Jan 1991

Uniform Parentage Act: Ohio Recognizes Genetic Testing's Validity To Rebut The Presumption That The Natural Mother's Husband Is Not The Father, Karen R. Adams

University of Dayton Law Review

Hulett v. Hulett, 45 Ohio St. 3d 288, 544 N.E.2d 257 (1989).


Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers Jan 1991

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.


"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell Jan 1991

"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article suggests that the scope of enforceable section 1983 rights is broader than most courts have recognized. The Act creates comprehensive rights to 1) preplacement preventive services, 2) proper care while children are in state custody, and 3) permanency planning services. Courts must be more willing to recognize these rights and to take a more creative role in structuring injunctive relief when these rights have been violated. Part I is an overview of the Act. Part II analyzes the appropriateness of section 1983 claims under the Act. Finally, Part III analyzes the proper scope of section 1983 claims. The …


Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis Jan 1991

Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis

UIC Law Review

No abstract provided.


Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause Jan 1991

Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause

Faculty Publications

No abstract provided.


Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.


“Make The Ring In Your Mind” (Book Review), Emily A. Hartigan Jan 1991

“Make The Ring In Your Mind” (Book Review), Emily A. Hartigan

Faculty Articles

aking All the Difference, by Martha Minow, promised to render the multiple differences of race, gender, disability, and orientation, part of a whole discourse on difference. In this, the book is a success. Yet, the contradiction which Minow’s ideas play with her genre is bothersome. It is not that her way of writing is not valuable. Minow is remarkably lucid. But what she names at the outset—a relational approach, with a sensitivity to boundaries—she does not deliver. That conundrum, and why it seems to be—but is not—the unavoidable dilemma of the gifted female scholar in law today, is worth investigating.


Environmental Warfare [Comment], Bernard H. Oxman Jan 1991

Environmental Warfare [Comment], Bernard H. Oxman

Articles

No abstract provided.


Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander Jan 1991

Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander

Faculty Publications

No abstract provided.


Who's On First, What's On Second, Or A Discussion Of The Scope And Potential Misuse Of The Mixture And Derived-From Rules And Contained-In Policy, James C. Morriss Iii, Coon L. Coon Jan 1991

Who's On First, What's On Second, Or A Discussion Of The Scope And Potential Misuse Of The Mixture And Derived-From Rules And Contained-In Policy, James C. Morriss Iii, Coon L. Coon

SMU Law Review

No abstract provided.


God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg Jan 1991

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg

Law Faculty Scholarship

No abstract provided.


Patenting Biotherapeutics, Michael A. Sanzo Jan 1991

Patenting Biotherapeutics, Michael A. Sanzo

Hofstra Law Review

No abstract provided.


Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman Jan 1991

Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole Jan 1991

Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis Jan 1991

Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis

Cleveland State Law Review

This note examines the conflict over acceptance of DNA evidence. Part I discusses the process of DNA typing as a form of scientific evidence and the courts' responses to this novel technique. Part II examines the legislative responses to DNA typing. Part III explores the potential impact of the admissibility statutes both on the courts and on the accused. Finally, Part IV suggests areas of legislative regulation which may aid in resolving the current difficulties of DNA typing.


The New Rcra Cleanup Regime: Comparisons And Contrasts With Cercla, Richard G. Stoll Jan 1991

The New Rcra Cleanup Regime: Comparisons And Contrasts With Cercla, Richard G. Stoll

SMU Law Review

No abstract provided.


Evidence Engendered, Kit Kinports Jan 1991

Evidence Engendered, Kit Kinports

Faculty Scholarship

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.