Digital Commons Network^™

Nuclear, Chemical, And Biological Weapons, Howard S. Levie

International Law Studies

No abstract provided.

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Statutory Protection Of The Other Mother: Legally Recognizing The Relationship Between The Nonbiological Lesbian Parent And Her Child, Elizabeth A. Delaney

UC Law Journal

Two recent decisions of the California Court of Appeal, Curiale v. Reagan and Nancy S. v. Michele G., have held that in the context of child custody and visitation battles, the status of legal parent is limited to biological and adoptive parents. The effect of these decisions is to seriously limit the options available to nonbiological parents in same-sex relationships who wish to pursue child custody and visitation actions.

This Note considers the legal remedies currently available to lesbian parents. It examines the existing, yet ineffective strategies, available to these parents in California and explains why the California statutory scheme …

Sirens' Lure Of Invented Consent: A Critique Of Autonomy-Based Surrogate Decisionmaking For Legally-Incapacitated Older Persons, James Bopp Jr., Daniel Avila

UC Law Journal

Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustaining treatment and care from a legally incapacitated older person as an exercise of that person's autonomy. Autonomy may be invoked even when the older person never issues an informed consent at the time a decision needs to be made. A consent to die may be invented by the surrogate on the older person's behalf through the creation of a "hologram" persona and a "dispositional" directive. The surrogate then asserts that the older person, not the surrogate, is the "autonomous" decisionmaker.

In this Article, Mr. Bopp and Mr. Avila …

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman

Faculty Articles

In this paper I undertake a very pragmatic and focused consideration of whether it is possible to rework existing legal concepts of privacy in a way that would be ideologically compatible with dominant social norms in order to shield single mothers from excessive state regulation and supervision. I ultimately conclude that my desire to protect the decisionmaking autonomy and the dignity of poor and/or single mothers cannot be satisfied by resort to this area of law. At the constitutional level, this is so because notions of privacy are typically articulated as rights belonging to individuals, not family entities. And …

Some Ethical Considerations For Judicial Clerks, John Paul Jones

Law Faculty Publications

Since 1875, new law graduates have served judges of federal and state courts as legal researchers, executive assistants, and professional confidants. In return, the best of the newest lawyers have gotten a chance to complement their classroom education with field study of bench and bar-from behind the bench. The ideal relationship which should develop between law clerks and their judges is symbiotic: the judges enjoying the energies and fresh perspectives of brand new professionals rated top among their contemporaries by law professors, and the law clerks obtaining tutorials by senior jurists regarded as among the best by their former peers …

The Failed Search For The Perfect Analogy: More Reflections On The Unusual Case Of John Moore, Henry L. Hipkens

Kentucky Law Journal

No abstract provided.

Why Do I Like Broccoli, Maurice B. Jr. Cohill

Journal of Criminal Law and Criminology

No abstract provided.

Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop

St. Mary's Law Journal

Abstract Forthcoming.

Initiation, Escalation And Desistance In Juvenile Offending And Their Correlates, Rolf Loeber, Magda Stouthamer-Loeber, Welmoet Van Kammen, David P. Farrington

Journal of Criminal Law and Criminology

No abstract provided.

Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher

Journal of Criminal Law and Criminology

No abstract provided.

Explaining Crimes And Analogous Acts, Or The Unrestrained Will Grab At Pleasure Whenever They Can, Hugh D. Barlow

Journal of Criminal Law and Criminology

No abstract provided.

The Cycle Of Crime And Socialization Practices, Joan Mccord

Journal of Criminal Law and Criminology

No abstract provided.

Advancing Knowledge About Co-Offending: Results From A Prospective Longitudinal Survey Of London Males, Albert J. Jr. Reiss, David P. Farrington

Journal of Criminal Law and Criminology

No abstract provided.

Regional Habitat Conservation Planning Under The Endangered Species Act: Pushing The Legal And Practical Limits Of Species Protection, J. B. Ruhl

SMU Law Review

No abstract provided.

The New Regulatory Horizon: Regulation Of Medical Waste, Cheryl L. Coon, Howard L. Gilberg

SMU Law Review

No abstract provided.

A Contractual Analysis Of Surrogate Motherhood And A Proposed Solution, Stephen G. York

Loyola of Los Angeles Law Review

No abstract provided.

The Seventh Circuit In Ben-Shalom V. Marsh: Equating Speech With Conduct, Gisela Caldwell

Loyola of Los Angeles Law Review

No abstract provided.

Abortion And The Viability Standard - Toward A More Reasoned Determination Of The State's Countervailing Interest In Protecting Prenatal Life, Mark J. Beutler

Seton Hall Law Review

No abstract provided.

Expert Testimony And The Presentation Of Scientific Evidence In Toxic Tort And Environmental Hazardous Substance Litigation, Roy Alan Cohen, Jodi F. Mindnich

Seton Hall Law Review

No abstract provided.

Criminalizing Hiv Transmission: New Jersey Assembly Bill 966, Lisa Black

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Radon In New Jersey: Is It Time For Mandatory Testing?, Deborah A. Bannworth

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Authoritarianism And The Rule Of Law, Lynne Henderson

Scholarly Works

No abstract provided.

Law's Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel

Washington and Lee Law Review

No abstract provided.

The Modern Law Of The Sea: Framework For The Protection And Preservation Of The Marine Environment, Moira L. Mcconnell, Edgar Gold

Case Western Reserve Journal of International Law

No abstract provided.

Expert Evidence, Samuel R. Gross

Articles

It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …

Freedom Of Expression And Choice Of Language, Leslie Green

Articles & Book Chapters

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.

Whistleblower Protection And The Office Of Special Counsel: The Development Of Reprisal Law In The 1980s, Bruce D. Fong

American University Law Review

No abstract provided.