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The Emperor's Clothes Are Not Efficient: Posner's Jurisprudence Of Class, Mark M. Hager

American University Law Review

No abstract provided.

Symposium Do We Own Our Bodies?, Guido Calabresi

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West

Georgetown Law Faculty Publications and Other Works

What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …

The Monkey's Paw: Regulating The Deliberate Environmental Release Of Genetically Engineered Organisms, Robert Saperstein

Washington Law Review

The deliberate release of genetically engineered organisms poses uncertain but potentially grave risks to the environment. The governing federal and state environmental regulations are inefficient and do not protect environmental integrity. This Comment examines the deliberate release of genetically engineered organisms in the context of federal and state environmental laws. It concludes that the current regulatory schemes are inadequate and proposes changes to meet the goals of effective environmental regulation.

Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau

International Law Studies

No abstract provided.

Modern Technology And The Law Of Armed Conflict At Sea, Horace B. Robertson Jr.

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

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

Journal of Law and Health

By a careful examination of the Accutane experience, both here and abroad, I will illustrate some of the shortcomings of the current American system of drug regulation. There are a number of ways in which this system fails to live up to the strict regulatory philosophy that it purports to follow; in particular, there are systematic inadequacies in the design of clinical trials, the official labeling received by drugs, and the manner in which adverse reaction reports are collected and assessed. Additionally, although the system often works well, there are natural limitations to a system of pre-approval testing; for some …

Chapter 1: Abortion And Reproductive Rights

Women's Annotated Legal Bibliography

Overview of Abortion Rights — p. 3

Abortion Clinics — p. 5

Abortion Funding — p. 7

Minor’s Rights — p. 11

Abortion Jurisprudence — p. 11

Reproductive Technology — p. 14

Right to Privacy — p. 19

Chapter 6: Family Issues

Women's Annotated Legal Bibliography

Overview — p. 95

Adoption and Surrogacy — p. 98

Child Care — p. 101

Child Custody and Support — p. 104

Divorce and Related Financial Issues — p. 113

Inheritance — p. 119

Intrafamilial Abuse — p. 121

Paternal Rights — p. 127

Pregnancy and Motherhood — p. 131

Miscellaneous Family Issues — p. 141

Chapter 13: Women And The Law

Women's Annotated Legal Bibliography

Law School Diversity — p. 193

Legal Careers — p. 196

Feminist Jurisprudence — p. 200

Crime and Punishment — p. 208

Gender Bias in the Courts — p. 210

Regulation Of Hate Speech By Educational Institutions: A Proposed Policy, Jack M. Battaglia

Santa Clara Law Review

No abstract provided.

Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara

St. Mary's Law Journal

Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

Family Law: Wrongful Adoption In Oklahoma: An Examination Of Issues Of Adoption Agency Liability, Kathleen R. Parker

Oklahoma Law Review

No abstract provided.

Universalism And Sexual Harassment, Todd B. Adams

Oklahoma Law Review

No abstract provided.

Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane

University of Richmond Law Review Symposium

"Organization and Presentation of a Complex Case" lecture given by Francis H. Hare Jr., a partner in the law firm of Hare, Wynn, Newell & Newton, in Birmingham, Alabama.

"Judicial Management of Complex Cases" lecture given by the Honorable Robert M. Parker, Chief Judge of the United States District Court for the Eastern District of Texas.

"Complex Litigation in the Public Sector" lecture given by Gerald A. Connell, a member of the firm of Baker & Hostetler, in Washington, D.C.

"The Future of Complex Litigation" lecture given by Mary Kay Kane, academic dean and Professor of Law at Hastings College …

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.

At What Cost Will The Court Impose A Duty To Preserve The Life A Child, David S. Lockemeyer

Cleveland State Law Review

The purpose of this Note is to explore the issues surrounding parental consent for a surgical invasion of one child to save the life of a sibling. This Note focuses on the courts role in permitting organ transplantation. In addition, it will discuss the new developments in medical science regarding living donors and the concept of transplantation of regenerative organs and the possible impact on the court. Next, this Note analyzes the elements of duty to rescue, best interest and substituted judgment and the court's use of the various tests to justify invasion of a child's body. This Note examines …

Nuclear Employers No Longer Shielded From Whistleblower State Tort Claims: Fallout From English V. General Electric Company, Thomas Michael Rittweger

Hofstra Labor & Employment Law Journal

No abstract provided.

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

Hofstra Law Review

No abstract provided.

Racial Insults And Free Speech Within The University, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …

Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

It is by now an open secret that current interpretations of the meaning of the equal protection clause of the Fourteenth Amendment, and of its relevance and mandate for contemporary problems of racial, gender, and economic justice, are deeply and, in a sense, hopelessly conflicted. The conflict, simply stated, is this: to the current Supreme Court, and to a sizeable and influential number of constitutional theorists, the "equal protection of the laws" guaranteed by the Constitution is essentially a guarantee that the categories delineated by legal rules will be "rational" and will be rationally related to legitimate state ends. To …

Genetic Discrimination: The Use Of Genetically Based Diagnostic And Prognostic Tests By Employers And Insurers, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This paper analyzes the law, ethics and public policy concerning "genetic discrimination," defined as the denial of rights, privileges or opportunities on the basis of information obtained from genetically based diagnostic and prognostic tests. The Human Genome Initiative will enhance the ability to gather and organize information that may predict a person's future potential and disabilities. Enormous human benefits may ensue from understanding the etiology and pathophysiology of genetic disorders, including disease prevention through genetic counseling, and treatment of the disorders through genetic manipulation. This information will help clinicians understand and eventually treat many of the more than 4,000 diseases …

Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article proposes, as a new element of the "liberal internationalism" that should characterize the post-Cold War world, a simultaneous solution to these three problems. The nations of the world should negotiate a series of multilateral agreements to stop the spread of advanced weaponry, and include in each of them, as an overt incentive for developing states to accept the disarmament and verification obligations, provisions that explicitly require the affluent, developed states to make specified monetary and in-kind transfers to the third world parties. The new regime should also provide stronger-than-customary treaty procedures for clarifying ambiguities, adjudicating claims, and resolving …

Joint Ventures Under Eec Law, Barry E. Hawk

Fordham International Law Journal

This Article attempts to construct an intellectually coherent and predictable analysis of joint ventures, an undertaking which faces more serious problems under EEC law than U.S. law. First, EEC law makes it necessary to determine whether the Merger Regulation or Article 85 applies to any given joint venture. Second, Article 85's unfortunate bifurcation into paragraphs (1) and (3) (notification or nullity) and the resultant division of what should be a single antitrust analysis poses significant obstacles in the EEC treatment of joint ventures.

Natural Law And The Law Of Nations: Some Theoretical Considerations, James V. Schall, S.J.

Fordham International Law Journal

I will argue here that the law of nations, the jus gentium, in fact lies at the heart of many crucial modern social and political issues.

Conscious Pain And Suffering Is Not A Matter Of Degree, Daniel J. Gabler

Marquette Law Review

No abstract provided.

The Legal Education Of Women: From "Treason Against Nature" To Sounding A "Different Voice", Christine M. Wiseman

Marquette Law Review

No abstract provided.

Foreword, Jane Hicks

MC Law Review

Foreword