Digital Commons Network^™

Development And The Environment: A Global Balance, Barber B. Conable

American University International Law Review

No abstract provided.

Judicial Disqualification: Is Sexual Orientation Cause In California, Charles Malarkey

UC Law Journal

One of the most fundamental concepts of our legal system is the impartiality of judges. Statutes, case law, and professional codes set out the standards by which we measure improper bias in the judiciary. In California, section 170.2(a) of the Code of Civil Procedure states that a judge's membership in a "racial, ethnic, religious, sexual or similar group" is not a ground for disqualification in a proceeding involving the rights of the same group. This Note examines whether this provision should be applied to protect judges from disqualification based solely on sexual orientation. After concluding that legislative intent is inconclusive …

Does The Cold Nose Know--The Unscientific Myth Of The Dog Scent Lineup, Andrew E. Taslitz

UC Law Journal

Thousands of "dog scent lineups" have been conducted in both the United States and Europe. In a "dog scent lineup," a dog scents an object found at the scene of a crime and then sniffs a line of suspects (or objects touched by suspects). If the dog "alerts" to a particular suspect, that alert is used as substantive evidence that the person identified committed the crime. Such lineups have resulted in the conviction of persons for robbery, rape and murder, and have lead to sentences of life imprisonment or even death.

Most American courts have rejected legal challenges to dog …

Refocusing Abortion Jurisprudence To Include The Woman: A Response To Bopp And Coleson And Webster V. Reproductive Health Services, Barbara Cox

Faculty Scholarship

This Article seeks to refocus the abortion debate to include the impact of unwanted pregnancy on women. The first two sections of this Article challenge Bopp and Coleson's argument that a woman's right to choose an abortion enjoys no constitutional basis and that Roe should be reversed. A woman's constitutionally protected liberty and privacy rights are directly implicated by the state imposed pregnancy that results from restricted access to abortion. The third section disputes Bopp and Coleson's claim that the abortion right has become virtually inviolate, not subject to the state restrictions that the Court has allowed for other aspects …

On Strategy, Richard K. Neumann, Jr.

Fordham Law Review

No abstract provided.

International Management Of The Flathead River Basin, Dino Ross

Colorado Environmental Law Journal

No abstract provided.

Confronting Nuclear Terrorism, Louis Rene Beres

UC Law SF International Law Review

During the next several years, terrorist groups may resort to the insurgent use of nuclear explosives or radioactivity. Faced with this fearful prospect, the United States should now plan for optimal risk-reduction within the settled jurisprudential standards of international law. This paper, therefore, advises government leaders to fully understand the difference between lawful and unlawful insurgencies; to "harden the target" of nuclear materials, weapons, and reactors; and to implement an appropriate "behavioral" strategy of counter-nuclear terrorism. As the risk of nuclear terrorism has transnational implications, like-minded governments are also offered particular patterns of cooperation that involve, inter alia, support for …

The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard

UC Law SF International Law Review

Serious accidents compromising the environment and human health in developing nations are the result of increased hazardous waste exports. Domestic environmental legislation has failed to control these unchecked exports. The controversial Basel Convention offers a workable solution to slow hazardous waste export and to minimize waste production. This Note analyzes the Basel Convention's provisions and the positions of those opposed to them. The Note then compares the Convention to existing legislation in the United States and proposes modification and adoption of the Convention as a solution to the increasingly dangerous problem of inadequate waste disposal and international hazardous waste exports.

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

The Elderly Incompetent: The Right To Die With Dignity, Cary C. Homes

Campbell Law Review

This Comment will address the right to withdraw nutrition and hydration from the growing number of elderly incompetent patients who are dying, but who retain some minimal level of consciousness. Part I will discuss the legal bases for the right to refuse medical treatment. It will note the state interests that are contrary to this right, and will review important judicial decisions which have addressed an incompetent individual's right to have life-sustaining treatment withdrawn. Part II will discuss state legislatures' responses to this delicate issue. Part III will focus specifically on the withdrawal of feeding tubes from elderly incompetent, but …

The Republic Of Choice: Law, Authority, And Culture (Book Review), Burton M. Leiser

NYLS Journal of Human Rights

No abstract provided.

Dna "Profiles" - The Problems Of Technology Transfer, Michael J. Dirusso

NYLS Journal of Human Rights

No abstract provided.

Legal Discrimination Against Homosexuals In America And A Comparison With More Tolerant Societies, David Ben-Asher

NYLS Journal of Human Rights

No abstract provided.

Section 301 And The Appearance Of Unilateralism, Warren Maruyama

Michigan Journal of International Law

Despite extensive criticism, section 301 is a modest statute. It directs the United States Trade Representative (USTR), subject to the direction of the President, to take action if (1) the rights of the United States under a trade agreement are being denied, or (2) an act, policy, or practice of a foreign government is "unjustifiable" and burdens or restricts U.S. commerce. It also authorizes the USTR, again subject to the direction of the President, to act if (3) an act, policy, or practice of a foreign government is "unreasonable" and burdens or restricts U.S. commerce.

Creative Writers And Criminal Justice: Confronting The System (1890–1920), Maxwell Bloomfield

Scholarly Articles

By the early twentieth century the modernization of American criminal law had become an issue of widespread public concern, both in professional circles and in the popular press. Bar leaders, such as Roscoe Pound and William Howard Taft, proposed to improve the machinery of criminal justice by tightening procedural rules and enhancing the authority of trial judges. Their efforts at “scientific” law reform led to the creation of the American Institute of Criminal Law and Criminology in 1909.

Creative writers, on the other hand, influenced by the rise of literary realism, tended to produce popular novels and plays that sympathized …

Liability Without Fault And The Aids Plague Compel A New Approach To Cases Of Transfusion-Transmitted Disease, Alinka F. Baker

University of Colorado Law Review

No abstract provided.

The Land Ethic And Pilgrim Leopold, Eric T. Freyfogle

University of Colorado Law Review

No abstract provided.

State Constitutional Regulation Of Abortion, Michael R. Braudes

University of Baltimore Law Review

No abstract provided.

"Who Killed Cock Robin?" A Retrospective On The Bork Nomination And A Reply To "Jaffa Divides The House" By Robert L. Stone, Harry V. Jaffa

Seattle University Law Review

In an utterance that may have changed the history of the United States, and of the world, Lincoln argued that the grounds upon which one opposed the extension of slavery into the territories was inseparable from opposition to slavery itself. Similarly, I maintain that the ground upon which one argues for a constitutional jurisprudence of "original intent" is inseparable from such a jurisprudence. No one has ever formulated the doctrine of "original intent" jurisprudence with greater perspicacity or eloquence than did Chief Justice Taney in his opinion in Dred Scott. Furthermore, his judgment that a property interest in slaves …

Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner

Kentucky Law Journal

No abstract provided.

Green Property, J. Peter Byrne

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

No abstract provided.

Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler

Loyola University Chicago Law Journal

No abstract provided.

Liability Issues Arising From Hospitals' Use Of Temporary Supplemental Staff Nurses, Diana L. Nolte Huff

Loyola University Chicago Law Journal

No abstract provided.

The Aid Child And In Re Marriage Of Adams: Ambiguities In The Illinois Parentage Act (Or Who's Your Daddy?), Lauren S. Smith

Loyola University Chicago Law Journal

No abstract provided.

Book Reviews Of Women In The Military: An Unfinished Revolution, Women And War, Weak Link: The Feminization Of The American Military, And Arms And The Enlisted Woman, John M. Rogers

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

Book Review of Women in the Military: an unfinished revolution. By Jeanne Holm. Novato, Calif.: Presidio Press. 1982. Pp. xvii, 435 ; Women and War. By Jean Bethke Elshtain. New York: Basic Books. 1987. Pp. xvi, 288 ; Weak Link: The Feminization of the American Military. By Brian Mitchell. Washington: Regnery Gateway. 1989. Pp. viii, 232 ; Arms and the Enlisted Woman. By Judith Hicks Stiehm. Philadelphia: Temple University Press. Pp. viii, 331. Reviewed by: John M. Rogers.

The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr

Faculty Works

The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …

Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers

Book Chapters

The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …

State Of Utah V. Mills Johnson : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from the First District Court Cache County, Judge Gordon J. Low

Ilo Marie Grundberg, Janice Gray V. The Upjohn Company : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Petition for rehearing of appellees, Ilo Marie Grundberg individually, and Janice Gray, as a personal representative of the Estate of Mildred Lucille Coats

Ilo Marie Grundberg, Janice Gray V. The Upjohn Company : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Brief of petitioner the Upjohn Company on certified questions from the United States district court for the district of Utah