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The Role Of The United Nations Environment Programme (Unep) In The Development Of International Environmental Law, Carol Annette Petsonk

American University International Law Review

No abstract provided.

The Timber Harvest Plan Exemption From The California Environmental Quality Act: Due Process And Statutory Intent, Ruth Mclay

UC Law Journal

The California Environmental Quality Act was enacted to prevent unnecessary environmental degradation and encourage citizen involvement in environmental protection. One of CEQA's most important means to accomplish this purpose is the environmental impact report, which requires state agencies to respond to public concerns regarding the significant environmental effects of proposed projects before they may be begun. An important exception to the EIR requirement is the exemption for timber harvesting. Although the exemption of timber harvesting is required by law to meet the standards of CEQA, this Note argues that it fails to do so. The Note contends that this exemption …

Watershed And Water Quality Protection In National Forest Management, Tony Arjo

UC Law Journal

One of the significant duties of the United States Forest Service is the protection of watersheds and water quality in the National Forests. The primary statutory authority for the Forest Service in this area is the National Forest Management Act of 1976 (NFMA). This Act was intended to transform the management practices that had embroiled the Forest Service in controversy during the 1960s and 1970s. This Note argues that while the NFMA added procedural protections, it also continues an historical tradition that allows the Forest Service to pursue management practices detrimental to watersheds and water quality as long as they …

International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram

Northwestern Journal of International Law & Business

This Article discusses international regulation of the sale and use of pesticides. It examines and compares national, regional, and international models as a means of achieving effective international regulation. For the national model, this article selected the United States because it was the first country to impose national restrictions on the export of pesticides. For the regional model, this article selected the European Economic Community because it has sovereign powers, and has been a market-driven entity. For the international model, this article selected the United Nations Food and Agriculture Organization because it has the most far-reaching code on the regulation …

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman

Faculty Articles

I begin with my version of the ideally antagonistic interaction of feminist theory with the law. I locate my discussion between the extremes of grand theory and unique experience. I consider the central, pressing task of feminist theory to be challenging existing law and legal doctrines through the articulation and establishment of a theory of difference. In this essay I divide my discussion of the theory of difference into two sections. The first section concerns the theoretical and political necessity of establishing the differences between men and women. Articulation of the extent of this manifestation of difference illustrates that the …

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Prenatal Injuries From Passive Tobacco Smoke: Establishing A Cause Of Action For Negligence, Julie E. Lippert

Kentucky Law Journal

No abstract provided.

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Law Faculty Scholarly Articles

Injuries from adverse drug reactions have increased dramatically in recent years. This increase is largely attributable to the changing nature of pharmaceutical products. First of all, more pharmaceutical products are currently available to physicians than ever in history. Presently, there are more than ten thousand prescription drugs on the market, and each year four hundred to five hundred new ones are introduced. Second, modern drugs often are more potent than their older counterparts, thus increasing the likelihood of adverse reactions.

It should come as no surprise that this rise in the number of drug-related injuries has led to a comparable …

Roosevelt City Corporation V. Ronald J. Nebeker : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Case No. 900292-CA BRIEF OF APPELLANT APPEAL ON THE CONVICTION OF DRIVING WITH A BLOOD ALCOHOL OF .08 OR GREATER IN THE EIGHTH CIRCUIT COURT IN AND FOR DUCHESNE COUNTY The Honorable A. Lynn Payne, Presiding.

Jensen V. Jensen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Fourth Amendment--The Reasonableness Of Suspicionless Drug Testing Of Railroad Employees, Heidi P. Mallory

Journal of Criminal Law and Criminology

No abstract provided.

Rational Choice, Deterrence, And Social Learning Theory In Criminology: The Path Not Taken, Ronald L. Akers

Journal of Criminal Law and Criminology

No abstract provided.

Family Law: Parent And Child, Ellen K. Solender

SMU Law Review

No abstract provided.

Wills And Trust, Lynne Mcniel Candler

SMU Law Review

No abstract provided.

To Copy Or Not To Copy: The Educator's Dilemma, Jay Dratler Jr.

The Journal of Law and Education

No abstract provided.

Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White

Buffalo Law Review

No abstract provided.

Whose Nature? Practical Reason And Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

Patenting The Human Genome, Rebecca S. Eisenberg

Articles

The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.

Shipwreck Legislation And The Preservation Of Submerged Artifacts, Timothy J. Runyan

Case Western Reserve Journal of International Law

No abstract provided.

Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Chemical warfare has long been considered a particularly loathsome form of combat. The specter of unprotected soldiers and nearby noncombatants incapacitated or killed within moments by invisible, silent, odorless vapors discharged by a far-distant enemy has terrified many, and has also energized repeated international attempts to prohibit, or at least to moderate, these applications of deadly science.

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

Old-Growth Forests On State School Lands—Dedicated To Oblivion?—Private Trust Theory And The Public Trust, John B. Arum

Washington Law Review

The application of private trust principles to management of state forest lands granted to Washington by Congress in the Enabling Act conflicts with the public trust established in the state constitution and hampers efforts to preserve ecological values on these lands. This Comment explores alternative common law doctrines which courts employ to construe restrictive land grants. Principles applying to dedications of land for public use better suit the task of harmonizing the language of the Enabling Act and the state constitution to allow for protection of ecological values on state forest lands.

Dedication

SMU Law Review

No abstract provided.

A New Twist In The War On Drugs: The Constitutional Right Of A Mentally Ill Criminal Defendant To Refuse Antipsychotic Medication That Would Make Him Competent To Stand Trial, Brian Domb

Journal of Law and Health

The purpose of this Note is to analyze what right, if any exists for a mentally ill criminal defendant to refuse the administration of antipsychotic drugs to gain competence to stand trial. Focusing mainly on the trial context of the right to refuse is not to suggest that there is not overlap between the right of a criminal defendant to refuse and the right of a civilly committed patient to refuse. Indeed, it is often unclear why an individual is brought to the emergency room of a general hospital and eventually committed, rather than being arrested and booked and later …

Chapter 5: Family Issues

Women's Annotated Legal Bibliography

Adoption and Surrogacy — p. 45

Child Custody — p. 50

Divorce and Related Financial Issues — p. 55

Educating and Housing Children — p. 63

Rights of Prisoners — p. 64

Interspousal Immunity — p. 66

Pregnancy and Motherhood — p. 68

Chapter 7: Health

Women's Annotated Legal Bibliography

Sexually Transmitted Diseases — p. 83

Fetal Tissue Transplants and Organ Donations — p. 86

Women and Work-Related Health Hazards — p. 88

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.

Utah V. Terry L. Hay : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

IN THE SUPREME COURT OF THE STATE OF UTAH