Digital Commons Network^™

Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii

American Indian Law Review

No abstract provided.

Protecting Abused Children: A Judge's Perspective On Public Law Deprived Child Proceedings And The Impact Of The Indian Child Welfare Acts, Edward L. Thompson

American Indian Law Review

No abstract provided.

Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin

Articles & Chapters

The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …

The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman

Faculty Articles

This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.

Balancing Power Costs And Fisheries Values Under The Northwest Power Act, Michael B. Early, Egil Krogh

Seattle University Law Review

In addressing the anadromous fisheries resource affected by hydroelectric facilities in the Columbia River Basin, Congress directed that the Pacific Northwest Electric Power and Conservation Planning Council (Council) balance the values of this resource with the need for an economical electric power supply. The central thesis of this Article is that Congress, in the Northwest Power Act, required that appropriate mitigation measures for the fisheries resource shall be determined by balancing the fisheries values that would be achieved against the costs that would be incurred by electric power consumers. While some commentators have urged that an appropriate balancing does not …

Protecting Children In Nontraditional Families: Second Parent Adoptions In Washington, Carrie Bashaw

Seattle University Law Review

Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners' children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child's natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, …

Braschi V. Stahl Associates Co.: Much Ado About Nothing, Mary F. Gardner

Villanova Law Review (1956 - )

No abstract provided.

Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.

Articles

We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.

A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.

My opening remarks will …

Discrimination: The Difference With Aids, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas

Faculty Scholarship

Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …

Intoxication And Aggression, Jeffrey Fagan

Faculty Scholarship

Evidence of an association between use of illicit substances and aggressive behavior is pervasive. But the precise causal mechanisms by which aggression is influenced by intoxicants are still not well understood. Research on intoxication and aggression often has overlooked the nonviolent behavior of most substance users, controlled use of substances, and the evidence from other cultures of a weak or nonexistent relation between substance use and aggression. There is only limited evidence that ingestion of substances is a direct, pharmacological cause of aggression. The temporal order of substance use and aggression does not indicate a causal role for intoxicants. Research …

How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch

Faculty Scholarship

The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …

Department Of Fish And Game, J. Lee, Z. Loudon

California Regulatory Law Reporter

No abstract provided.

Water Resources Control Board, S. Wainer, S. Wood

California Regulatory Law Reporter

No abstract provided.

A Comprehensive Assessment Of Employment Drug Testing: Legal Battles Over Delicate Interests, Stephen Plass

San Diego Law Review

In this Article, Professor Plass, examines the development of the law in the area of drug testing in the public and private workplace. The author explores the law's impact on the relationship between employer and employee. Specifically, he cites the rising use of drugs in the United States for the proposition that, as time passes, people will harden and accept testing and related intrusions as a quid pro quo for initial or continued employment. Reviewing the pertinent case law and statutory law on the subject, the author assures the reader that numerous protections exist to guard against indiscriminate testing by …

Wetland Protection Under Section 404 Of The Clean Water Act: An Enforcement Paradox, Ted Griswold

San Diego Law Review

In this Comment, the author address section 404 of the Clean Water Act of 1977 and the paradox between the purported intention of the Act and its enforcement. Though the legislation was enacted to protect the nation's waters and wetlands, it is administered by agencies reluctant to enforce its provisions. The author highlights the reasons for the paradox and an overview of subsequent legislation and case law that would provide for more consistent enforcement. The author concludes by advocating citizen suits for immediate improvements and statutory changes for long-term improvements.

Personal Agenda In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

The Autonomy Of The Human Body In The Age Of Biotechnology, Catherine Tallerico

University of Colorado Law Review

No abstract provided.

Property Rights And Endangered Species, Holmes Ralston, Iii

University of Colorado Law Review

No abstract provided.

The Developing Law Of Land Use Planning On The Federal Lands, George Cameron Coggins

University of Colorado Law Review

No abstract provided.

The Uniform Putative And Unknown Fathers Act: Should Putative Fathers Have An Absolute Right To Notice In Adoption Proceedings, Donya K. Hicks

Tulsa Law Review

No abstract provided.

Morality Versus Slogans, Bernard Gert

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 1, 1988.

Alaska Fish & (And) Wildlife Federation & (And) Outdoor Council, Inc. V. Dunkel: The Alaskan Natives' Right To Migratory Bird Subsistence Hunting - Fact Or Fiction, Carrie E. Phelan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Constitutional Law - Equal Protection - Indigent Public School Students Denied Free Ride - Kadrmas V. Dickinson Pub. Schools, 108 S. Ct. 2481 (1988)., Robert Anthony Burke

Seton Hall Law Review

No abstract provided.

Health Effects Of Air Pollutants (Sulfur Dioxide, Ozone, And Carbon Monoxide), Robert A. Bethel

Air Quality Protection in the West (November 27-28)

19 pages (includes illustrations).

Contains references.

Motor Vehicle Air Pollution Control: The Remaining Issues, Michael P. Walsh

Air Quality Protection in the West (November 27-28)

26 pages (includes illustrations).

Contains references.

Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver

Air Quality Protection in the West (November 27-28)

17 pages.

Contains references.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …