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Patricia G. Smith (Taylor) V. Scott G. Smith : Brief Of Appellant, Utah Court Of Appeals Jan 1989

Patricia G. Smith (Taylor) V. Scott G. Smith : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE FINAL ORDER Off 1111 FOURTH JUDICIAL DISTRICT COURT OF THE BOUNTY, HON. RAY M. HARDING.


Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow Jan 1989

Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow

Georgetown Law Faculty Publications and Other Works

A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.


Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox Jan 1989

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox

Faculty Scholarship

In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …


Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak Jan 1989

Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak

Journal of Law and Health

While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …


Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Inc.: The Preclusion Of Actions To Redress Wholly Past Violations Of The Clean Water Act, Richard A. Di Lisi Jan 1989

Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Inc.: The Preclusion Of Actions To Redress Wholly Past Violations Of The Clean Water Act, Richard A. Di Lisi

Case Western Reserve Law Review

No abstract provided.


The International Applicability Of Section 7 Of The Endangered Species Act Of 1973, John C. Beiers Jan 1989

The International Applicability Of Section 7 Of The Endangered Species Act Of 1973, John C. Beiers

Santa Clara Law Review

No abstract provided.


Errol A. Wilstead V. Industrial Commission Of The State Of Utah, West Way Motor Freight, Liberty Mutual Insurance Company, And Employers Reinsurance Fund : Brief Of Appellant, Utah Court Of Appeals Jan 1989

Errol A. Wilstead V. Industrial Commission Of The State Of Utah, West Way Motor Freight, Liberty Mutual Insurance Company, And Employers Reinsurance Fund : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE ORDER ENTERED BY THE HONORABLE TIMOTHY C. ALLEN, ADMINISTRATIVE LAW JUDGE (ALJ) FOR THE INDUSTRIAL COMMISSION OF THE STATE OF UTAH, PURSUANT TO A HEARING HELD MARCH 16,1989


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1989

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year was significant on several fronts where delinquency was concerned. The General Assembly responded positively to fifteen years of advocacy for a separate administrative agency to deal with delinquent youths. There were several important Virginia decisions governing the transfer process in an era of growing concern about serious offenses by juveniles, and the Supreme Court of the United States brought some closure to constitutional attacks on the death penalty for minors.


Session Law 89-331, Florida Senate & House Of Representatives Jan 1989

Session Law 89-331, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 89-192, Florida Senate & House Of Representatives Jan 1989

Session Law 89-192, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 89-151, Florida Senate & House Of Representatives Jan 1989

Session Law 89-151, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 89-138, Florida Senate & House Of Representatives Jan 1989

Session Law 89-138, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Recent Books, Michigan Law Review Jan 1989

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Space Debris: Law And Policy In The United States, Howard A. Baker Jan 1989

Space Debris: Law And Policy In The United States, Howard A. Baker

University of Colorado Law Review

No abstract provided.


The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone Jan 1989

The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone

Faculty Publications

Because soil erosion affects the quantity and quality of farmland, it is a matter of great concern for both the government and the farm industry. Whereas in the past concern was over the potential damage to productivity, concern is now being voiced over off-site damage and water pollution. There are numerous federal programs set up to fight soil erosion, but they are all voluntary, thereby making it difficult for the government to target funds. The author reviews the seriousness of the problem, looks at the numerous government programs, and then analyzes the Food Security Act of 1985—the first act to …


Wilderness In Canada: Past, Present, Future, J. Gordon Nelson Jan 1989

Wilderness In Canada: Past, Present, Future, J. Gordon Nelson

Natural Resources Journal

No abstract provided.


Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt Jan 1989

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …


Bioethics And Law: The Second Stage – Balancing Intelligent Consent And Individual Autonomy, Judith C. Areen Jan 1989

Bioethics And Law: The Second Stage – Balancing Intelligent Consent And Individual Autonomy, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

The principle that government rests on the consent of the governed eventually spread beyond the political arena to alter such private behavior as the relationship between physician and patient. This Article examines the successive transformations of the principle of consent as it has developed in the field of law and bioethics from bare consent to informed consent, and then, more strikingly, to beyond informed consent. This most recent form of the principle may prove to be every bit as revolutionary as the idea of popular sovereignty in 17th century England.


Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley Jan 1989

Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley

Journal Articles

No abstract provided.


Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus Jan 1989

Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus

Journal Articles

No abstract provided.


Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley Jan 1989

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.


An Oral History Of The National War Labor Board And Critical Issues In The Development Of Modern Grievance Arbitration - Introduction, Calvin William Sharpe Jan 1989

An Oral History Of The National War Labor Board And Critical Issues In The Development Of Modern Grievance Arbitration - Introduction, Calvin William Sharpe

Case Western Reserve Law Review

No abstract provided.


Smith V. Cole: Triumph In Family Court, Pamela S. Nagy Jan 1989

Smith V. Cole: Triumph In Family Court, Pamela S. Nagy

Case Western Reserve Law Review

No abstract provided.


Fundamentalists' Efforts To Intervene In Curricular Decisions, Bruce Llewellyn Mcdermott Jan 1989

Fundamentalists' Efforts To Intervene In Curricular Decisions, Bruce Llewellyn Mcdermott

Case Western Reserve Law Review

No abstract provided.


Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter Jan 1989

Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


Anencephalic Infants As Organ Donors: A Question Of Life Or Death, Beth Brandon Jan 1989

Anencephalic Infants As Organ Donors: A Question Of Life Or Death, Beth Brandon

Case Western Reserve Law Review

No abstract provided.


From Red Lion Square To Skokie To The Fatal Shore: Racial Defamation And Freedom Of Speech, David Partlett Jan 1989

From Red Lion Square To Skokie To The Fatal Shore: Racial Defamation And Freedom Of Speech, David Partlett

Vanderbilt Journal of Transnational Law

This Article addresses, against the backdrop of possible legislative reforms in Australia, the tension between the desire to eliminate racial defamation and the need to protect freedom of speech. In an historical overview, Mr. Partlett notes an increasing sensitivity to racial issues in Australia in the face of an assumed but nebulously stated value of free speech. Mr. Partlett analyzes theoretical and legal approaches to free speech from Commonwealth and United States perspectives, and analysis of recent legal and social developments in civil rights in the United States makes this Article relevant for both Commonwealth and United States reformers in …


Death Of A Treaty: The Decline And Fall Of The Antarctic Minerals Convention, Deborah C. Waller Jan 1989

Death Of A Treaty: The Decline And Fall Of The Antarctic Minerals Convention, Deborah C. Waller

Vanderbilt Journal of Transnational Law

On June 2, 1988, in Wellington, New Zealand, thirty-three states signed the Convention on the Regulation of Antarctic Mineral Resources. This agreement, the product of six years of negotiation, fills a significant gap in the Antarctic Treaty System: it provides rules governing the prospecting, exploration, and development of minerals in Antarctica. Recently, however, two Antarctic Treaty Consultative Parties--France and Australia--have refused to ratify the Minerals Convention, instead advocating a permanent ban on mineral activities in Antarctica. Their opposition thwarts plans for the ratification of the Minerals Convention. This Note provides an overview of the present Antarctic Treaty System, sets forth …


The Marine Mammal Protection Act And International Protection Of Cetaceans: A Unilateral Attempt To Effectuate Transnational Conservation, Laura L. Lones Jan 1989

The Marine Mammal Protection Act And International Protection Of Cetaceans: A Unilateral Attempt To Effectuate Transnational Conservation, Laura L. Lones

Vanderbilt Journal of Transnational Law

This Note examines how the United States has used the Marine Mammal Protection Act to further international protection of cetaceans--dolphins, porpoises, and whales. The author first reviews the manifold reasons for protecting cetaceans. The author next describes the international operation of the Act as amended in 1984 by surveying those sections that have an impact on United States relations with other states and the regulations and cases that implement those sections. The author concludes that these restrictions have produced a decline in porpoise mortality, although more can be done. The author next describes the successes of the Act's treaty program. …


The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo Jan 1989

The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo

Cardozo Arts & Entertainment Law Journal

No abstract provided.