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Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It seems to me that by drawing on the myth of Prometheus, Harry Arthurs has struck an important chord that we may find will resonate throughout the papers that are to be presented today. Particularly, by emphasizing the idea of being "unbound," President Arthurs has opened up a conversation that is premised upon the connection between law and freedom. I propose to take up and expand that conversation and, hopefully, to give it a significantly different orientation. Specifically, I want to identify and attempt to come to terms with an issue which, I fear, does not engender sufficient concern within …

Redefining Race In Saint Francis College V. Al-Khazraji And Shaare Tefila Congregation V. Cobb: Using Dictionaries Instead Of The Thirteenth Amendment, Jennifer G. Redmond

Vanderbilt Law Review

In 1987 the Supreme Court unanimously extended the protections of 42 U.S.C. sections 19811 and 19822 to ethnic groups, citing "Runyon v. McCrary. Runyon reinterpreted the legislative history of section 1981 to create a cause of action for blacks against both public and private discrimination in the making and enforcement of contracts. One year later a sharply divided Supreme Court ordered the parties in Patterson v. McLean Credit Union, a case in which the Court already had heard argument, to brief the Court anew and make arguments on an issue that none of the parties had raised--whether to overrule Runyonv. …

Solid Waste And Recycled Materials Under Rcra: Separating Chaff From Wheat, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Philosophers are accustomed to thinking of moral rights and consequentialist analyses as fundamentally incompatible. They frequently debate cases--both hypothetical and real--in which rights and consequences are in conflict. For example, suppose an innocent child knows the whereabouts of a terrorist who has planted a nuclear bomb in a city. Would it be permissible to violate the child's moral right to be free from torture, if this was the only way to save millions of innocent lives? If this is permissible, then do not moral rights yield to concerns about consequences? Or suppose that a community incorrectly believes that an innocent …

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

The U.S. Constitution And Religious Freedom, Gerard V. Bradley

Journal Articles

From the Article

"I shall develop two basic points in this article, composing a fuller diagnosis of that illness. The first describes the contemporary regime and its architects, the Justices of our Supreme Court. That regime and the Court are not dedicated to spiritual liberty. Its earmark is the "naked public square," one from which religious discourse has been evicted. The second contention simply describes how this represents a complete betrayal of our constitutional tradition."

Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

This article maps out the territory that must be explored in this very complex area and analyzes the implications of governmental regulation of the new reproductive technology. It suggests that the central issue for analysis is the extent to which authority to make decisions concerning reproductive potential should be allocated to individuals rather than to the government. The article describes approaches to allocating decision-making authority with respect to procreative issues. The first is a rights-based approach which emphasizes individual autonomy; this approach will not permit governmental regulation which interferes with personal autonomy in decision making, at least without good reason. …

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Enemies To Innovation: Protecting Biotechnology Inventions, Elizabeth F. Enayati

Santa Clara High Technology Law Journal

No abstract provided.

A New Twist In The Double Helix: Admissibility Of Dna Fingerprinting In California, Adrienne M. Grover

Santa Clara High Technology Law Journal

No abstract provided.

Biotechnology And The Commercial Use Of Human Cells: Toward An Organic View Of Life And Technology , Patricia A. Martin, Martin L. Lagod

Santa Clara High Technology Law Journal

No abstract provided.

Foreign Policy Statements Of Vice President George Bush And Governor Michael Dukakis, Geroge Bush, Michael Dukakis

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Current Theories On Expert And Novice Thinking: A Full Faculty Considers The Implications For Legal Education, John B. Mitchell

Faculty Articles

The author makes practical suggestions on how to improve law school pedagogy based upon schema and expert/novice theory.

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

Articles

In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

Articles

In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

Aids: Perspective On The American Family, Raymond C. O'Brien

Scholarly Articles

This paper will focus on the probable impact of AIDS upon family law and family issues in America. Although it is still too early to tell precisely what effect AIDS will have in these areas, it is essential for lawyers and other professionals to begin a dialogue now in order to face the many challenges which lie ahead as the disease continues to spread and impact family relationships.

Among the many subjects discussed below is the likely trend that fear of infection and death will restrict the societal demand and acceptance of new definitions of family. In order to provide …

Technology And Motherhood: Legal And Ethical Issues In Human Egg Donation, John A. Robertson

Case Western Reserve Law Review

No abstract provided.

Justice White Mixes More Than Just Color To Create A New Shade Of Racial Protection, Richard A. Di Lisi

Case Western Reserve Law Review

No abstract provided.

Civil Evidence, Linda L. Addison

SMU Law Review

No abstract provided.

The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.

Articles

The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.

This author's personal approach to legal affairs of this sort is to draw on the laws of biology …

Richmond Law Magazine: Winter 1989

Richmond Law Magazine

Features:

Professionalism: An Issue for the Bar and the Law Schools

Using Analogies to Persuade at Trial

Justice Powell Keynotes Scholarship Dinner: Law School recognizes scholarship donors and honors recipients

Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that "[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program]."' In School Board v. Arline, the Supreme Court held that a school teacher with a history of infectious tuberculosis was an "individual with handicaps" protected by section 504, and that the determination of whether she was "otherwise qualified" to teach elementary school required a sound medical assessment of the risks of contagion posed by …

Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that ‘[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program].’1 In School Board v. Arline,2 the Supreme Court held that a school teacher with a history of infectious tuberculosis was an ‘individual with handicaps' protected by section 504,3 and that the determination of whether she was ‘otherwise qualified’ to teach elementary school required a sound medical assessment of the risks …

Deconstructing Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Journal Articles

Sinclair Lewis (1885-1951) was a resolute critic of pretension in American business and in the professions. His only hero story is the story of a physician and research scientist, Arrowsmith (1925).' It is a story that puts up for examination Lewis's prescription for a moral life in the professions in America and, beyond that, it shows what professional life is like. I want to argue here that (1) although the story is useful for lawyers and for legal ethics, Lewis's principal moral prescription, a brief for individualism in professional life, is incoherent. The ethic of individualism, as Lewis grounds it, …

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

Our project is to contemplate a discrete piece of applied ethics in the American legal profession, a piece of what one might call Italian-American legal ethics. We propose to describe a moral value for which we will use the Italian word rispetto. Our understanding of rispetto is that it is a virtue, a good habit, through which the person learns, practices, teaches, and remembers his place within the family. We will argue here that the practice of this virtue will allow a modern lawyer to be in and of his or her civic and professional community without loss of dignity …

Issues Raised By The Abortion Rescue Movement, Charles E. Rice

Journal Articles

The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.