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Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …

California Coastal Commission, T. Clark, J. Hedegard

California Regulatory Law Reporter

No abstract provided.

Department Of Fish And Game, D. Kelly, D. Rashkow

California Regulatory Law Reporter

No abstract provided.

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

All Faculty Publications

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and …

Corporatisation: Implementing Forest Management Reform In New Zealand, Robert L. Fischman, Richard L. Nagle

Articles by Maurer Faculty

No abstract provided.

The Indian Child Welfare Act Of 1978: Protecting Essential Tribal Interests

University of Colorado Law Review

No abstract provided.

Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley

University of Colorado Law Review

No abstract provided.

Taking Account Of The Ecosystem On The Public Domain: Law And Ecology In The Greater Yellowstone Region, Robert B. Keiter

University of Colorado Law Review

No abstract provided.

The Case For Private Instream Appropriations In Colorado

University of Colorado Law Review

No abstract provided.

Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson

Cardozo Law Review

No abstract provided.

The Toxic Time Bomb: Municipal Liability For The Cleanup Of Hazardous Waste, Steven Ferrey

Suffolk University Law School Faculty Works

This article analyzes how the United States Environmental Protection Agency may be mis-allocating the monumental clean-up burden under the Superfund statute and thereby increasing the burden on other potentially liable parties. At issue is municipal and regional governmental liability for the handling and disposal of municipal solid waste. This article analyzes a widespread EPA non-prosecution practice and argues that under the current statute it violates federal hazardous substances laws.

This article dissects the municipal waste stream, assessing the volume, toxicological, and hazardous constituents of those substances America discards as waste. On a per capita basis, each American is responsible for …

Vol. 37, No. 12, November 30, 1988, University Of Michigan Law School

Res Gestae

•Law Library Ranked Highest in Survey •Dworkin Indicts Porn •Commissioner Quigg Says Animal Patents are Progress •Mailbox Rule •Flybacking on the Cheap •Where Left Meets Right •Gideon's Lawyer •Leave Mertz Alone •Patent Commissioner Discusses Bio Issues •Crossword •Sexist Grammar Should Be Eliminated •Lullo, Zemanick Lead RG Football Contest •Law in the Raw

The Record - Vol. 16, Issue 15, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

The Record - Vol. 16, Issue 14, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

The Record - Vol. 16, Issue 12, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Biomedical Ethics In The Soviet Union, Richard T. De George

Center for the Study of Ethics in Society Papers

*This is an abbreviated version of a paper presented first at a joint MIT-Harvard Faculty Seminar on the humanistic dimensions of Soviet Science on November 20, 1987, and then at the Western Michigan University Ethics Center on February 10, 1988. An expanded, fully documented version, under the title "Soviet Biomedical Ethics" will appear in a volume edited by Loren Graham, and tentatively entitled The Human Side of Soviet Science, Harvard University Press, 1989.

Absolute Immunity For State-Law Torts Under Westfall V. Erwin: How Much Discretion Is Enough?, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

The plaintiff who seeks to maintain an action in tort against a federal employee has basically two choices. First, after complying with various procedural requirements, the plaintiff may initiate suit under the Federal Tort Claims Act (FTCA) against the United States. The act is a waiver of sovereign immunity and, in spite of the existence of exceptions to its coverage, has generally been interpreted broadly.

The other alternative available to the plaintiff is a suit against the employee in his individual capacity based upon either state-law or constitutional tort. One of the employee's first lines of defense against such actions …

The Record - Vol. 16, Issue 11, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin

Translated Opinions

The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …

The Opinion Volume 29 Number 5 – October 12, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1988

The 1988 Solid Waste Management Act -- Facing Up To The "Garbage" Component Of Florida's Burgeoning Growth, William D. Preston, Thomas M. Derose

Florida State University Law Review

Due in part to the high rate of population growth in Florida and the increasing rates of solid waste generation by Floridians, the problem of solid waste management has generated serious statewide concern. In an effort to address this critical environmental issue, the Florida Legislature during the 1988 Regular Session passed the Solid Waste Management Act. In this Article, Mr. Preston and Mr. DeRose outline the development of this significant new legislation, summarize its main provisions, and highlight the Act's funding sources as well as the new regulatory and rulemaking activities that will be undertaken to implement the Act.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Santa Clara Magazine, Volume 31 Number 1, Fall 1988, Santa Clara University

Santa Clara Magazine

12 - MY CHINA YEAR Cathy Morrissey '85 guides us through her year in China, teaching English as a second language in Handan.

19 - IT PAYS TO LET YOUR KID RUN WILD The story of a remarkable relationship between a Japanese firm and Michael Franz '75.

21 - THE REWAK YEARS Alumna-journalist Jeanne Huber describes the way Santa Clara grew during the Rewak administration.

26 - THE DEGNAN WAY How a respected English professor turns undergraduates into professional writers.

Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe

Washington Law Review

This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …

Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small

Washington Law Review

Using computers to assist in testing and instruction creates privacy concerns that were absent or less consequential prior to the computer age. Not only does computer-assisted testing and instruction (CATI) threaten to invade privacy insidiously, its use with young schoolchildren poses the additional threat of arresting development of their privacy expectations. In light of the significance of "reasonable expectations of privacy" in constitutional and tort law, as well as privacy's role in resisting totalitarianism, widespread and routine use of CATI may profoundly alter the balance between public and private realms.

Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge

Dalhousie Law Journal

The Law Reform Commission of Canada, in its Working Paper 43 Behaviour Alteration and the Criminal Law, addresses the issue of the deliberate modification of human behaviour by medical means. It does so vis-A-vis non-consensual treatment prescribed in the purely therapeutic setting as well as with respect to such treatment imposed by way of sentencing. The Commission focuses its deliberations around three questions: 1. Do present laws provide sufficient protection against involuntary or non-consensual administration of behaviour alteration treatment? 2. Should psychological integrity be protected by the Criminal Code as physical integrity already is? 3. Should the law legitimate the …

Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher

Washington Law Review

This piece is intended to present the Rule Against Perpetuities, including its recent modifications, simply and understandably. Because the Rule's mechanics, even in their neatest and purest form, have seemed beyond average comprehension, the explanation given here largely brushes over minor variants in the common law expression of the Rule and its operation. The goal is to ensure that the real core of the Rule is clearly portrayed.

Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe

Washington Law Review

This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …

The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull

Washington Law Review

Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …

Domestic Law, James F. Thompson, Andrew E. Thomas, Blaney A. Coskrey Iii

South Carolina Law Review

No abstract provided.