Digital Commons Network^™

Porfiry's Proposition: Legitimacy And Terrorism, Thomas M. Franck, Scott C. Senecal

Vanderbilt Journal of Transnational Law

Suppose that, in 1938, the Prague government of President Edvard Benes, foreseeing the inevitable dismemberment of Czechoslovakia after the Munich Pact, had infiltrated a trained death squad of German Jewish exiles across the German border, in civilian clothing, to assassinate Adolf Hitler. Suppose they had succeeded and had then fled to Holland.

How should international law govern this hypothetical event? Should it require Holland either to try the assassins for murder or to return them to Germany for trial? Or should it exculpate, even commend, the assassins for a job well done? Or should the law remain silent? Would the …

Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin

Articles & Chapters

No abstract provided.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be referred to in the text by their section numbers only …

Interpreting The Citizen Suit Provision Of The Clean Water Act, Gail J. Robinson

Case Western Reserve Law Review

No abstract provided.

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …

Export Controls In The Biotechnology Industry , Michael E. Zacharia, Michael A. Kvarme, Christopher Chediak

Santa Clara High Technology Law Journal

No abstract provided.

Computer Copyright Infringement: Beyond The Limits Of The Iterative Test, Carl Sundholm

Santa Clara High Technology Law Journal

No abstract provided.

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Faculty Publications

No abstract provided.

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

Other Publications

The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

Articles

This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1986-87), J. Rodney Johnson

Law Faculty Publications

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be ref erred to in the text by their section numbers …

The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer

Faculty Publications

No abstract provided.

The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas

Faculty Scholarship

In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that "the advance of science and technology in the West has changed not only the relation of man to nature but of man to man."' This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how …

The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram

Faculty Scholarship

On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].¹ If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments

Trying To Live Forever, George J. Annas

Faculty Scholarship

Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:

Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …

Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle

Journal Articles

The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.

The Legal Ethics Of Radical Individualism, Thomas L. Shaffer

Journal Articles

Most of what American lawyers and law professors call legal ethics is not ethics. Legal ethics has come to be rules that appeal to sanction, and not the lawyer’s conscience. This Article analyzes the ethical quandary arising from modern ethics, and presents an assessment of the ethics of radical individualism in terms of the religious tradition’s influence on legal ethics.

Department Of Fish And Game, J. Dolese, J. Ferguson

California Regulatory Law Reporter

No abstract provided.

Habitat Conservation Plans Under The Endangered Species Act, Richard E. Webster

San Diego Law Review

This Comment analyzes the development of Habitat Conservation Plans (HCP) as a means for planners to free themselves from the prohibitions against the taking of endangered species under the Endangered Species Act. The author argues that the use of the HCP has resulted in an increase in the number of parties seeking statutory permission to take endangered species. The author examines the statutory requirements for the development and approval of HCPs under section 10(a) of the Endangered Species Act. The author further critiques the first three HCPs that were developed, and suggests various changes to harmonize section 10(a) with the …

How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Civil Defamation Law In The Soviet Union, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Vol. 35, No. 12, December 3, 1986, University Of Michigan Law School

Res Gestae

•Seligman Accepts Offer at Law School •Administration Evicts Res Gestae From Office •RG Prints Its Last ...For the Semester •Gender Concerns Shouldn't Contort our Language •U-M Hoopsters Haven't Got it This Year •New Professor Hired •Fifty Ways to Leave your Textbook •Law In The Raw

Group Homes In Oklahoma: Does Jackson V. Williams Offer New Hope For The Mentally Retarded, Beverly A. Stewart

Tulsa Law Review

No abstract provided.

December 1986

Exordium

No abstract provided.

Abortion: A Disputation, Peter Lushing

Cardozo Law Review

No abstract provided.

Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman

Cardozo Law Review

No abstract provided.

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

How The Lorax Can Save The Truffula Trees: The Environmental Remedies Available To The Individual , Rhona Lyons

Missouri Law Review

No abstract provided.

Commercial Conceptions: A Breeding Ground For Surrogacy, Shari O'Brien

North Carolina Law Review

No abstract provided.