Digital Commons Network^™

The Admissibility Of Novel Scientific Evidence: The Current State Of The Frye Test In Wisconsin, Gary J. Van Domelen

Marquette Law Review

No abstract provided.

Legal Aspects Of Human Genetics, Roger B. Dworkin, Gilbert S. Omenn

Articles by Maurer Faculty

No abstract provided.

Grandparents Versus The State: A Constitutional Right To Custody, Roberta Kotkin

Hofstra Law Review

No abstract provided.

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …

The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy

University of Richmond Law Review

In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.

Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell

Case Western Reserve Law Review

No abstract provided.

On "The Critical Legal Studies Movement", John M. Finnis

Journal Articles

"The present study critically examines the account of legal thought developed in Roberto Unger's very long article, ""The Critical Legal Studies Movement"" (1983), and tests it against Unger's own account of certain ""exemplary"" difficulties in the Anglo-American law of Contract. These scrutinies reveal that Unger's account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on ""(in)determinate"" and ""(un)justified."""

Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers

Journal Articles

In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …

The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin

Articles & Chapters

No abstract provided.

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

Book Review: Testifying In Court, By Jack E. Horsley And John Carloca, Michael L. Perlin

Other Publications

No abstract provided.

Let It Bleed: The Federal Preemption Doctrine And The Sale Of Blood Plasma, Michael L. Perlin

Other Publications

No abstract provided.

Tax Policy For Post-Liberal Society: A Flat Tax Inspired Redefinition Of The Purpose And Ideal Structure Of A Progressive Income Tax, Charles O'Kelley

Faculty Articles

A flat rate comprehensive federal income tax could be achieved by replacing graduated rates with a single rate that applies to all taxpayers, eliminating many currently available deductions and credits, and treating as taxable income types of economic gain presently excluded from the tax base. The fact that Congress is seriously considering such radical changes makes it appropriate for tax scholars to reconsider longheld beliefs about the ideal structure of an income tax. This article analyzes the characteristics and underlying rationale of a progressive flat rate comprehensive income tax and reconsiders the nature and purpose of a progressive income tax. …

Whither Jurisprudence?, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

State Of Utah, By And Through Utah State Department Of Social Services V. Joey Gutierrez : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

BRIEF OF APPELLANT

A p p e a l from t h e J u d g m e n t Rendered in t h e Third J u d i c i al D i s t r i c t C o u r t , S a l t Lake C o u n t y , H o n o r a b l e James S. Sawaya, p r e s i d i n g.

The Washington Environmental Policy Act, William H. Rodgers Jr.

Washington Law Review

As the Washington State Environmental Policy Act of 1971 (SEPA) approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court. The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There …

Support And Custody Aspects Of The Stepparent-Child Relationship , Margaret M. Mahoney

Cornell Law Review

No abstract provided.

The Great Depression, The New Deal, And The American Legal Order, Michael E. Parrish

Washington Law Review

Historians' reconceptualization of the nineteenth century American legal order has led to a reconsideration of law and the state in modem America. The origins of administrative law, redistributive social programs, and a concern for economic planning lie not in the progressive era of Theodore Roosevelt and Woodrow Wilson, as once thought, but in the final decades of the nineteenth century. The old liberal synthesis, which posited a continuing legal struggle between big business on the one hand and selfless, idealistic reformers on the other, began to lose credibility in light of modem research. Many historians now argue persuasively that corporate …

Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness

Northern Illinois University Law Review

An examination of the decision in Roe v. Wade and the objectives underlying state protection of potential human life. This article examines the prevailing Illinois public policy and current Illinois law, as well as suggesting potential changes for total protection of potential human life.

Persons, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …

Volume 57, Issue 5 (1984-85)

Obiter Dicta

No abstract provided.

An Economic Analysis Of Illinois New Hazardous Waste Law, J. Lon Carlson, Gary V. Johnson, Tom S. Ulen

Natural Resources Journal

No abstract provided.

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …

Letter From A French Supporter To Geraldine Ferraro, Geraldine Ferraro

International

Letter from a French supporter to Geraldine Ferraro. Author discusses abortion policy. Letter has handwritten notes.

Resource Law Notes Newsletter, No. 3, Sept. 1984, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

State Participation In The Disposal Of High-Level Nuclear Waste, Robert A. Klausner

Tulsa Law Review

No abstract provided.