Digital Commons Network^™

The Uniform Reciprocal Enforcement Of Support Act And The Defense Of Non-Paternity: A Functional Analysis, Richard P. Perna

Kentucky Law Journal

No abstract provided.

The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

Articles

The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

Articles

The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.

Brandeis's Facts, David P. Bryden

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Preliminary Injunctive Relief Under The Federal Water Pollution Control Act - Weinberger V. Romero-Borcelo , Andrienne Becker Naumann

Chicago-Kent Law Review

No abstract provided.

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Disparate Impact Analysis And The Age Discrimination In Employment Act, Marla Ziegler

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Jackson V. Virginia: Reopening The Pandora's Box Of The Legal Sufficiency Of Drug Identification Evidence, Edward J. Imwinkelried

Kentucky Law Journal

No abstract provided.

A World Genocide Tribunal – Rampart Against Future Genocide: Proposal For Planetary Preventive Measures Supplementing A Genocide Early Warning System, Luis Kutner

Valparaiso University Law Review

No abstract provided.

The Right To Work: Law And Ideology, Richard T. De George

Valparaiso University Law Review

No abstract provided.

Building The Case For Industrial Strategy, David E, Bonior

Michigan Journal of International Law

The argument for an industrial strategy begins with the failures of present policies. The indictment is not concerned with the relative simplicity or elegance of competing economic theories but with actual results in the world marketplace. The case for an industrial strategy is not primarily about compassion, or about full employment, or even about economic growth. While we desperately need a compassionate economic policy, full employment, and sustained economic growth, these are goals. The industrial policy debate is not a debate about goals, but means. The argument rests on the premise that the old means must be changed because the …

Teacher Incompetency Dismissals In Illinois: The Need For Defined Standards, 17 J. Marshall L. Rev. 849 (1984), James A. Roth

UIC Law Review

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Indiana Law Journal

No abstract provided.

Nonemergency Municipal Curfew Ordinances And The Liberty Interests Of Minors, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill, Paul M. Cahill

Fordham Urban Law Journal

Most crimes committed in the United States occur in cities, and a large proportion of these crimes are committed by juveniles under the age of eighteen. Although the total number of reported Crime Index offenses decreased slightly in 1982, surveys of popular attitudes toward crime show an increased fear of crime, especially among persons living in urban areas. One way states have addressed this challenge is by enacting nonemergency juvenile curfew amendments. This Note examines these amendments recently enacted in Trenton and Newark, New Jersey, and the Detroit, Michigan, ordinance which has recently been strictly enforced as part of a …

The Supreme Court And First Amendment Rights Of Students In The Public School Classroom: A Proposed Model Of Analysis, Brian A. Freeman

UC Law Constitutional Quarterly

No abstract provided.

Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman

Law Faculty Articles and Essays

No abstract provided.

Cancer And Toxic Substances: The Problem Of Causation And The Use Of Epidemiology, Junius C. Mcelveen Jr., Pamela S. Eddy

Cleveland State Law Review

This article seeks to illuminate the difficulties in finding causation between cancer development and toxic substances. Section II gives a brief history of cancer in society as well as an introduction to the biological cancer mechanism, and highlights our general lack of knowledge about cancer. Section III takes a brief look at some occupations and environmental factors that have been suggested causes of cancer. Section IV discusses in depth the problems with establishing association between toxic substances and cancer, especially in establishing causal significance. Section V analyzes how the epidemiology of disease and toxic substances is treated by courts. Section …

Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably

Articles

No abstract provided.

The 9-307(1) Farm Products Puzzle: Its Parts And Its Future, Keith G. Meyer

North Dakota Law Review

No abstract provided.

Biology, Equality, And The Law: The Legal Significance Of Biological Sex Differences, Kingsley R. Browne

SMU Law Review

No abstract provided.

Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams

UC Law SF International Law Review

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed …

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider

Fordham Law Review

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt

Syracuse Journal of International Law and Commerce

The fishing industry has been important to many nations of the world since mankind first sailed the ocean. The diets and economies of many nations are still inextricably linked to the sea. Prior to 1900, the international fishing fleets were guided only by the principle of "catch-as-catch-can." Demand seemed relatively light when contrasted with the seemingly endless supply, and fishing had little effect on the international stock of fish. In addition, the gain to be realized by restricting access and extending jurisdictional claims over the ocean was slight in comparison to the costs of enforcing an exclusive access system. The …

International Regulation Of Pharmaceuticals: A Who International Code Of Conduct For The Marketing Of Pharmaceuticals?

Syracuse Journal of International Law and Commerce

The international pharmaceutical trade is important to both exporting and importing countries. Exporting countries are concerned with maintaining and further expanding their foreign pharmaceutical markets.1 Importing countries, especially developing or less developed countries (LDC's),2 are concerned with the price and quality of drugs that they import.3 Poor and newly independent states that have no pharmaceutical industry of their own are the most vulnerable in the international pharmaceutical trade. They must rely on exports from the more developed nations. The likelihood of these LDC's importing drugs of unacceptable quality. is high6 because they usually buy at the lowest prices available and …

Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia

Syracuse Journal of International Law and Commerce

This article examines Tunisia's claims to have "historic rights" to the seas along its coasts.

Expanding The Victim's Role In The Criminal Court Dispositional Process: The Results Of An Experiment, Robert C. Davis, Frances Kunreuther, Elizabeth Connick

Journal of Criminal Law and Criminology

No abstract provided.

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …