Digital Commons Network^™

Gender Discrimination In The Military: The Unconstitutional Excusion Of Women From Combat, Jody M. Cramsie

Valparaiso University Law Review

No abstract provided.

Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman

Fordham Urban Law Journal

This Article will define regulatory options for curbing acid rain the northeastern United States. The first section will discuss those provisions of the Clean Air Act which address interstate air pollution. The second section examines the prominent proposals for amending the Clean Air Act to provide for acid rain regulation as enunciated by legislators, commentators and environmental organizations. The third section presents a two-pronged recommendation for broadening the Clean Air Act to prevent and control acid rain.

Family Law: Husband And Wife, Joseph W. Mcknight

SMU Law Review

No abstract provided.

The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer

Fordham Urban Law Journal

This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …

Application Of Title Ix To School Athletic Programs, Joseph E. Krakora

Cornell Law Review

No abstract provided.

Intimations Of Immorality: Clones, Cyrons And The Law, George P. Smith Ii

Scholarly Articles

This article examines some legal and moral issues associated with two developing areas of biomedicine; cloning and cryonics. The author firstly considers the practical benefits to society of developing perfecting and utilizing the process of cloning. These include the ability to overcome inheritable genetic defects and the provision of organs for transplantation. Against this must be weighed some moral and ethical problems of genetic engineering. Professor Smith then discusses the process of deep-freezing a person and the development of cryonics as a social movement. The major legal problem stemming from cryonics is determining the time at which a cryonically suspended …

Access To Care; Series Ii; File 1, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Fraud Between Sexual Partners Regarding The Use Of Contraceptives, Diane M. Carlton

Kentucky Law Journal

No abstract provided.

Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen

University of Michigan Journal of Law Reform

This Article outlines an arbitration process which may be employed in individual employment contracts to achieve a fair disposition of disputes, with the maximum finality for an arbitration decision which is consistent with legal principles. Where finality is not possible, arbitration would be a condition precedent to formal legal processes. To assure fairness in the process, the employer would agree to pay the arbitrator's fee and the employee's attorney fees incurred in connection with the arbitration.

Social Class And Crime In An Adoption Cohort, Katherine Teilmann Van Dusen, Sarnoff A. Mednick, William F. Jr. Gabrielli, Barry Hutchings

Journal of Criminal Law and Criminology

No abstract provided.

Civil Rights - Racial Character Of Section 1981 Should Be Subject To Dynamic Interpretation To Afford Protection Against Group Discrimination - Ortiz V. Bank Of America, 547 F. Supp. 550 (E.D. Cal. 1982)., Julie Colin

Seton Hall Law Review

No abstract provided.

The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson

Faculty Scholarship

Minnesota law governing commitments has been substantially

revised and recodified in the Minnesota Commitment Act of 1982.

The prior law is repealed and the new law is substituted for it effective

August 1, 1982.

This article has three purposes. First, the significant changes in

the civil commitment law are identified and their implications explored.

Second, where appropriate, the legal background underlying

the changes is explored in order to place the changes in context.

Third, the article identifies ambiguities and inconsistencies in the

Act, posits resolutions, and suggests areas for legislative attention.

When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox

Penn State International Law Review (1982 - 2011)

This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.

Environmental Law - Administrative Hearings: A Bill To Supplement The Solid Waste Management Act - N.J. Assembly Bill No. 805, 200th Leg., 1st Sess. (1982)., Joan E. Helwig

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Coastal Area Legislation: Taking Arms Against A Sea Of Troubles, Philip Weinberg

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The End Of A Four Hundred-Year Boom: The Need For Major Constitutional Change, Arthur S. Miller

Nova Law Review

During the past four hundred years many institutions that Americans

consider to be the natural order of human affairs were born: representative

democracy, the private enterprise system of capitalism, and

individualism, among others.

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

Constitutional Law—Equal Protection—Gender-Based Discrimination—Statutory Rape Law—Michael M. V. Superior Court Of Sonoma County, Robert A. Lowe

NYLS Law Review

No abstract provided.

Thresholds Of Harm In Environmental Litigation: The Michigan Environmental Protection Act As Model Of A Minimal Requirement, Robert H. Abrams

Journal Publications

The Michigan Environmental Protection Act of 1970 (MEPA)I creates a broad private cause of action by which citizens and other entitiescan prevent environmental degradation. As with all statutes, the scope of MEPA's coverage is a critical issue in determining its effectiveness. The central argument of this article is that MEPA, in contrast to other environmental legislation, is intended to govern an extraordinarily wide variety of cases unfettered by a substantial threshold of harm requirement.

Chemical And Biological Warfare: Focus On Asia, Lee D. Klein

Vanderbilt Journal of Transnational Law

This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …

Rights Of Unwed Fathers Are Being Violated Under California's Statutory Scheme In Light Of The United States Supreme Court Decision In Caban V. Mohammed, Karen A. Koeppe

Santa Clara Law Review

No abstract provided.

Death And The Life Insurance Policy: What Hath Modern Medicine Wrought?, John H. Thornton, Marcia J. Staff

Oklahoma Law Review

No abstract provided.

Session Law 83-222, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Private Right Of Action—Federal Water Pollution Control Act—Marine Protection Research And Sanctuaries Act—Federal Common Law Of Nuisance—Middlesex County Sewerage Authority V. National Sea Clammers Association, Carmen Gutwirth

NYLS Law Review

No abstract provided.

The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson

University of Richmond Law Review

The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.

Differentiating Sex From Sex: The Male Irresistible Impulse, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The courts have not wholeheartedly embraced the idea of equality of the sexes, and therefore do not attack sex discrimination with the same vigor as they attack racism. Rather, the courts are equivocal about sexual equality and weigh equality less carefully for sex than for race. Color is thought an arbitrary distinction; gender, however, is assumed to be something of substance.

When courts sustain sex discrimination, they generally do not characterize it as such. Rather, differences between the sexes, both real and imagined, are used to justify the gender distinction. It is easy to be hypnotized by the purported differences …

The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen

Michigan Law Review

Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."

In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …

Federal Supervision Of State Water Quality Standards Under The Clean Water Act, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

The water quality standards provisions of section 303 of the Clean Water Act establish one of the basic mechanisms by which restrictions can be placed on the discharge of pollutants to the nation’s waters. This article discusses the history of the water quality standards program, and the role and structure of water quality standards under the Clean Water Act. Although nominally established by states, water quality standards are subject to review and approval by the Environmental Protection Agency. The article specifically addresses EPA policies that establish minimum requirements for approval of state water quality standards. Among other things, the article …

Joint Custody And Shared Parental Responsibility: An Examination Of Approaches In Wisconsin And In Florida, Lewis Kapner

Marquette Law Review

No abstract provided.

Natural Law Of Administrative Law, The, William H. Rodgers Jr.

Missouri Law Review

No abstract provided.