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The Public Trust Doctrine Expansion And Integration: A Proposed Balancing Test, Ted J. Hannig Jan 1983

The Public Trust Doctrine Expansion And Integration: A Proposed Balancing Test, Ted J. Hannig

Santa Clara Law Review

No abstract provided.


Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman Jan 1983

Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman

Vanderbilt Journal of Transnational Law

Health disorders engendered by hazardous, exported foods, pesticides, drugs, and other products recently have attracted worldwide attention. The exportation of products which have been banned or highly restricted in their country of origin or which become hazardous in the environment of the importing nation is a popular issue for opponents of a perceived monolithic transnational industrial complex, as well as for critics of certain United States corporations. A more widely shared opinion is that the United States has a moral obligation to limit foreseeable harm from the export of potentially hazardous merchandise or at least to supply product hazard information. …


University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.


In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner Jan 1983

In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner

Articles

Adoption of children is an ever-present complication of class gifts and the Rule Against Perpetuities. Given this fac any effort to find the presumption of lifetime fertility rebuttable is largely illusory. The author demonstrates that the gift in In Re Lattouf's Will could have been sustained even in face of an irrebuttable presumption.


How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger Jan 1983

How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger

Faculty Publications

No abstract provided.


The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner Jan 1983

The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner

Publications

No abstract provided.


Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer Jan 1983

Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.


Regulation Of Recombinant Dna Research: A Comparative Study, David L. Teichmann Jan 1983

Regulation Of Recombinant Dna Research: A Comparative Study, David L. Teichmann

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Fundamentally Different Factor Variances Under The Clean Water Act: Should They Be Applicable To Toxic Pollutants, William F. Ford Jr. Jan 1983

Fundamentally Different Factor Variances Under The Clean Water Act: Should They Be Applicable To Toxic Pollutants, William F. Ford Jr.

Villanova Law Review (1956 - )

No abstract provided.


Hazardous Waste Regulation: A Prescription For Clean Water, Jerry Fitzgerald English Jan 1983

Hazardous Waste Regulation: A Prescription For Clean Water, Jerry Fitzgerald English

Seton Hall Law Review

No abstract provided.


The Natural Law Of Administrative Law, William H. Rodgers, Jr. Jan 1983

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

Articles

Law teachers and researchers are inveterate seekers of metaphors. The metaphor, even if glib and obvious, invariably suggests further parallels and relationships, the conjoinder of phenomena. This is the road to uncovering unsuspected linkages and building simple descriptive models.

Theory building, in administrative law as elsewhere, begins with the capture and expression of the convincing metaphor. Extracting metaphors from the natural sciences to account for social happenings begins with a figure of speech and often ends there. Legislatures now are squeezing fat out of administrative agencies, an apt biological picture of a weight watcher's rigor being imposed on flabby, middle-aged …


In Vitro Fertilization And Embryo Transfer: Medicolegal Aspects Of A New Technique To Create A Family, George J. Annas, Sherman Elias Jan 1983

In Vitro Fertilization And Embryo Transfer: Medicolegal Aspects Of A New Technique To Create A Family, George J. Annas, Sherman Elias

Faculty Scholarship

IVF and ET conjure up a variety of images, from "test tube babies" to Steven Spielberg's extraterrestrial. Indeed, it is sometimes difficult to separate science fiction from scientific reality. Nonetheless, the extracorporeal fertilization of a human egg followed by transfer to a human uterus and birth of a child, has been repeated in a number of countries around the world. In vitro fertilization (IVF) and embryo transfer (ET) are now reality.' Most of us applauded this new technology along with the parents of the resulting children. These infertile couples were able, with the help of IVF, to have their own …


The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss Jan 1983

The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss

Cardozo Law Review

No abstract provided.


Teaching Administrative Law: The Wonder Of The Unknown, Peter L. Strauss Jan 1983

Teaching Administrative Law: The Wonder Of The Unknown, Peter L. Strauss

Faculty Scholarship

Sunday, March 7, 1982

Dear Roger:

You would have enjoyed being among the hundred-odd administrative law teachers and hangers-on who met this past weekend for the AALS Workshop on Administrative Law, organized by Ernest Gellhorn of Virginia, [now dean at Case Western]. Perhaps it was the plane ride home, when I had a chance to read Frank Easterbrook's short but very elegant use of Arrow's Theorem in a recent Harvard Law Review; or perhaps it is just a goodnight's sleep, home away from the sybaritic pleasures of New Orleans, and knowing my dean will want a justification in terms …


The Right To Refuse Treatment: A Model Act, George J. Annas Jan 1983

The Right To Refuse Treatment: A Model Act, George J. Annas

Faculty Scholarship

Although the right to refuse medical treatment is universally recognized as a fundamental principle of liberty, this right is not always honored. A refusal can be thwarted either because a patient is unable to competently communicate or because providers insist on continuing treatment. To help enhance the patient's right to refuse treatment, many states have enacted so-called "living will" or "natural death" statutes. We believe the time has come to move beyond these current legislative models, and we therefore propose a Model Act that clearly enunciates an individual's right to refuse treatment, does not limit its exercise to the terminally …


The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan Jan 1983

The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan

Case Western Reserve Journal of International Law

No abstract provided.


Alumni Newsletter - Issue No. 15, University Of Maine School Of Law Jan 1983

Alumni Newsletter - Issue No. 15, University Of Maine School Of Law

Maine Law Magazine

Highlights:

  • Phyllis Givertz, ’74 Is New President of Maine State Bar Association
  • Dean’s Column
  • Law Library News
  • 1982 Annual Fund Report
  • Alumni in the News
  • Faculty Notes


Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter Jan 1983

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon Dec 1982

Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon

Antioch Law Journal

The inclusion of issues of reproductive and sexual freedom in this symposium is itself a sign of great progress. The civil liberties agenda which, until the last decade, was largely focused on first amendment issues, has grown substantially. This is because the movements of the last several decades-civil rights, black power, feminist, anti-war, Native American, lesbian and gay, anti-nuclear, and others-have broadened our understanding of the meaning of repression. In 1960, for example, there was only a hardy band of progressive civil libertarians working on the idea that a woman's right to contraception and abortion is fundamental to her liberty.' …


A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer Dec 1982

A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer

Antioch Law Journal

The Occupational Safety and Health Act (OSH Act), passed in 1970, is intended to provide "every working man and woman in the Nation safe and healthful working conditions."' The Occupational Safety and Health Administration (OSHA) enforces the Act; 2 the National Institute for Occupational Safety and Health (NIOSH) does research on workplace hazards and recommends practices and standards for industry. 3 By contrast with the state workers compensation schemes, the underlying purpose of the OSH Act is to prevent occupationally related injuries, disease and death, rather than to compensate the worker once the harm has occurred. The OSH Act, if …


Mining The Deep Seabed: Domestic Regulation, International Law, And Unclos Ooo, Jeffrey D. Wilson Dec 1982

Mining The Deep Seabed: Domestic Regulation, International Law, And Unclos Ooo, Jeffrey D. Wilson

Tulsa Law Review

No abstract provided.


Santa Clara Magazine, Volume 25 Number 3, Fall 1982, Santa Clara University Dec 1982

Santa Clara Magazine, Volume 25 Number 3, Fall 1982, Santa Clara University

Santa Clara Magazine

8 - A CHRISTIAN IN A NUCLEAR WORLD by William C. Spohn, S.J. Exploring an issue crucial to our time from a Christian perspective.

13 - A TEACHER FOR ALL SEASONS by Paul L. Locatelli, S.J. Discussing the challenges and the relationship between teaching and scholarship that beset today's teachers.

16 - NO MORE PUNCH AND COOKIES 20 successful years at Santa Clara mean women's sports are here to stay.

18 - KRASSOWSKI ON COMMUNICATION by Jeanne Huber '72. Some suggestions on the art from one of the university's most skilled communicators.

21 - ON CONSERVATORSHIP by George J. Alexander. …


Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair Dec 1982

Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair

Washington Law Review

This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …


Elizabeth Ann Barson Et Al V. E. R. Squibb & Sons, Inc. : Reply Brief Of Appellant, Utah Supreme Court Nov 1982

Elizabeth Ann Barson Et Al V. E. R. Squibb & Sons, Inc. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the District Court of the First Judicial District of the State of Utah. Sat Below: Hon. VeNoy Christofferson, District Judge, and a Jury.


Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson Nov 1982

Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson

University of Miami Law Review

No abstract provided.


Successions And Donations, H. Alston Johnson Nov 1982

Successions And Donations, H. Alston Johnson

Louisiana Law Review

No abstract provided.


Persons, Katherine Shaw Spaht Nov 1982

Persons, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.


Zoning For Direct Social Control, J. Gregory Richards Nov 1982

Zoning For Direct Social Control, J. Gregory Richards

Duke Law Journal

No abstract provided.


Origins On Trial: Evolutionists And Creationists Lock Horns In Little Rock, Steven Kurlander Oct 1982

Origins On Trial: Evolutionists And Creationists Lock Horns In Little Rock, Steven Kurlander

In the Public Interest

No abstract provided.


Close Your Eyes And Swallow: The Fda Deals A Severe Blow To Patients' Rights To Drug Information, Barbra A. Kavanaugh Oct 1982

Close Your Eyes And Swallow: The Fda Deals A Severe Blow To Patients' Rights To Drug Information, Barbra A. Kavanaugh

In the Public Interest

No abstract provided.