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Coordination And Consensus In Water Resource Management, Thomas E. Shea

McGeorge Law Review

No abstract provided.

Legislation And Regulation

International Journal for the Study of Animal Problems

The idea of new federal regulation on the care and use of animals in research is no longer novel; bills that would control and refocus the conduct of animal experimentation in the U.S. have been pending since the last session of Congress. Last autumn, however, a new phase in the process began. On 13-14 October 1981, the House Subcommittee on Science, Research, and Technology held information-gathering public hearings to evaluate existing bills and possibly formulate its own legislation.

Legislation And Regulation

International Journal for the Study of Animal Problems

The 1981 Swiss Animal Protection Law is a mixture of Promise and Compromise. The Council of Europe has produced a draft convention on animal research.

Reporting Requirements Under The Animal Welfare Act: Their Inadequacies And The Public's Right To Know, M. Solomon, P. C. Lovenheim

International Journal for the Study of Animal Problems

The Animal Welfare Act is the only federal statute designed to protect animals used in laboratory research. This law requires research facilities to register with the U.S. Department of Agriculture (USDA) and meet minimum housing standards, care, and treatment standards for most warm-blooded animals. The Act is administered by the Animal and Plant Health Inspection Service (APHIS), an agency of the USDA. Research institutions are required to file annual reports. However, the reports are frequently deficient. The authors argue that the USDA should issue clear definitions for what is meant by “pain” and “distress. ” They should also provide further …

Meetings And Announcements

International Journal for the Study of Animal Problems

Reports are provided on the following meetings that addressed the use of animals in experiments and possible alternatives. A meeting at the Royal Society of Medicine in London addressed the need for changes in the UK law on animal experimentation. The Scientists Center for Animal Welfare organized a meeting on animal research regulation in the United States. The Tissue Culture Association devoted its Spring 1982 meeting to in vitro alternatives to animals. The British Association for the Advancement of Science organized a symposium on the animal experimentation issue. Finally, the Nottingham University School of Agriculture organized a meeting on managing …

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

International Journal for the Study of Animal Problems

The article begins by identifying the changes in US law regarding the treatment of enslaved people as property and then proceeds to explore several cases in which the treatment of animals as mere property has been challenged in recent court cases. For example, can dog owners recover damages regarding the sentimental value of their pet dogs? In one New York case, the court ruled that “a pet is not just a thing but occupies a special place somewhere between a person and a piece of personal property.” The author expresses confidence that the courts will continue “to expand the domain …

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

Attitudes Towards Animals Collection

Enforced and maintained by a legal superstructure that regulated every aspect of a black [slave's] social, political, economic, and religious life, his property status continued until the middle of the nineteenth century when Congress passed the 13th, 14th, and 15th Amendments to the Constitution, which overturned the Dred Scott decision and recognized that a black human being had legally protectible rights.

There are some signs in recent legal decisions that a similar evolution in the status of animals is taking place: judges are beginning to draw distinctions between animals and property.

But can we ever expect that the courts will …

Ecology, Economics, And Law In The Conservation And Management Of Cetaceans, John David Roanowicz

Marine Affairs Theses and Major Papers

No abstract provided.

Book Review, Bruce S. Ledewitz

Duquesne Law Review

The Moral Decision; Right and Wrong in the Light of American Law. By Edmond N. Cahn. Bloomington, Indiana University Press, 1955. Pp. 342. Hardback: $17.50; Paperback: $6.95.

Justiciability And The Limits Of Presidential Foreign Policy Power, Paul Hubschman Aloe

Hofstra Law Review

No abstract provided.

Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner

Articles

No abstract provided.

Alternative Sentencing For Sexual Deviates, Daniel Feeney

University of Baltimore Law Forum

No abstract provided.

Does The Constitution Guarantee Court-Appointed Counsel When The Plea Is "Don't Take My Babyaway"? Lassiter V. Department Of Social Services, Roselin Shoshanna Ehrlich

Nova Law Review

An impoverished mother has no constitutional right to a lawyer's

help in resisting a state's attempt to take her child away

permanently. .

The Effect Of The Endangered Species Act On Housing Construction, Katharine Rosenberry

UC Law Journal

Section 7 of the Endangered Species Act provides that federal agencies ensure that their actions do not jeopardize the continued existence of designated endangered plants or animals or their critical habitats. Although federal agencies are involved to some degree in over twenty-five percent of new housing starts in the United States, the courts have not yet determined the degree of federal involvement in the construction of housing units that will suffice to invoke the protection of the Endangered Species Act. This Article traces the history of the regulatory efforts by Congress to protect scarce plants and animals. After examining the …

In Re Custody Of Christy Elizabeth Townsend - Applying The Best Interests Doctrine To Custody Disputes Between A Biological Parent And A Third Party, 15 J. Marshall L. Rev. 213 (1982), Lynn A. Cohen

UIC Law Review

No abstract provided.

Computer Uses In Law Libraries, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Intrusions Of A Parvenu: Science, Religion, And The New Biology, George P. Smith Ii

Scholarly Articles

Both religion and the law must seriously consider artificial insemination so that dogma and laws are formed to incorporate the process. Science has brought the procedure to a society unequipped to deal with the religious and legal implications of birth through artificial insemination in any of its forms. Not all religions or jurisdictions can be expected to treat the process exactly alike, but there must be an effort on the part of each organization to react to the situation facing them so that their citizens will have some guidance.

Section II of this article illuminates the path science is on …

Coal, Cars And Questions: Knowns And Unknowns About Acid Rain, W.B. Clapham Jr.

Canada-United States Law Journal

No abstract provided.

Acid Rain: An Emerging Ecological And Public Policy Issue, Ellis B. Cowling

Canada-United States Law Journal

No abstract provided.

An Industrial Perspective, Buddy A. Beach

Canada-United States Law Journal

No abstract provided.

The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell

Northwestern Journal of International Law & Business

This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …

Protection Of The High Seas From Operational Oil Pollution: A Proposal, Barney T. Levantino

Fordham International Law Journal

The lack of an effective means of preventing oil pollution of the oceans is largely the result of international legal principles which ensure the free use of oceans. Compounding the problem is the fact that flag of convenience registry effectively insulates from regulatory control most vessels that pollute on the high seas, and results in the degredation of the marine environment. Flag of convenience ships are responsible for most operational oil pollution in the high seas which, rather than traumatic oil spills in coastal areas, poses the greatest threat to the environment. Conventions on the high seas currently in force …

Life And Death Decisions In The Nursery: Standards And Criteria For Withholding Lifesaving Treatment From Infants, Steven R. Smith

Faculty Scholarship

That the conduct of human affairs does not always conform to the requirements of the law is a surprise to no one. But in few areas of critical life and death decisions is there such a disparity between commonly recognized principles of law and developing medical practice as exists in the area of withholding lifesaving medical care from infants, notably defective infants. The law is said to restrict physicians and parents from withholding lifesaving treatment from infants for the purpose of causing their deaths. Yet it is reported that it is not uncommon for lifesaving treatment to be denied severely …

Subject Index Volume 12

Seton Hall Law Review

No abstract provided.

The Promise Of Abundant Life: Patenting A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

The purpose of this essay will be to explore the parameters of the scientific imperative to explore truth. The scope of this inquiry is shaped in part by the United States patent laws and administrative interpretations and, more specifically, by the United States Supreme Court in its recent holding allowing the new forms of life created in a laboratory to be patented. The ultimate purpose of this piece, then, is to refute the arrogance of power theory expressed as being implicit in the investigations of the vast potential for the positive achievement of good through harnessing the "New Biology." Thus, …

Coping With The Particularized Problems Of Toxic Tort Litigation, Jeanne Crane Castafero

Villanova Law Review (1956 - )

No abstract provided.

Acid Rain From Source To Receptor, Hans Martin

Canada-United States Law Journal

No abstract provided.

Cumulative Subject Index To Volumes 1-5, Subject Index, Vols. 1-5

Canada-United States Law Journal

No abstract provided.

Maryland Custody Law - Fully Committed To The Child's Best Interests?, John W. Ester

Maryland Law Review

No abstract provided.

Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin

UC Law SF Communications and Entertainment Journal

Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.