Digital Commons Network^™

The Future Of Human Rights In International Jurisprudence: An Optimistic Appraisal, Benjamin B. Ferencz

Hofstra Law Review

No abstract provided.

Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review

Michigan Law Review

This Note argues that the general sort of econometric test relied on by the Commerce Department in Mexican Vegetables represents a clear improvement over traditional price comparison methodology. Part I outlines important procedural and substantive aspects of the antidumping enforcement scheme and identifies several features of the traditional methodology that increase the likelihood of a less-than-fair-value finding in cases involving substantial price variation. Part II analyzes the economic characteristics of perishable agricultural goods that often produce wide variations in their prices. Part III finds that both the legislative history of the antidumping statute and economic theory proscribe only predatory pricing …

Pollution Or Resources Out-Of-Place: Reclaiming Municipal Wastewater For Agricultural Use, Robert C. Kerr

University of Colorado Law Review

No abstract provided.

The Emerging Relationship Between Environmental Regulations And Colorado Water Law, Charles B. White

University of Colorado Law Review

No abstract provided.

Holmes A Hundred Years Ago: The Common Law And Legal Theory, Saul Touster

Hofstra Law Review

No abstract provided.

Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood

Hofstra Law Review

No abstract provided.

Will Blood Tell Genetic Markers In Criminal Cases?, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Toxic Substances Litigation In The Fourth Circuit, Francis E. Mcgovern

University of Richmond Law Review

Personal injuries caused by toxic substances have generated problems of major concern to our social, political and legal systems. Reports in the news media concerning harm caused by toxic substances and expressions of public awareness of potential dangers associated with exposure to toxic substances are commonplace. Legislatures, administrative agencies and courts at both federal and state levels have begun to devote substantial energy to addressing issues raised by exposure to toxic Substances. Scientific, industrial, financial, and legal communities are seeking to deal with these problems from a number of different perspectives. Just as terms such as "Love Canal" and "asbestosis" …

Surrogate Mother Agreements: Contemporary Legal Aspects Of A Biblical Notion, Margaret D. Townsend

University of Richmond Law Review

After centuries of silence, modern man again harkens the voice of Sa-ah. With the decline in the number of children available for adoption and the apparent rise in infertility in this country over the past three decades, individuals unable to bear children are seeking alternative methods for becoming parents. Surrogate motherhood is one solution to the age old problem of childless families. A surrogate mother is a woman, married or unmarried, who agrees to have a child for a person who is incapable of giving birth. While the more common utilization of a surrogate occurs in situations where the wife …

Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie

University of Richmond Law Review

Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

University of Colorado Law Review

No abstract provided.

The Fourteenth Amendment's Protection Of A Woman's Right To Be A Single Parent Through Artificial Insemination By A Donor, Kathleen M. Ridolfi, Patricia A. Kern

Faculty Publications

No abstract provided.

The Right To Be Different: An Exploratory Proposal For The Creation Of A New Human Right, Farooq Hassan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood

Faculty Publications

No abstract provided.

The Scope Of The Involuntarily Committed Mental Patient's Right To Refuse Treatment With Psychotropic Drugs: An Analysis Of The Least Restrictive Alternative Doctrine, Chester J. Dudzik Jr.

Villanova Law Review (1956 - )

No abstract provided.

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

Private Party Protection Against Transnational Radiation Pollution Through Compulsory Arbitration: A Proposal, Ann Voorhees Bilingsley

Case Western Reserve Journal of International Law

No abstract provided.

Alumni Newsletter - Issue No. 12, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Stanford Taps Kertzer For Teaching Fellowship
• Faculty Notes
• Fund Drive
• Dean’s Column
• Alumni in the News
• Regional Luncheon Program Underway

Environmental Law (1982), H. Dennis Kelly

Faculty Scholarship

During the survey period the major cases dealing with environmental law arose under one or both of two environmental statutes. This Article will first discuss the cases which arose under the National Environmental Policy Act of 1969. The second section of the Article will survey the cases decided under the Federal Water Pollution Control Act Amendments of 1972.

Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis

Journal Articles

This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.

Symposium Proceedings: Congressional Limits On Federal Court Jurisdiction, Charles E. Rice

Journal Articles

Judge Sloviter: Professor Rice, your view of the constitutional scheme is that Congress has the power to make surgical excisions to the jurisdictions of the federal courts. I wonder if you would comment on what one of my colleagues might call the worst case scenario. That is, whether Congress could by legislation abolish all inferior federal courts and eliminate all Supreme Court appellate jurisdiction. What then would remain of the judicial power?

Protecting The Seas From Nuclear Pollution, George D. Haimbaugh Jr.

South Carolina Law Review

No abstract provided.

Religious Meetings On Public School Property: The Constitutional Dimensions Of Church-State Neutrality, Douglas W. Abendroth

Loyola of Los Angeles Law Review

No abstract provided.

Statutory Construction—Wildlife Protection Versus Indian Treaty Hunting Rights—United States V. Fryberg, 622 F.2d 1010 (9th Cir.), Cert. Denied, 449 U.S. 1004 (1980), Karl Forsgaard

Washington Law Review

While hunting for deer on his reservation, Dean Fryberg, an Indian, shot and killed a bald eagle. Although he had a treaty right to hunt on the Tulalip Reservation under the 1855 Treaty of Point Elliot, Fryberg was charged by information with taking a bald eagle in violation of the Eagle Protection Act of 1940. He did not possess a permit which would have allowed such a taking under the Act. This note concludes that the loose test used to find abrogation in Fryberg is unsatisfactory where a statute regulating a nonendangered resource is involved and instead proposes an alternative …

Vol. 30, No. 10, November 18, 1981, University Of Michigan Law School

Res Gestae

•Nothing To Hide •Cheating Ring Suspected •Campbell: Focus on the First •Res Gestae Sponsors Football Tourney •Notices •Student Senate Report •Is Clinic Review a Trojan Horse? •America Needs More Punk •Sweeping Changes Needed •Reflections of a Cub Reporter •An Opportunity to One-up Reaganomics •Learning To Love the Muse •Art Schlichter: The Man Without a Team •Senate Defends Clinic Program •Law in the Raw

A Nation Of Guinea Pigs. By Marshall S. Shapo, Barry R. Furrow

Duke Law Journal

No abstract provided.

Vol. 5, No. 1 (October 8, 1981)

Exordium

No abstract provided.

Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross

Florida State University Law Review

No abstract provided.