Digital Commons Network^™

Conflict And Compromise Among Models Of Administrative Justice, Jerry L. Mashaw

Duke Law Journal

No abstract provided.

Antarctica And The Law Of The Sea: Rethinking The Current Legal Dilemmas, Christopher C. Joyner

San Diego Law Review

This Article analyzes the position of the countries that have controlled Antarctica, the impending resource controversy, and the possibility of international control. The author suggests that the legal status of Antarctica will become a controversial issue because of its numerous natural resources. Due to the existence of these resources, a complex dispute over legal jurisdiction has arisen between those original signatories to the Antarctic Treaty of 1959 and those non-Treaty States advocating the internationalization of Antarctica. The author argues that if accommodation between Treaty and non-Treaty members can be achieved, great progress will have been made toward global harmony under …

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf

Before The Best Interests Of The Child, Douglas J. Besharov

Vanderbilt Law Review

This book has been hard to criticize for one who, like this reviewer, agrees with its basic premises: (1) that the weakness of child protective capability requires a policy of minimum state intervention into family life, and (2) that when intervention occurs,it should be much more decisive. Yet, application of the rules that the authors suggest would be at great cost, not only to the endangered children whom they exclude from protection, but also to our own view of ourselves. Society cannot turn its back on the real and present suffering of children and still retain its sense of humanity,and …

The "Squeaky Wheel" Employee: To Grease Or To Replace And The Costs Of Each, Charles A. Edwards, Lovic A. Brooks Iii

Mercer Law Review

[T]he Board seems unable to recognize that as a matter of business judgment there can be only one course open to management when an employee persists in giving it the finger.

Judge Aldrich's comments are, it seems, all too often ignored by the agencies entrusted with the enforcement of federal statutes affecting free speech in the workplace-the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA) and the Wage-Hour Division, United States Department of Labor. This article will examine the validity of the premise discussed by Judge Aldrich in view of …

Innocuous Inoculum Or Perilous Parasite? Encouraging Genetic Research Through Patent Grants: A Call For Regulation And Debate, James F. Brashear

San Diego Law Review

This Comment examines the effect of the United States Supreme Court decision in Diamond v. Chakrabarty, which involved research in recombinant genetics. The author examines the basis of the Court's decision in the Diamond case and discusses the propriety of extending patent grants for products of genetic research before establishing a regulatory system for such research and without the opportunity for public debate. The author argues that, while the Court has recited its inability to deny patents for microorganisms, there are several grounds for refusing to extend patent protection to products of genetic research, not least among which is the …

City Of Santa Barbara V. Adamson: New Protection For Alternate Life Style Decisions, David M. Reeve

Loyola of Los Angeles Law Review

No abstract provided.

The Inauguration Of Criminology Annuals, David F. Greenberg

Michigan Law Review

A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger

Surrogate Motherhood In California: Legislative Proposals, Ellen Lassner Van Hoften

San Diego Law Review

This Comment addresses the issues of surrogate motherhood and argues that certain California statutes not intended to deal with surrogate motherhood serve as potential barriers to the practice. The author begins by detailing the current procedures of surrogate motherhood arrangements. The author then examines the nature of current civil and criminal statutory obstacles. The author recommends specific legislative amendments to the California Civil and Evidence Codes in order to facilitate the practice of surrogate motherhood, but further concludes that the Penal Code sections prohibiting payment for the transfer of custody and adoption should not be modified.

Vol. 4, No. 4 (February 6, 1981)

Exordium

No abstract provided.

The Opinion Volume 21 Number 6 – February 5, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 5, 1981

Private Law: Persons, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.

Delimiting Religion And Ethics, Robert L. Schwartz

Faculty Scholarship

The author argues that people need to make a distinction between religious belief and logical ethics.

Legal And Medical Education Compared: Is It Time For A Flexner Report On Legal Education, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The purpose of this Article is to explore the common elements of legal and medical education and to compare the reform movements in each profession, with a view toward finding an explanation for the widely differing conditions that exist today in the education of each profession. For example, why is it that medical education can provide facilities and training costing up to ten times that provided law students? Why do medical schools receive outside financial support paying up to 95% of the costs of medical education while law schools are supported primarily by tuition and fees? Why do medical students …

In Re Living Will, Sheryl L. Havens

Nova Law Review

Modern medical technology accords physicians the capacity to

prolong life and to protract the duration of numerous incurable diseases.

Osha's Rulemaking Authority Under The Occupational Safety And Health Act: Marshall V. American Petroleum Institute, Sophia Chrusciel

Loyola University Chicago Law Journal

No abstract provided.

Promotion Of Distant-Water Fishing Industry In Taiwan, Dah-Wen Shieh

Marine Affairs Theses and Major Papers

The growth of distant-water fishing industry in Taiwan has been steady during the period from 1965-1973. However, since 1973, the slow expansion of distant-water fisheries has been reflected in both the production side and the decreasing catch per unit effort. The increasing operation costs and the shrinking fishing grounds are mainly attributable to the limitation of distant-water fishing industry. The small scale of fishing companies with small-sized vessels also resulted in the inefficient operation in this highly competitive business. For Taiwan, distant-water fishing is not only a means of meeting general protein requirements for its population but also an important …

The Effect Of Legalized Abortion On Wrongful Life Actions, S. Stockwell Stoutamire

Florida State University Law Review

No abstract provided.

Logic For Lawyers*, Jack L. Landau

McGeorge Law Review

No abstract provided.

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

International Journal for the Study of Animal Problems

This paper proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals but then addresses the limits of the legislation in promoting change.

The Case For Revising Our Laws On Animal Experimentation, David L. Markell

Experimentation Collection

The current laws regarding experimentation upon animals should be drastically revised. These laws permit virtually unrestricted experimentation on animals without regard to the benefits to be obtained from such experimentation, and without regard to the consequences of such experimentation upon the subject animal. Legislation constituting a two-step jump from the current laws is needed: laws sanctioning and requiring animal experimentation should be repealed; and laws significantly restricting acceptable experimentation should be enacted. The principle underlying this proposal for change is straightforward: Nonhuman animals, like human animals, have interests in the integrity of their bodies which deserve legal protection. Only by …

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

Laws and Legislation Collection

This paper is about law, not laboratory animals or philosophical ethics. It proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals.

Patents - Statutory Interpretation - Patentability Of Living Microorganisms, Ronald M. Benrey

Duquesne Law Review

The United States Supreme Court has held that a live, human-made, genetically engineered microorganism is patentable subject matter under 35 U.S.C. § 101.

Diamond v. Chakrabarty, 100 S. Ct. 2204 (1980).

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

The New Prometheus: Will Scientific Inquiry Be Bound By The Chains Of Government Regulation, David Favre, Matthew Mckinnon

Duquesne Law Review

This article deals with regulation of scientific inquiry and its susceptibility to constitutional protection from government impingement. The authors provide extensive definition and discussion of scientific inquiry and examine two broad bases upon which a constitutional right of scientific inquiry could rest: The first amendment and an as yet unenunciated fundamental right of scientific inquiry.

Insanity And Criminal Responsibility In Progressive America, Herbert Hovenkamp

North Dakota Law Review

No abstract provided.

Harris V. Mcrae: Indigent Women Must Bear The Consequences Of The Hyde Amendment, Kris Palencia

Loyola University Chicago Law Journal

No abstract provided.

State Pollution Statutes, David P. Currie

Articles

No abstract provided.

In Memoriam: Malcolm P. Sharp, Gerhard Casper

Articles

No abstract provided.