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Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams Oct 1978

Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams

Vanderbilt Law Review

This Article will explore in detail the variety of child placement arrangements, both within and outside the system, which can be tailored to meet the needs of children and their biological or foster parents. This examination will reveal numerous statutory reforms and recent judicial decisions that promise increasingly flexible approaches to the traditional custodial alternatives following long-term foster care. Particular emphasis will be devoted to the termination of parental rights case that first united the authors and confronted them with the fact that none of the traditional legal alternatives available to those children could adequately meet their emotional needs.

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Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick Oct 1978

Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick

Buffalo Law Review

No abstract provided.

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Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr Oct 1978

Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr

Washington Law Review

This note will analyze the major issue of Maine v. Kreps, whether Secretary Kreps fulfilled the FCMA's requirements in her determination of optimum yield. This issue is discussed in two parts. First, the criteria expressed in the preliminary management plan are analyzed in light of the relevant provisions of the FCMA. Second, the inclusion of foreign policy considerations in the optimum yield calculations (a factor not discussed in the preliminary management plan) is analyzed by (1) inferring from the Maine opinion the proper use of foreign policy in management decisions, and (2) suggesting criteria which may affect the role of …

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Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas Oct 1978

Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas

Faculty Scholarship

On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.

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Brief In Opposition For Respondent Indian Tribes - Washington V. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979)) Sep 1978

Brief In Opposition For Respondent Indian Tribes - Washington V. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

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September 11, 1978, University Of Michigan Law School Sep 1978

September 11, 1978, University Of Michigan Law School

Res Gestae

•Joy of Sax •Student & Student-Faculty Committee Vacancies •Clinical Program in International Law •LSSS Notes •From the Night Manager •Residents •Part Time Position Available •Food Service Jobs Available •Commentaries •Flow Sports •Docket •National Lawyer Guild Meeting

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The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker Sep 1978

The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker

West Virginia Law Review

No abstract provided.

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State Of Utah V. Jackson : Brief Of Respondent, Utah Supreme Court Aug 1978

State Of Utah V. Jackson : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the District Juvenile Court in and for Salt Lake County, State of Utah. The Honorable Judith F. Whitmer.

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State Of Utah V. Jackson : Brief Of Respondent On Appeal, Utah Supreme Court Aug 1978

State Of Utah V. Jackson : Brief Of Respondent On Appeal, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from an order of the Second District Juvenile Court for Salt Lake County, State of Utah, the Honorable Regnal Garff, Jr., presiding.

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Reflections On A Unified Theory Of Motive, Theodore Eisenburg Aug 1978

Reflections On A Unified Theory Of Motive, Theodore Eisenburg

San Diego Law Review

In this commentary the author claims that one should not attempt to answer the question whether motive should be considered in constitutional adjudication too quickly. One should not extrapolate that motive should be constitutionally relevant in one circumstance simply because motive is relevant in another circumstance. The author concludes that one should not expect a single answer to the motive question.

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State Of Utah V. Jackson : Brief Of Appellants, Utah Supreme Court Jul 1978

State Of Utah V. Jackson : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the District Juvenile Court in and for Salt Lake County, State of Utah. The Honorable Judith F. Whitmer.

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Examining Oklahoma's Maternal Preference Doctrine: Gordon V. Gordon, Marcia Trotter Jul 1978

Examining Oklahoma's Maternal Preference Doctrine: Gordon V. Gordon, Marcia Trotter

Tulsa Law Review

No abstract provided.

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Automatism: The Unconsciousness Defense To A Criminal Action, Patricia E. Gould Jul 1978

Automatism: The Unconsciousness Defense To A Criminal Action, Patricia E. Gould

San Diego Law Review

This comment examines the development and significance of recognition of automatism as a defense to criminal charges. The author starts by discussing the medical concept of automatism. The author includes a discussion of the possible causes of automatism as well as the English and American law on the subject. Next the author explores whether a separate automatism defense should be recognized based on a common law argument and constitutional argument. The author concludes that the automatism defense should be recognized because there is not fault on the part of the criminal defendant and therefore no responsibility for the criminal act.

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The Future Of Fetal Research In California: A Proposal For Change, Paula L. Lehmann Jul 1978

The Future Of Fetal Research In California: A Proposal For Change, Paula L. Lehmann

San Diego Law Review

This comment explores statutes regulating fetal research and the trend to regulate experimentation through legislation. The author begins by giving an overview of fetal research including exactly what the term fetal research means. The author then discusses the emergence of the fetal research controversy around the time of Roe v. Wade . Next the author examines California 's legislative response to the controversy and the effect of these regulations on research in California . Finally, the author discusses the possible federal legislation and the problems that might be involved in such legislation.

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Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton Jun 1978

Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When this information is available either before conception or during pregnancy, prospective parents may choose to prevent the birth of such defective children through contraception or abortion. Recently, courts have been called on to define the circumstances in which either the parents or the children should receive tort damages when parents are denied opportunities to prevent the birth of defective children because of their physicians' negligent failure to detect or …

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Eyring Research Institute Incorporated V. Tax Commission Of The State Of Utah, And Vernon L. Holman, R. Milton Yorgason, Eleanor Lee Brennan And David Duncan As Commissioners Of The Tax Commission Of The State Of Utah, Utah County Board Of Equalization, And Harrison Conover, Utah County Assessor : Brief Of Petitioner For Review, Utah Supreme Court May 1978

Eyring Research Institute Incorporated V. Tax Commission Of The State Of Utah, And Vernon L. Holman, R. Milton Yorgason, Eleanor Lee Brennan And David Duncan As Commissioners Of The Tax Commission Of The State Of Utah, Utah County Board Of Equalization, And Harrison Conover, Utah County Assessor : Brief Of Petitioner For Review, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Writ of Review of Decision of the State Tax Commission of Utah, Dated June 13, 1977

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133rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 1978

133rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

133rd University of Notre Dame Commencement and Mass Program

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Bryan L. Slade V. Eleanor A. Sanchez Dennis : Brief Of Appellant, Utah Supreme Court May 1978

Bryan L. Slade V. Eleanor A. Sanchez Dennis : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from Judgment of the Third Judicial District Court of Salt Lake County. David K. Winder, presiding.

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Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley May 1978

Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley

Dalhousie Law Journal

Fisheries conservation has become an important if also recent concern of maritime nations with significant economic sectors heavily dependent on ocean harvests. Canada is one of these and the Atlantic salmon is certainly conspicuous among a growing number of endangered fisheries. Grossly depleted salmon runs in the Maritime Provinces once supported a burgeoning estuarial and riparine commercial fishery as well as an immensely profitable tourist industry based on sport fishing. In the past the salmon have suffered from domestic problems, chiefly pollution, for which internal remedies in the form of river clean-ups, pollution abatement and artificial inducements such as fish …

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God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen May 1978

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

Washington Law Review

This article examines the applicability of existing constitutional doctrine to state action which prohibits, burdens, or declines to fund scientific research, not because of deficiencies in its research design, the credentials of the investigator, safety or health hazards, or projected cost-benefit balance of the results, but because the state considers the area of inquiry itself inappropriate or suspect. This article tenders and examines the thesis that governmental decisions to regulate scientific inquiry because of the nature of the knowledge likely to result implicate highly protected constitutional values, particularly those of the first amendment, thereby invoking the stringent model of judicial …

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Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act May 1978

Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act

BYU Law Review

No abstract provided.

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Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray Apr 1978

Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray

Marine Affairs Theses and Major Papers

Before the 1958 Continental Shelf Convention scientists were free to do their research anywhere in the oceans except within a narrow band of territorial waters. Since that time national jurisdiction has closed off increasing amounts of the sea. Most coastal areas and continental shelf areas now require coastal state consent prior to commencing work. Possible reasons for this closure include 1) fear of natural resource exploitation, 2) fear of military exploitation, or 3) growing feelings of nationalism among the developing countries. This paper is divided into two parts. The first deals at length with the development of the issue of …

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Neuro-Jurism: "The Advocacy Ailment", Jeffrey S. Kluger Apr 1978

Neuro-Jurism: "The Advocacy Ailment", Jeffrey S. Kluger

University of Baltimore Law Forum

No abstract provided.

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International Regulation Of Air Pollution, James H. Pannabecker Apr 1978

International Regulation Of Air Pollution, James H. Pannabecker

North Carolina Journal of International Law

No abstract provided.

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The Recombinant Dna Controversy, Augustus T. White, Rochelle L. White Apr 1978

The Recombinant Dna Controversy, Augustus T. White, Rochelle L. White

University of Baltimore Law Forum

The recombinant DNA controversy is a novel one, because proposed legislation is aimed at the regulation of pure scientific research rather than at the application of technology. In the case of DNA research, at least in an academic setting, it would appear that we are faced with a classical constitutional confrontation. On the one hand, fundamental civil liberties are involved. On the other hand, it is argued that the Commerce Clause and powers under Art. I sec. 8 permit regulation in this area because of the magnitude of the postulated danger to public health. Unlike many such conflicts, this need …

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Dna And The Congressional Prerogatives: Proposals For A Deliberate Legislative Approach To Genetic Research, Terry L. English Apr 1978

Dna And The Congressional Prerogatives: Proposals For A Deliberate Legislative Approach To Genetic Research, Terry L. English

Indiana Law Journal

No abstract provided.

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Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi Apr 1978

Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi

San Diego Law Review

This article discusses several significant fishery issues left unsettled by the Third United Nations Law of the Sea Conference. The author begins by addressing the issue of 200-mile exclusive economic zones for coastal nations. Next, the author discusses several approaches of the conservation regime, including a universal approach, regional approach, treaty approach, and non-treaty approach. The author then examines regional fishery problems in the North Pacific, East Central Atlantic, and Indian Ocean. The author concludes by giving a final appraisal of the Law of the Sea Conference and a possible solution for the conservation of fisheries.

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Paul F. Walton V. Kenneth F. Walton And Fife Rock Products & Construction Company : Brief Of Plaintiff And Appellant, Paul F. Walton, Utah Supreme Court Mar 1978

Paul F. Walton V. Kenneth F. Walton And Fife Rock Products & Construction Company : Brief Of Plaintiff And Appellant, Paul F. Walton, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a Final Order of the Second Judicial Distr!Ct Court For Davis County Honorable John F. Wahlquist, District Judqe

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Transsexuals In Search Of Legal Acceptance: The Constitutionality Of The Chromosome Test, Wayne Scott Cole Mar 1978

Transsexuals In Search Of Legal Acceptance: The Constitutionality Of The Chromosome Test, Wayne Scott Cole

San Diego Law Review

This comment discusses the problems of transsexuals seeking legal acceptance as a member of his new sex due to the chromosome test. Specifically, the comment addresses the question whether basing a person's legal rights on the results of the chromosome test is an unconstitutional violation of a transsexual's right to equal protection. The author begins by setting forth a factual background of transsexualism and sex determination. Next the author examines how the chromosome test could be attacked by an equal protection argument. The author concludes that using the chromosome test to determine a transsexual's sex violates his right to equal …

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The Forum (Volume 7, Number 6), Valparaiso University School Of Law Feb 1978

The Forum (Volume 7, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

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