Digital Commons Network^™

Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino

Fordham Urban Law Journal

Author traces the history of legal duty in prenatal injury cases and examines the factors which contributed to the expansion and evolution of such duty. Author examines the approaches used by courts in deciding whether to grant a cause of action for prenatal injuries and analyzes recent decisions and what effect they may have on the future prenatal injury litigation.

Anti-Satellite Weapons And The Outer Space Treaty Of 1967, Rex Zedalis, Catherine Wade

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck

Cleveland State Law Review

This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible …

The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen

Cleveland State Law Review

At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Cleveland State Law Review

This article will analyze five major specialized environmental review statutes which affect the greatest number of federal activities, including 1) the Fish and Wildlife Coordination Act of 1958; 2) the Endangered Species Act of 1973; 3) the National Historic Preservation Act of 1966; 4) the Wild and Scenic Rivers Act of 1974; 5) the Coastal Zone Management Act of 1972, and will evaluate their existing judicial interpretations, identify emerging trends in the law, highlight the problems that have arisen owing to the proliferation of environmental statutes and finally offer suggestions for the future.

Acid Coal Mine Drainage: Past Pollution And Current Regulation, Patrick C. Mcginley, Thomas J. Sweet

Duquesne Law Review

No abstract provided.

Towards A Human Rights Theory Of Criminal Law: A Humanistic Perspective, John Delaney

Hofstra Law Review

No abstract provided.

The Affirmative Duty Of Federal Departments And Agencies To Restore Endangered And Threatened Species, Martha T. Eider-Orley

Hofstra Law Review

No abstract provided.

Moore V. City Of East Cleveland, Kathe J. Tyrrell

Hofstra Law Review

No abstract provided.

Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Religion, Law And Ethics -- A Call For Dialogue, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Science, Society, And The Expert Town Meeting: Some Comments On Asilomar, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Justice In The Slough Of Equality, Julius Stone

UC Law Journal

The problem of how best to resolve "reverse discrimination" questions under the equal protection clause is currently receiving much attention. The author closely examines the widely accepted belief that equality is the same thing as justice. He demonstrates that there is no a priori or empirical justification for this identification and rejects it as an analytical touchstone whose usefulness is over. Something more flexible must be created to help define the relationship between "equal treatment' and "justice." In his analysis of equal protection clause case law, he demonstrates that equality, as a criterion of justice, is too inflexible to be …

Victim Categories Of Crime, Marvin E. Wolfgang, Simon I. Singer

Journal of Criminal Law and Criminology

No abstract provided.

Family Law: Parent And Child, Ellen K. Solender

SMU Law Review

No abstract provided.

Virginia's Coastal Zone Management Program: A Legislative Crisis, Scott C. Whitney, N. Bartlett Theberge

Popular Media

No abstract provided.

In Pursuit Of Clean Oceans - A Review Of The Marine Protection, Research, And Sanctuaries Act, Richard L. Kuersteiner, Etta G. Herbach

Santa Clara Law Review

No abstract provided.

Inheritance Rights Of Children In Virginia, J. Rodney Johnson

University of Richmond Law Review

The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. The first of these sections was contained in Virginia's original code of descent and distribution which was enacted in October, 1785, and the last of these sections was enacted by the 1974 session of the General Assembly. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger …

The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard

University of Michigan Journal of Law Reform

This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …

Medicaid Funding For Abortions: The Medicaid Statute And The Equal Protection Clause, Andrea Bayer Felder

Hofstra Law Review

No abstract provided.

Books Received

Hofstra Law Review

No abstract provided.

War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein

Vanderbilt Journal of Transnational Law

Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?

The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …

Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The "Tender Years" Doctrine In Virginia, Deborah M. Russell

University of Richmond Law Review

In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …

The Fate Of Non-Compliant Municipalities With Regard To The Secondary Treatment Standards Pursuant To The 1972 Federal Water Pollution Control Act Amendments- A Problem Of Enforcement, Tom Bondurant

University of Richmond Law Review

Water pollution is a dualistic problem which concerns both water quality and adequacy of supply of water. The failure to maintain a certain standard with regard to quality and/or adequacy leads to detrimental effects in such areas as domestic water supply, industrial water supply, agricultural water supply, wildlife watering, propagation of marine life, recreational activities, and aesthetic enjoyment.

Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner

Kentucky Law Journal

No abstract provided.

Official Errors And Official Liability, Kenneth Shepsle

Law and Contemporary Problems

No abstract provided.

The Rights Of Children: A Trust Model, Connie K. Beck, Greta Glavis, Susan A. Glover, Mary Barnes Jenkins

Fordham Law Review

No abstract provided.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

The Affinity Provisions Of The Internal Revenue Code: A Case Study In Nonsimplification, Glenn E. Coven

Faculty Publications

No abstract provided.