Digital Commons Network^™

Parental Conflict Prevention Programs And The Unified Family Court: A Public Health Perspective, Andrew Schepard

Hofstra Law Faculty Scholarship

The thesis of this article is that every unified family court should develop a prevention plan to help parents reduce conflict arising out of divorce and separation. A coherent prevention strategy should become a fundamental criteria for distinguishing high-quality family courts from those that do not serve their publics as well. Models of useful pro-grams already exist and can be incorporated into a court's prevention plan. Judges, legislators, lawyers, mental health professionals, and child advocates should insist that they are.

Section Two of this article describes the problems facing courts, parents, and children resulting from divorce and separation in terms …

Protecting Soldiers From Friendly Fire: The Consent Requirement For Using Investigational Drugs And Vaccines In Combat, George J. Annas

Faculty Scholarship

In 1990, following Iraq's invasion of Kuwait, the Department of Defense (DOD) sought a waiver of the informed consent requirements of existing human experimentation regulations from the Food and Drug Administration (FDA). With this waiver, DOD could authorize military use of investigational drugs and vaccines on soldiers involved in the Gulf War without their informed consent. The basis of the waiver request was military expediency. In DOD's words: "In all peace time applications, we believe strongly in informed consent and ethical foundations... but military combat is different." DOD's rationale was that informed consent under combat conditions was "not feasible" because …

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Journal Articles

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer

Journal Articles

John Howard Yoder, prophet and theologian, died in his office at Notre Dame on December 30, 1997, the day after his seventieth birthday. Peter Steinfels's obituary in the New York Times of January 7, 1998, described my friend and colleague Yoder as "a Mennonite theologian whose writings on Christianity and politics had a major impact on contemporary Christian thinking about the church and social ethics." Steinfels did not describe Yoder's thought as jurisprudence; neither, for that matter, did Yoder. But there was (and is), throughout Yoder's scholarship, an implicit theology of law, a jurisprudence. A jurisprudence that is particularly noticeable …

The Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer

Journal Articles

When I had the chance to leave law practice and become a fulltime law teacher, I turned, in the time-honored fashion, for advice from my law teachers. The most memorable and persistent of these—the most cheerful, too, and therefore the most hopeful—was Robert E. Rodes, Jr., then a young (36), transplanted New Yorker, Harvard law graduate, and Boston lawyer. He had already come to flourish, in the Aristotelian sense, in the Midwest—in a Catholic university known more for its football players than for its lawyers.

Rodes told me he had come to teaching and to Notre Dame because he wanted …

In Memoriam: Frank A. Kaufman, Shale D. Stiller, Andre M. Davis, William L. Reynolds

Maryland Law Review

No abstract provided.

Why I Am A Lawyer, Joseph L. Daly

San Diego Law Review

With so little honor associated with the law profession these days, one must wonder why any person aspiring to do something respectable with her or his life7 would choose to be a lawyer.8 To become a lawyer today, students must have a firm desire to be an attorney and a steadfast willingness to accept social opprobrium.9

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Articles

No abstract provided.

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …

Business Subsidies And The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

In this Article, I seek to respond to the Court's overture with a treatment of of subsidies under the dormant Commerce Clause that moves progressively from the general to the specific. Part I examines key Supreme Court cases to show that the basic question of whether state business subsidies are constitutional remains open and important. Part II then turns to how that question should be resolved, focusing on whether subsidies are fairly distinguishable from ostensibly equivalent, and concededly unlawful, discriminatory tax relief. The thrust of Part II is that both precedent and policy support the traditional, pre-West Lynn Creamer" view …

The Courts And The Congress: Should Judges Disdain Political History?, Peter L. Strauss

Faculty Scholarship

In an earlier article in these pages, Professor John Manning argued that the use of legislative materials by courts in effect permits Congress to engage in delegation of its authority to subunits of the legislature, in violation of the separation of powers. Professor Strauss, acknowledging that the previous generation of courts may have excessively credited the minutiae of legislative history, responds that judicial attention to the political history of legislation is required, not forbidden, by considerations of constitutional structure. Only awareness of that history will promote interpretation reflective of the context and political moment of Congress's action. Our history of …

Contracting In Cyberspace, Jeff C. Dodd, James A. Hernandez

Computer Law Review and Technology Journal

Cyberspace law has started to take some shape as lawyers and merchants increasingly look to the same models and structures for guidance. Proposed statutes dealing directly with cyberspace contracting issues are working their way through the process of uniform and legislative law making. A few of these statutory laws have already made it through the gauntlet.4 Although this unsystematic growth through practice has led to a motley collection of legal standards governing cyberspace contracting, most of the issues that these standards purport to deal with relate to only five root problems:

(a)   Authority. When is the contract "my" contract? What …

Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the "discovering" European nations and their successor states, gained legal title to Indian lands in North America. The author argues, using comparative colonial and early American treaty, legislative, and other historical data, that this definition is a legal fiction. In historical reality, discovery was merely an exclusive and preemptive right that vested in the discovering state the right of first purchase.

The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver

Federal Communications Law Journal

Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …

A Revisionist History Of Indian Country, Joseph D. Matal

Alaska Law Review

No abstract provided.

Playing Defense, Robert F. Nagel

William & Mary Bill of Rights Journal

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin

University of Michigan Journal of Law Reform

Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.

Tiered Entities And Sovereign Privileges Under The Foreign Sovereign Immunities Act, Kelly Shaul

San Diego Law Review

The Foreign Sovereign Immunities Act (FSIA) grants state status, and therefore sovereign immunity, to any “agency or instrumentality of a foreign state.” Under some circumstances, where foreign corporations can demonstrate control by a foreign state through state-controlled intermediary companies, these corporations can gain sovereign immunity or procedural benefits of the FSIA. This phenomenon is known as “tiered” ownership. State-owned enterprises are common, and tiered ownership of commercial enterprises by foreign states is widespread among companies doing business in the U.S. This article argues that the concept of “tiered ownership” is not supported by the language of the FSIA and that …

Section 1: Overview Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

1997 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein

University of Miami Law Review

No abstract provided.

Three Versions Of Tax Reform, Alvin C. Warren Jr.

William & Mary Law Review

No abstract provided.

Providing For The Common Defense Versus Promoting The General Welfare: The Conflicts Between National Security And National Environmental Policy, Tracey Colton Green

Southeastern Environmental Law Journal

No abstract provided.

Foreword, Scott L. Silliman

Duke Journal of Comparative & International Law

No abstract provided.

Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley

Duke Journal of Comparative & International Law

No abstract provided.

Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen

Duke Journal of Comparative & International Law

No abstract provided.

The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price

Cardozo Journal of International and Comparative Law

The article posits that media regulation is a tool used by governments to maintain power structures through the control of the "market for loyalties." This concept suggests that laws are employed to manage information and cultural narratives, ensuring that those in power retain their influence by shaping public allegiance. The author illustrates this through examples from various countries, demonstrating how each nation tailors its media laws to fit its unique political and cultural contexts.

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

Truth About Secured Financing , Robert E. Scott

Cornell Law Review

No abstract provided.