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Articles 9781 - 9810 of 13079
Full-Text Articles in Entire DC Network
Origins Of The Human Genome Project, Robert Mullan Cook-Deegan
Origins Of The Human Genome Project, Robert Mullan Cook-Deegan
RISK: Health, Safety & Environment (1990-2002)
Dr. Cook-Deegan recounts some of the scientific and political history leading to controversy about the proper mix of private and public roles in pursuing genome research and bringing its fruits to bear, e.g., in preventing and curing disease.
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Faculty Scholarship
No abstract provided.
Scorn, Richard Delgado, Jean Stefancic
Scorn, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer
Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer
San Diego Law Review
In his book Forbidden Grounds: The Case Against Employment Discrimination Laws, Richard Epstein attacks antidiscrimination law from three different philosophical points of view: utilitarian, libertarian, and freedom of contract. The author of this Article addresses each of these philosophies, and argues that none of these arguments is compelling as applied to a legal regime as popular as Epstein admits core antidiscrimination law to be. This Article points out inconsistencies in Epstein's view of the public's acceptance of antidiscrimination laws as being silly.
The Opinion Volume 34 Number 8 – January 25, 1994, The Opinion
The Opinion Volume 34 Number 8 – January 25, 1994, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated January 25, 1994
The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds
The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds
Scholarly Works
State constitutional rights to arms are of considerable interest, both for their own sake and as sources of insight into the meaning of the Federal Constitution's right to keep and bear arms. This article examines the origins and scope of the right to arms provided in the Tennessee Constitution, including Tennessee cases that, interestingly, were cited as authority by the United States Supreme Court in the 1939 case of United States v. Miller, one of the Supreme Court's few cases to address Second Amendment issues in any depth.
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
Marine Affairs Theses and Major Papers
During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …
Western Business In Hungary: Challenges And Ways Of Coping, J. Leslie Jankovich
Western Business In Hungary: Challenges And Ways Of Coping, J. Leslie Jankovich
Global Business & Development Law Journal
No abstract provided.
The Killing Time: A Legal History Of Aboriginal Resistance In Colonial Australia, Sidney Harring
The Killing Time: A Legal History Of Aboriginal Resistance In Colonial Australia, Sidney Harring
Publications and Research
No abstract provided.
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …
A Primer For The Constitutionally Impaired, Marianne M. Jennings
A Primer For The Constitutionally Impaired, Marianne M. Jennings
Duquesne Law Review
Constitutional law is to the legal community what economics is to liberal arts: the queen mother of all other studies. But, then again, is it? Have we been reverent for too long? Isn't there a need to reduce constitutional law to a summary that offers the appropriate level of disrespect for everything from sua sponte to justiciability? Herein lies the first no-holds-barred look at the hallowed world of free exercise and strict scrutiny. The author should be bootstrapped to death, following, of course, appropriate due process
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
UIC John Marshall Journal of Information Technology & Privacy Law
The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
St. Thomas Law Review
While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …
Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell
Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell
Articles
This Article presents a theoretical model for analyzing welfare policy choices, a model that seeks both to explain the puzzling persistence of welfare in the face of widespread dissatisfaction with it, and to provide a reasoned basis for making more satisfactory policy choices. Drawing on game theory, the author postulates that the poor and the nonpoor are faced with a strategic dilemma as a result of their shared stake in the alleviation of poverty. The author's analysis of this dilemma suggests that the nonpoor react rationally by providing assistance to the poor, but that they are dissatisfied with this outcome …
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
Articles
No abstract provided.
Environmental Terrorism: Lessons From The Oil Fires Of Kuwait, Jesica E. Seacor
Environmental Terrorism: Lessons From The Oil Fires Of Kuwait, Jesica E. Seacor
American University International Law Review
No abstract provided.
The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr.
The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr.
Canada-United States Law Journal
No abstract provided.
Ethnic Cleansing In The Balkans: The Legal Foundations Of Foreign Intervention, David M. Kresock
Ethnic Cleansing In The Balkans: The Legal Foundations Of Foreign Intervention, David M. Kresock
Cornell International Law Journal
No abstract provided.
Applicability Of International Criminal Laws To Events In The Former Yugoslavia, Jordan J. Paust
Applicability Of International Criminal Laws To Events In The Former Yugoslavia, Jordan J. Paust
American University International Law Review
No abstract provided.
The Right Not To Be Displaced, Maria Stavropoulou
The Right Not To Be Displaced, Maria Stavropoulou
American University International Law Review
No abstract provided.
National Discretion: Choosing Cocom's Successor And The New Export Administration Act, Philip H. Oettinger
National Discretion: Choosing Cocom's Successor And The New Export Administration Act, Philip H. Oettinger
American University International Law Review
No abstract provided.
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
Faculty Publications
This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.
The Lockerbie Incident Cases: Libyan-Sponsored Terrorism, Judicial Review And The Political Question Doctrine, Scott S. Evans
The Lockerbie Incident Cases: Libyan-Sponsored Terrorism, Judicial Review And The Political Question Doctrine, Scott S. Evans
Maryland Journal of International Law
No abstract provided.
Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis
Suits By Public Hospitals To Recover Expenditures For The Treatment Of Disease, Injury And Disability Caused By Tobacco And Alcohol, Raymond E. Gangarosa, Frank J. Vandall, Brian M. Willis
Fordham Urban Law Journal
Public hospitals are forced to absorb many of the costs of treating indigent patients whose alcohol and tobacco consumption has predictably lead to illness. This is contradictory to hospital's own interests in preventing disease, improving the efficiency of therapy and minimizing their financial losses. The goal of this article is to examine the possibility of reassigning these coasts through litigation. A cause of action should be available to public hospitals to recover their expenditures for the uncompensated medical treatment that is necessitated by alcohol and tobacco use. Such litigation in Mississippi and similar Florida legislation should serve as a model …
Bibliography Of William F. Fratcher's Writings
Bibliography Of William F. Fratcher's Writings
Missouri Law Review
Bibliography of William F. Fratcher's Writings
Let The Buyer Beware: Economic Modernization, Insurance Reform, And Consumer Protection In China, Jennifer A. Meyer
Let The Buyer Beware: Economic Modernization, Insurance Reform, And Consumer Protection In China, Jennifer A. Meyer
Fordham Law Review
No abstract provided.
Indigenous Peoples Displaced From Their Environment: Is There Adequate Protection?, Maria Stavropoulou
Indigenous Peoples Displaced From Their Environment: Is There Adequate Protection?, Maria Stavropoulou
Colorado Environmental Law Journal
No abstract provided.
Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew
Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew
UC Law SF International Law Review
Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Michigan Journal of International Law
This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.
Civil Forfeiture And Drug Proceeds: The Need To Balance Societal Interests With The Rights Of Innocent Owners, George T. Pappas
Civil Forfeiture And Drug Proceeds: The Need To Balance Societal Interests With The Rights Of Innocent Owners, George T. Pappas
Marquette Law Review
No abstract provided.