Digital Commons Network^™

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

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No abstract provided.

Appointing A Proxy Under The Best Of Circumstances, Patricia D. White

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On Integrated Pollution Control, James E. Krier

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Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).

Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

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The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone Symposium: Contempory Challenges To Judging-History-Politcs-Values, Steven H. Hobbs, Mary F. Mulligan

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The Law Review Symposium Issue: Community Of Meaning Or Re-Inscription Of Hierarchy Symposium On Legal Scholarship, Jean Stefancic

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Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

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Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …

The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine

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The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …

Marital Property Rights In Transition, Lawrence W. Waggoner

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The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …

Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner

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The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.

Pornography And Harm To Women: No Empirical Evidence, Richard Delgado, Jean Stefancic

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No abstract provided.

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini

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As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …

A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.

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Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.

Identifying The Best Interests Of The Child In Protection Proceedings: Nine Guidelines For The Child Advocate., Donald N. Duquette

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Increasingly, judges appoint court appointed special advocates (CASAs) to represent children in child abuse and neglect proceedings. Like lawyers, CASAs are charged with looking out for the "best interests" of the child. Unfortunately, although the phrase "best interests" sounds noble, it provides little practical guidance for the child advocate.

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

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No abstract provided.

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

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"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

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The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …

United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz

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No abstract provided.

Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson

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The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …

Rationing Access To Medical Care: Some Sober Second Thoughts, Richard A. Epstein

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Three Civil Rights Fallacies, Cass R. Sunstein

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How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

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Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell

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Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin

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Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone

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Tradition, Precedent, And Justice Scalia, David A. Strauss

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Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss

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The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

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A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein

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Regulation--And Contract--In Environmental Law, Richard A. Epstein

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No abstract provided.