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Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic Jan 1994

Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado Jan 1994

Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado

Articles

Opponents of affirmative action and similar redistributive measures often argue that they proceed in defiance of the merit principlethe idea that scarce resources such as places in a law school class ought to go to those who most deserve them Since affirmative actions beneficiaries usually minorities from poor backgrounds often lack traditional indicators of merit such as top grades and test scores it is said giving them an edge in the competition for law slots violates the merit principle This chronicle subjects this argument to critical analysis examining the history and current functioning of conventional merit and noting a number …


A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg Jan 1994

A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg

Articles

This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …


The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr. Jan 1994

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

Articles

Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …


Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Jan 1994

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the United States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …


If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1994

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.


Legal Scholarship Today, Richard A. Posner Jul 1993

Legal Scholarship Today, Richard A. Posner

Articles

No abstract provided.


Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson Apr 1993

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.


Animal Rights: The Frontiers Of Compassion, Henry Spira Jan 1993

Animal Rights: The Frontiers Of Compassion, Henry Spira

Articles

No abstract provided.


The Eagle Bird: Mapping A New West, Dale Goble Jan 1993

The Eagle Bird: Mapping A New West, Dale Goble

Articles

No abstract provided.


From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case Jan 1993

From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case

Articles

No abstract provided.


God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case Jan 1993

Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case

Articles

No abstract provided.


Some Reflections On The Gender Gap In Employment, Richard A. Epstein Jan 1993

Some Reflections On The Gender Gap In Employment, Richard A. Epstein

Articles

No abstract provided.


Public Lands And Agricultural Pollution Symposium Edition: Stormy Weather Over The Management Of Public Lands And The Federal And State Regulation Of Agricultural Pollution: Introduction, Dale Goble Jan 1993

Public Lands And Agricultural Pollution Symposium Edition: Stormy Weather Over The Management Of Public Lands And The Federal And State Regulation Of Agricultural Pollution: Introduction, Dale Goble

Articles

No abstract provided.


Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias Jan 1993

Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias

Articles

No abstract provided.


In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton Jan 1993

In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton

Articles

No abstract provided.


Well-Being And The State, Cass R. Sunstein Jan 1993

Well-Being And The State, Cass R. Sunstein

Articles

No abstract provided.


Information, Please Feature, Cass R. Sunstein Jan 1993

Information, Please Feature, Cass R. Sunstein

Articles

No abstract provided.


Words, Conduct, Caste, Cass R. Sunstein Jan 1993

Words, Conduct, Caste, Cass R. Sunstein

Articles

No abstract provided.


The Anticaste Principle, Cass R. Sunstein Jan 1993

The Anticaste Principle, Cass R. Sunstein

Articles

No abstract provided.


The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows Jan 1993

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

Articles

The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.


Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger Jan 1993

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr. Jan 1993

Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.

Articles

No abstract provided.


Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach Proceedings Of The Conference On Ethical Issues In Representing Older Clients, Steven H. Hobbs, Fay Wilson Hobbs Jan 1993

Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach Proceedings Of The Conference On Ethical Issues In Representing Older Clients, Steven H. Hobbs, Fay Wilson Hobbs

Articles

No abstract provided.


Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones Jan 1993

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.


Charting The Turbulent Waters Of Federalism: Striking The Proper Balance Under The Clean Water Act (92-1911) Clean Water Act, William L. Andreen Jan 1993

Charting The Turbulent Waters Of Federalism: Striking The Proper Balance Under The Clean Water Act (92-1911) Clean Water Act, William L. Andreen

Articles

No abstract provided.


Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar Jan 1993

Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar

Articles

In the past two decades, we have witnessed a "sea change in public, medical, and legislative judgments" about "letting die" and the "right to die." But it is no less true today than it was 35 years ago, when I first wrote about this subject, that in Anglo-American jurisprudence active euthanasia (what used to be called "mercy killing") is murder.


Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg Jan 1993

Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …