Digital Commons Network^™

Sex Discrimination In Life And Law, Diane P. Wood

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No abstract provided.

International Law And Federalism: What Is The Reach Of Regulation?, Diane P. Wood

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No abstract provided.

The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar

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No abstract provided.

Street Children: A Comparative Perspective, Kevin Lalor

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Objective: This paper examines the findings from recent studies of street children in Ethiopia. Methods: Following a discussion of the term “street children,” comparisons are drawn between Latin American and Ethiopian street children in terms of gender, age, reasons for going to the streets, family relations and structure, delinquency, drug use, groups and the outcomes of street life. In particular, the victimisation of street children in Ethiopia is examined. Results: Widespread abuse of street children was reported. More than half of the street boys questioned reported being “regularly” physically attacked. Street life is also highly victimogenic for street girls. Sexual …

Liberty, Patriarchy, And Feminism, Richard A. Epstein

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No abstract provided.

The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter

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Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

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The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

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No abstract provided.

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

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No abstract provided.

Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort

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No abstract provided.

A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows

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Feminists have achieved significant antiviolence legal reforms in the areas of domestic abuse, sexual harassment, and rape over the past three decades. These reforms, however, have reinforced old borders between the traditional categories of violence and prostitution and have constructed new borders by maintaining the distinction between worthy and unworthy women. Despite these flaws, the law reform efforts have the capacity to transform the legal and social meaning of prostitution. By adopting an approach that transcends consent or coercion and private or public, Professors Fellows and Balos use the concept of respectability to introduce an analytically powerful framework for rethinking …

Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

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fiftieth anniversary of the Universal Declaration of Human Rights.8 The Sub-Commission also considered resolutions on country situations in Afghanistan, Algeria, Bahrain, Belarus, Bhutan, the Democratic People's Republic of Korea and Mexico.9 In addition, the Sub-Commission took a new initiative by adopting a thematic resolution, focusing on the protection of human rights defenders in nine countries, including Burma, Colombia, the Democratic Republic of the Congo, Honduras, Indonesia, Nigeria, the Philippines, Tunisia, Turkey and the Federal Republic of Yugoslavia. 10 The Sub-Commission completed considerable work in the area of economic, social and cultural rights, including the Final Report on the Relationship Between …

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

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Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …

Corralling Kevorkian: Regulating Physician-Assisted Suicide In America, Steve Calandrillo

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This article examines the evolution and history of the development of the right-to-die in America, the ethical considerations surrounding physician-assisted suicide (P.A.S.), and the dangers posed by the rise of managed care. I then explore and analyze efforts to legalize and regulate assisted suicide (Netherlands, Oregon, The Model State Act), and suggest the criteria I believe are essential to include in any P.A.S. regulatory scheme.

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

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More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

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This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

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This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …

How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz

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The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.

Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions …

State Immunity Waivers For Suits By The United States, Evan H. Caminker

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The Supreme Court closed this millennium with a virtual celebration of state sovereignty, protecting state authority from the reach of congressional power in several significant ways. In a pair of cases, Seminole Tribe v. Florida1 and Alden v. Maine,2 the Court held that states enjoy a constitutional immunity from being sued without their consent. In Seminole Tribe, the Court opined that "the background principle of state sovereign immunity embodied in the Eleventh Amendment"3 protects states from unconsented suits in federal court. In Alden, the Court held that this principle is not merely embodied in the Eleventh Amendment but rather is …

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

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Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …

The Boundaries Of Private Property, Michael A. Heller

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If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …

The Cutting Edge Of Poster Law, Michael A. Heller

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Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?

The Constitutionality Of Taxing Compensatory Damages For Mental Distress When There Was No Accompanying Physical Injury, Douglas A. Kahn

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Since 1919, statutory tax law has excluded from gross income compensatory damages received on account of a personal injury or sickness.1 The current version of that exclusion is set forth in section 104 (a) (2) of the Internal Revenue Code of 1986.2 The construction of that exclusion, both by the courts and by the Commissioner, underwent significant alterations over the 80-year period that the provision has existed.3 The statute itself was amended several times, most recently in 1996.4 It is the 1996 amendment that has raised a constitutional issue concerning the validity of a portion of the statute.5

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

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In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.

The Three Threats To Miranda, Yale Kamisar

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Miranda v. Arizona (1966) was the centerpiece of the Warren Court's "revolution" in American criminal procedure. Moreover, as Professor Stephen Schulhofer of the University of Chicago Law School has recently noted, a numbir of the Miranda safeguards "have now become entrenched in the interrogation procedures of many countries around the world." But Miranda is in serious trouble at home.

The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar

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Well-rooted in modern commercial law is the idea that the law and the obligations that it enforces should reflect the empirical reality of the relationship between the contracting parties. The Uniform Commercial Code ("Code") champions this tradition by viewing the performance practices formed among the parties throughout their interaction as a primary source for interpreting and supplementing their explicit contracts. The generous recognition of waiver and modifications, as well as the binding force the Code accords to course of performance, course of dealings, and customary trade usages, effectively permits unwritten commercial practices to vary and to erode explicit contractual provisions.

Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder

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The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.

The Type Ia Aupernova 1997br In Eso 576-G40, Weidong Li, Yulei Qiu, Q. Y. Qiao, Xiao-Hong Zhu, Michael W. Richmond, A. V. Filippenko, R. R. Treffers, C. Y. Peng, D. C. Leonard

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The peculiar type Ia supernova SN 1997br in ESO576-G40 was extensively observed at Beijing Astronomical Observatory (BAO) and Lick Observatory. In this paper, we present and discuss the BV RI photometry and the spectra collected over three months, starting from 9 days before maximum brightness. The light curves of SN 1997br are similar to those of SN 1991T, with slow decline rates after the B maximum. Well sampled data before the B maximum show unambiguously that SN 1997br rises more slowly and has a wider peak than normal type Ia supernovae. The optical color evolution of SN 1997br is also …

Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam

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Current First Amendment analysis lacks a coherent view of speech in the professions. Classic cases address the street-comer orator, lone pamphleteer, newspaper editor, broadcaster, cable operator, public employee, grant recipient, vendor, corporation, and, most recently, Internet content provider. And an abundance of theory accompanies these speakers along the way. Although some of these actors may be professionals, both theory and practice generally meet their roles as members of a profession with silence. Despite the century-old recognition of the regulation of professions, we still have, for example, no paradigm for the First Amendment rights of attorneys, physicians, or financial advisers when …

Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier

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Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …