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Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber Oct 2001

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

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In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen Oct 2001

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Faculty Scholarship

More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …

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Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Clive B. Jacques, Jack M. Beermann Oct 2001

Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Clive B. Jacques, Jack M. Beermann

Faculty Scholarship

In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …

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The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram Aug 2001

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

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Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner Jul 2001

Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner

Faculty Scholarship

Noteworthy international activity relating to the environment occurred in a wide variety of fora in 2000. This chapter provides brief updates on some of the most significant developments. Though by no means a comprehensive review, the chapter reflects the wide sweep of issues and large number of entities now involved in the development of international environmental law, at the start of this new century. It also reflects how critical and complex this international work is, and how much remains to be done.

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A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick Jul 2001

A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick

Faculty Scholarship

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …

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Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein Apr 2001

Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Florida's Foster Care System Fails Its Children, Timothy L. Arcaro Apr 2001

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …

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Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson Apr 2001

Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

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Congress And The Legislative Web Of Trust, Alan L. Feld Apr 2001

Congress And The Legislative Web Of Trust, Alan L. Feld

Faculty Scholarship

Trust in the legislative arena does not flow from altruism. It rests on two related foundations: personal interactions and rational incentives. Legislators must engage with each other over at least a two-year term and usually far longer. Their encounters reflect the dynamic of continuing players rather than one-time participants. Thus, failure to carry out commitments chills the possibility of future advantageous agreements with the aggrieved party. Moreover, the process of shared experience and personal interaction can create friendships that make the foundation for trust personal as well as professional. Further, each House of Congress has many of the characteristics of …

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Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein Apr 2001

Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller Apr 2001

Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller

Faculty Scholarship

This article examines the troublesome ethical dilemmas arising out of physician conflicts of interest in the context of research on human beings. It focuses on the inevitable conflict between the objectives of clinical investigators and those of their human subjects to illuminate subtle divergences of interest in doctor-patient relationships that patients often do not recognize - or want to believe. Once perceived, however, these potentially corroding conflicts can stun research subjects and their families, and leave them feeling deeply betrayed by their clinicians. The article concludes that a researcher's substantial financial conflicts constitute material information which, absent compelling circumstances, the …

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Trusting And Non-Trusting On The Internet, Tamar Frankel Apr 2001

Trusting And Non-Trusting On The Internet, Tamar Frankel

Faculty Scholarship

The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …

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Taking Democracy Seriously, Neil B. Cohen Mar 2001

Taking Democracy Seriously, Neil B. Cohen

Faculty Scholarship

No abstract provided.

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Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney Mar 2001

Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney

Faculty Scholarship

This article addresses the importance of teaching legal ethics in law schools. After a brief introduction, this article outlines several reasons why it is necessary to have formal ethical training in law schools. The article then explains the different methods of teaching legal ethics that are utilized in the United States. The article also details why it is important and how to teaching comparative legal ethics in law schools due to increased globalization. The article concludes by identifying sources, such as the internet, for teaching comparative legal ethics.

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Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu Mar 2001

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

Since the mid-1980s, the U.S.-China intellectual property conflict has entered into the public debate. It was frequently debated in Congress and was widely covered by the mass media. Despite the importance of this issue, the debate thus far has been one-sided, focusing primarily on the unfair competition aspect. While there are undeniably some greedy Chinese who are eager to free ride on the creative efforts of Western authors and inventors, greed alone cannot explain the century-old U.S.-China intellectual property conflict. To understand the roots of this conflict, one must focus on the significant political, social, economic and cultural differences between …

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The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh Mar 2001

The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh

Faculty Scholarship

Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through …

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Gas Mass Fractions And The Evolution Of Low Surface Brightness Dwarf Galaxies, Stacy S. Mcgaugh Jan 2001

Gas Mass Fractions And The Evolution Of Low Surface Brightness Dwarf Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

The optical and H I properties are presented for a sample of low surface brightness (LSB) dwarf galaxies, cataloged from the Second Palomar Sky Survey. Gas mass fractions for LSB dwarfs reach the highest levels of any know galaxy type (fg = 95%), confirming that their low stellar densities are due to inefficient conversion of gas mass into stellar mass. Comparison with star formation models indicates that the blue optical colors of LSB dwarfs are not due to low metallicity or to recent star formation and can only be explained by a dominant stellar population less than 5 Gyr in …

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Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy Jan 2001

Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy

Faculty Scholarship

No abstract provided.

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What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks Jan 2001

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney Jan 2001

Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

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Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John C. Dernbach, Doug Koplow Jan 2001

Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John C. Dernbach, Doug Koplow

Faculty Scholarship

No abstract provided.

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Reflections On Good (Law) Teaching, Mary Kate Kearney, Mary Jane Kearney Jan 2001

Reflections On Good (Law) Teaching, Mary Kate Kearney, Mary Jane Kearney

Faculty Scholarship

No abstract provided.

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Sales, Robyn L Meadows, John D Wladis, Larry T Garvin, Martin A Kotler Jan 2001

Sales, Robyn L Meadows, John D Wladis, Larry T Garvin, Martin A Kotler

Faculty Scholarship

No abstract provided.

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The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Carl S. Bjerre, Stephen L. Sepinuck Jan 2001

The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Carl S. Bjerre, Stephen L. Sepinuck

Faculty Scholarship

No abstract provided.

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Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M Moringiello Jan 2001

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

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Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto Jan 2001

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

Faculty Scholarship

No abstract provided.

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Quasi-Rationality In Action: A Study Of Psychological Factors In Merger Decision Making, James A. Fanto Jan 2001

Quasi-Rationality In Action: A Study Of Psychological Factors In Merger Decision Making, James A. Fanto

Faculty Scholarship

No abstract provided.

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Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser Jan 2001

Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

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Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind Jan 2001

Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

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