Digital Commons Network^™

Green Harms Of Green Projects, John Copeland Nagle

Journal Articles

This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …

Hidden In Plain View: Legal Geography From A Visual Perspective, Irus Braverman

Journal Articles

Law, with a capital “L” at least, is not particularly fond of hiding itself. In order to be effective, law must be asserted in the world; it must be acknowledged; and, most importantly, it must be visually seen. Why, then, would law hide itself in space? And, perhaps more importantly, how would it do so? And why would such hidden places of law be of importance to us? This paper explores the dual project of seeing and concealing within the context of legal geography. It examines how law sees the physical landscape and how it is seen from a spatial …

The Impact And Shortfall Of Conservation On The Status Of The World's Vertebrates , M Hoffmann, C Hilton-Taylor, A Angulo, Monica Bohm Phd, Shm Bbutchart, K E. Carpenter, J Chanson, B Collen, N A. Cox, Neil Cumberlidge

Journal Articles

No abstract provided.

Movement Variability And The Use Of Nonlinear Tools: Principles To Guide Physical Therapist Practice, Regina T. Harbourne, Nikolaos Stergiou

Journal Articles

Fields studying movement generation, including robotics, psychology, cognitive science and neuroscience utilize concepts and tools related to the pervasiveness of variability in biological systems. The concepts of variability and complexity, and the nonlinear tools used to measure these concepts open new vistas for physical therapy practice and research in movement dysfunction of all types. Because mounting evidence supports the necessity of variability for health and functional movement, we argue in this perspective for changes in the way therapists view variability both in theory and in action. By providing clinical examples, as well as applying existing knowledge about complex systems, we …

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis

Journal Articles

The World Trade Organization ('WTO' or the 'Organization') is premised upon increasing prosperity by opening markets to greater trade flows. Although the goals of the Organization include enhancing development and reducing poverty, thus far the WTO has had difficulty bridging the gap between its trade expansion focus – exemplified by members’ substantive commitments to provide greater access to their markets – and its desire to promote development – largely framed in aspirational, nonbinding terms. This article explains why current measures to assist developing countries ('DCs') are not a complete solution to the trade and development disconnect. It further proposes using …

Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson

Journal Articles

The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …

A Law-Policy Proposal To Know Where Babies Come From During The Reproductive Revolution, Michael J. Malinowski

Journal Articles

No abstract provided.

The Precautionary Principle As The Law Of Planetary Defense: Achieving The Mandate To Defend The Earth Against Asteroid And Comet Impacts While There Is Still Time, Evan R. Seamone

Journal Articles

Current legal and policy efforts to enable adequate defense against potential asteroid or comet collisions with the earth are insufficient because they are indirectly premised upon theories that require verification of a clear and imminent threat before governmental agencies can act. This Article identifies the "precautionary principle" as the preeminent law of planetary defense against asteroid and comet impacts. The precautionary principle requires governments to take action to prevent harm even when it is uncertain if, when, or where the harm will occur. It requires governments to implement specific frameworks for making prompt decisions, directs intergovernmental bodies to plan for …

Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean

Journal Articles

No abstract provided.

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …

Symposium Introduction: Past As Prolog: Can Managed Care Overcome The Conflicts Inherited From Fee-For-Service Medicine?, Edward P. Richards

Journal Articles

No abstract provided.

Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt

Journal Articles

No abstract provided.

When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh

Journal Articles

This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …

Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett

Journal Articles

Not long ago, the welfare reform debate took a provocative turn. New Jersey welfare recipients challenged the state's Family Cap rule, which denied additional cash aid to parents who conceive children while on welfare. Welfare rights activists argued that the rule "with[held] benefits to see if [this would] alter human behavior." They insisted that the innovative, but stern, Family Cap rules were effectively experiments on welfare recipients without their consent.

This is a powerful argument. After all, consent enjoys talismanic—if not sacramental—status in modem life and thought; it is our "master concept." But why? Why should consenting mean so much …

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein

Journal Articles

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.

Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas L. Shaffer

Journal Articles

In the spring of 1963, the Indiana Judges Association, which represents about 100 of the 120 trial judges of Indiana, and the Joint Committee for the Effective Administration of Justice sponsored the first "Indiana Trial Judges Seminar" in Indianapolis. The seminar was divided into five subject areas of practical importance to trial judges, with each discussion led by a team of nationally-recognized experts and supplemented by a teacher of law who acted as reporter.

The opportunity to be a reporter on the subject area, "The Judge's Control Over Demonstrative Evidence," proved to be an uncommonly promising occasion for gathering empirical …

Law As An Educational Factor, William J. Hoynes

Journal Articles

In this article, William James Hoynes explores the full scope of education: the means by which all history is brought to knowledge in light of the past and sheds light on the future. He posits that education summarizes all of history, and creates a broadening influence upon the mind of a true scholar. Yet he explains that the law is not to be viewed as a system of arbitrary rules. It rests upon a consciousness of the needs of society. It adapts itself or is enacted with reference to these needs. Not only is the law the highest manifestation of …