Digital Commons Network^™

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

UF Law Faculty Publications

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky

UF Law Faculty Publications

In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.

Suffolk University Law School Catalog, 2000, Suffolk University Law School

Suffolk University Law School Academic Catalogs

No abstract provided.

Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy

UF Law Faculty Publications

In this introductory article, I explore what ethics, science, economics, and law suggest about the value of restoration. These themes -- the questions and challenges posed by ethics, science, economics, and law -- resonate throughout the Articles in this Symposium. Drawing on the presentations given at the Symposium and the literature on environmental restoration, this article reviews some of the major questions that science and ethics pose for restoration, as well as the challenges posed by the economic and legal contexts within which environmental restoration occurs. After a brief comment on the definition of restoration, this article addresses the challenges …

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …

Waterfowl Production Areas: An Updated State Perspective, Murray G. Sagsveen, Matthew A. Sagsveen

North Dakota Law Review

No abstract provided.

Explaining Multilingual Education: Information On Some Tough Questions, Stephen L. Walter

Work Papers of the Summer Institute of Linguistics, University of North Dakota Session

A 1999 seminar on multilingual education has resulted in a book which summarizes the investigative work of the seminar participants (from ten countries). This article provides a synopsis of the book. The evidence suggests that countries which do not develop and implement mother tongue education programs will incur long-term disadvantages outweighing any short-term gains that result from using only one language of education.

A Comparison Between Edema And Lymphedema, Janelle Sunnarborg

Physical Therapy Scholarly Projects

The terms edema and lymphedema are often used interchangeably but treatment approaches for these forms of swelling differ. The purpose of this paper is to compare the treatments for edema and lymphedema, provide a background in the anatomy of the circulatory system and discuss signs, symptoms, and causes of swelling. Management of edema is directed toward its cause but physical therapy treatment may also be appropriate. Lymphedema remains a risk for years following initial injury, therefore, preventative measures are especially important to address, to decrease the occurrence of cellulitis.

Physical therapy treatment for edema and lymphedema include elevation, compression, exercise, …

Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur

Cleveland State Law Review

I am entering this conversation as a comparativist who wants to complicate the received wisdom about India in the West in regard to matters of sex, desire and the law. I want to address three issues:* First, how sex generally and alternative sexuality more specifically, are emerging as zones of contest in the legal arena and are simultaneously cast as cultural controversies in post-colonial India.* Second, I address how sexual subalterns, that is, gays, lesbians and sexworkers, are challenging dominant sexual and cultural norms.* And finally, I examine why a project of pleasure and desire is an important political goal …

The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs

Cleveland State Law Review

I will focus primarily on the struggle in the legislative arena in Washington, DC and more importantly, in states and local communities. And I will focus on three key issues for the GLBT community: families; civil rights and the intersection with religious liberty rights; and finally, violence and hate crimes. In summary, the GLBT community is pushing ahead of these and other issues in all 50 states.

Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman

Cleveland State Law Review

I want to pick up on one of the themes running through virtually all of the papers in this symposium-the contradictory nature of law. Legal victories-and defeats-are always fragile, partial and contradictory. The perspective I bring to this theme is a Canadian one, where in the context of gay and lesbian struggles, legal victories now outweigh legal defeats. I will tell a story of these legal victories, which resulted in a much celebrated case in 1999 known as M v. H., in which the Supreme Court of Canada recognized the equality rights of same sex couples, and struck down a …

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.

The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill

Cleveland State Law Review

The purpose of my remarks today is to suggest that the First Amendment-specifically, the Petition Clause of the First Amendment provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, the Petition Clause is a promising alternative to equal protection and substantive due process. My objective here was merely to plant a seed: to identify an alternative basis for vindicating the rights of gays, lesbians, and bisexuals-especially when combatting homophobic voter initiatives like those in Romer and Cincinnati. It's …

School Principals And New York Times: Ohio's Narrow Reading Of Who Is A Public Official Or Public Figure, Andrew L. Turscak Jr.

Cleveland State Law Review

The United States Supreme Court has promulgated the rule that plaintiffs in defamation cases who are either public officials or public figures must prove that an alleged defamatory statement was made with "actual malice."' Those individuals who have achieved public official or public figure status have a higher burden of proof than ordinary plaintiffs; they must show that a defamatory falsehood was made "with knowledge that it was false or with reckless disregard of whether it was false or not." The Supreme Court has not listed which government employees qualify for public official status, but it has provided some guidance. …

Computer Searches And Seizure, Donald Resseguie

Cleveland State Law Review

This note will discuss legal issues related to search and seizure of computers and define the trend that the law is taking in the emerging area of inquiry. Personal privacy protection will be adequate regarding computer searches and seizures only if the courts properly balance the government's interests in bringing criminals to justice against citizens' interests against overly broad inquiries into the personal affairs. Section II provides a limited general discussion of constitutional limitations on search and seizure. Section III will discuss search and seizure of computers in the context of the "plain view" doctrine as an exception to the …

Through A Looking Glass Darkly: National Security And Statutory Interpretation, Jonathan Turley

SMU Law Review

No abstract provided.

The Sources Of Statutory Meaning: An Archaeological Case Study Of The 1996 Telecommunications Act, John C. Roberts

SMU Law Review

No abstract provided.

The Domestication Of German Foreign Policy In The European Union, John Kincaid

SMU Law Review

No abstract provided.

Education Law, Lynn Rossi Scott

SMU Law Review

No abstract provided.

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.

Examining Biases And Prejudices: Implications For Art Education, Shirley Hayes Yokley

Journal of Social Theory in Art Education

In this paper, I combine an overview of Elisabeth Young-Bruehl’s (1996) socio-psychological examination of group prejudices with a critical examination of artwork by Juan Sánchez to illustrate how issues-based studies of works of art help teachers and students examine and resist biases and prejudices that contribute to oppressive or hegemonic actions.

Book Review: Fehr, D.E., Fehr, K. & Keifer-Boyd, K. (Eds.), (2000). Real-World Readings In Art Education: Things Your Professors Never Told You. Ny: Falmer Press., Dennis E. Fehr

Journal of Social Theory in Art Education

Book Review for Real-World Readings in Art Education: Things Your Professors Never Told You, D.E. Fehr, K. Fehr, and K. Keifer-Boyd (Editors), Falmer Press, New York, 2000.

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

University of Arkansas at Little Rock Law Review

No abstract provided.

Review Of Searching For Hawa's Secret, John Stephen Brantley

Faculty & Staff Research & Creative Activity

No abstract provided.

Review Of Searching For Hawa's Secret, John Brantley

Faculty & Staff Research & Creative Activity

No abstract provided.

Preserving The Oneida Nation Culture, Brian Patterson

St. Thomas Law Review

The topic of this symposium - "Sacred Sites and Modem Lives" - is very timely. We often hear news about some building project that has unearthed an ancient village or burial ground. For every building project that is unearthed you also hear great debate about what to do about the building project, or what to do with the artifacts and the human remains. There exists a big struggle - on the one hand, the needs of society and science, and on the other hand, respect for places and things and people that came long before.

The Miami Circle: Teacher Of Respect For Nature, People, History, And Place, Dennis Wiedman

St. Thomas Law Review

Cut into the limestone bedrock shore of the Miami River where it enters Biscayne Bay, the Miami Circle has captured local, state, national and international attention since its discovery in September 1998. This paper captures the information, insight, and cultural values expressed by the various contributors to the conference on "Sacred Sites and Modem Lives: The Miami Circle and Beyond." It highlights the lessons that enable us to better understand the significance of the Miami Circle's past, its present implications for the South Florida community, and visions of its future.

Will The Circle Be Unbroken--The Miami Circle Discovery And It's Significance For Urban Evolution And Protection Of Indigenous Culture, Pamela G. Levinson

St. Thomas Law Review

A mysterious, ancient stone circle carved into limestone bedrock discovered on a downtown Miami bayfront lot has set a legal precedent for the world. The unique formation known as the Miami Circle has been saved by the exercise of the ultimate power of government - eminent domain. Thus its relevance stretches beyond the local struggle to save one ancient archaeological curiosity. Rather, it stands as a model for the preservation of similar archaeological structures and artifacts found on private lands, which up to now have been vulnerable to destruction. It also stands as a model of hope for other sites …

Principles And Guidelines For The Protection Of The Heritage Of Indigenous People

St. Thomas Law Review

No abstract provided.

The Constitutionality Of The Children's Internet Protection Act, Adam Horowitz

St. Thomas Law Review

Congress is presently considering the Children's Internet Protection Act ("CIPA"). CIPA requires schools and libraries that have computers with Internet access to certify to the Federal Communications Commission (FCC) that they (1) have selected a technology for such computers which filters or blocks access to child pornography and obscene material on the Internet; and (2) are enforcing a policy to ensure the operation of such technology during any use of such computers by minors Schools and libraries failing to submit a good-faith certification to the FCC within thirty days of the bill's enactment are ineligible to receive or retain the …