Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2000

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 13531 - 13560 of 13868

Full-Text Articles in Entire DC Network

Functional Domains In The Simian And Human Immunodeficiency Virus Transmembrane Glycoprotein., John Terrell West Jan 2000

Functional Domains In The Simian And Human Immunodeficiency Virus Transmembrane Glycoprotein., John Terrell West

All ETDs from UAB

No abstract provided.


Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling Jan 2000

Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling

Animal Law Review

Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.


1999 Legislative Review, Aaron Lake Jan 2000

1999 Legislative Review, Aaron Lake

Animal Law Review

No abstract provided.


Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer Jan 2000

Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer

Animal Law Review

Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to aduocate for themselves. While this has long worked to their disadvantage, developments in an area ofjurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering …


Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht Jan 2000

Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht

Animal Law Review

Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected …


Animal Law -- The Casebook, Steven M. Wise Jan 2000

Animal Law -- The Casebook, Steven M. Wise

Animal Law Review

No abstract provided.


Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson Jan 2000

Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson

Animal Law Review

No abstract provided.


Table Of Contents Jan 2000

Table Of Contents

Georgia Law Review

No abstract provided.


Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control, Verner F. Chaffin Jan 2000

Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control, Verner F. Chaffin

Georgia Law Review

Since 1997, a number of states have unwisely enacted or introduced perpetuities repeal legislation. The principal reason for this movement is to enable wealthy individuals to create perpetual dynasty trusts that avoid the generation-skipping transfer tax system. Georgia should resist the urge to join the states that have overturned the Rule Against Perpetuities. The repeal of perpetuities laws ignores the well-founded reasons for the Rule, and uncritically assumes that preserving family wealth in perpetuity is a desirable social goal. The current system, under USRAP, provides a fair compromise between the desires of the present generation and future ones without restricting …


The Changing American Family: A Reevaluation Of The Rights Of Foster Parents When Biological Parental Rights Have Been Terminated, Cassandra S. Haury Jan 2000

The Changing American Family: A Reevaluation Of The Rights Of Foster Parents When Biological Parental Rights Have Been Terminated, Cassandra S. Haury

Georgia Law Review

During the past twenty years, the American ideal of the traditional nuclear family made up of heterosexual parents and their children has been increasingly replaced by a number of new and unconventional family systems. Although many of these novel family systems have received recognition by the courts, foster families have been consistently denied legal rights to the children that they raise. Due to the reality of changing dynamics in family systems in the United States, and the failure of the present foster care system, the judicial system needs to reevaluate its denial of foster parents' due process rights. This Note …


Reconsidering The Americans With Disabilities Act, Miranda Mcgowan Jan 2000

Reconsidering The Americans With Disabilities Act, Miranda Mcgowan

Georgia Law Review

The Supreme Court's Americans with Disabilities Act decisions in Sutton v. United Air Lines and its companion cases have been extensively criticized as inconsistent with the ADA's purpose and legislative history. In Sutton, the Court held that corrective measures used by an individual to alleviate the effects of a physical or mental impairment should be taken into account when assessing whether a person has a disability under the ADA. The Court's ruling rejected the EEOC's interpretive guidance and the approach taken by a majority of circuit courts. As a practical matter, Sutton significantly curtails the class of persons deemed to …


The Origins And Application Of The Military Deference Doctrine, John F. O'Connor Jan 2000

The Origins And Application Of The Military Deference Doctrine, John F. O'Connor

Georgia Law Review

Although the military deference doctrine is often thought to have originated in Supreme Court decisions in the nineteenth century, the doctrine actually is of fairly recent vintage, being traceable to four decisions issued by the Burger Court between 1974 and 1976. The military deference doctrine is (and should be) limited to constitutional issues where courts weigh the extent of the government's interest in determining the constitutionality of the practice at issue. In addition,although the doctrine is oft- criticized by legal scholars,it remains a viable and robust part of the Supreme Court's constitutional jurisprudence


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Jan 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall Jan 2000

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.


Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried Jan 2000

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.


Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan Jan 2000

Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan

Faculty Scholarship

In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure


Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Jan 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Faculty Scholarship

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …


Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper Jan 2000

Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper

Faculty Scholarship

Acquired Immune Deficiency Syndrome (AIDS) was the wake-up call that disturbed America from its mid-twentieth century slumber concerning the dangers of communicable diseases. Until AIDS was identified in 1981, most Americans felt largely impervious to health threats posed by viruses or bacteria. Polio, smallpox, and tuberculosis had been brought under control by the "magic bullets" of antibiotics and vaccines." We felt more susceptible to the ravages of cancer or the debilitation of heart disease. But, over the last twenty years, the (re)emergence of serious or life-threatening microbial- based conditions such as Ebola, hantavirus, Lyme disease, West Nile virus, and even …


Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson Jan 2000

Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson

Faculty Scholarship

The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either …


Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel Jan 2000

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …


Government Of The Good , Abner S. Greene Jan 2000

Government Of The Good , Abner S. Greene

Faculty Scholarship

Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking these …


Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson Jan 2000

Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson

Faculty Scholarship

The idea of extracompensatory damages for abusive breach of contract presents a fundamental conflict. Contract doctrine aims to facilitate exchanges. Extracompensatory damages are disincentives. These aims are essentially irreconcilable. And traditionally the goal of facilitating exchanges has trumped any interest in punishing bad conduct. But there is a lingering sense that sometimes a proportionate response to bad conduct surrounding breach requires more than the traditional measure of damages. At the edges of contract doctrine, two notable experiments manifest the sense that some breaches demand more than compensatory damages. One, the failed California experiment with bad faith breach, permitted the plaintiff …


The Role Of Power In The Rule Of Reason, Mark R. Patterson Jan 2000

The Role Of Power In The Rule Of Reason, Mark R. Patterson

Faculty Scholarship

No abstract provided.


Collisions, Joseph Sweeney Jan 2000

Collisions, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Jan 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Our Way Of Living| Poetry In Verse And Prose, Thomas Riggs Jan 2000

Our Way Of Living| Poetry In Verse And Prose, Thomas Riggs

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Parallel Tracks| The New Western History & Revisionist Photography, Jonathan Richard Eden Jan 2000

Parallel Tracks| The New Western History & Revisionist Photography, Jonathan Richard Eden

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Liquid Carbohydrate Ingestion And Subsequent Effects On Soccer Skill Performance, Erika M. Anattol Jan 2000

Liquid Carbohydrate Ingestion And Subsequent Effects On Soccer Skill Performance, Erika M. Anattol

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Toward An Understanding Of Genetic Information Within Society: Three Essays, Jason E. Burrows Jan 2000

Toward An Understanding Of Genetic Information Within Society: Three Essays, Jason E. Burrows

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.