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Application For A Finding Of Reasonable Diligence, In Eagle County, Colorado. Case No. 00cw245 (94cw323) (Water Division 5, Dec. 12, 2000) (Original Decree: Aug. 6, 1976, Case No. W-2883). Applicant: Adam's Rib Recreation Area (Attys. Arthur B. Ferguson, Jr. And Shane J. Harvey, Holland & Hart, L.L.P.)., Kevin Rohnstock

Water Law Review

No abstract provided.

Tobacco Tort Litigation In California: A Better Understanding Of Civil Code Section 1714.45, Stephen D. Sugarman

San Diego Law Review

Before 1963, lawsuits in California by victims of product injuries were either handled under principles of negligence or they were cast as contract claims that drew on “implied warranty” principles.8 For example, if someone bought a loaf of bread from a local bakery, took a bite out of the loaf, and it turned out that a sharp pin hidden in the bread injured the person, the victim could sue the bakery (1) in tort, claiming that the bakery negligently allowed the pin to get into the bread, or (2) in contract, claiming that in providing this sort of bread the …

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …

First Bite And The Private Benefit Doctrine: A Comment On Temporary And Proposed Regulation 53.4958-4t(A)(3), Darryll K. Jones

Journal Publications

The purpose of this article, then, is first to show how the Service's concession to the first bite rule, without a corresponding restatement of the private benefit doctrine, renders the public powerless to prevent a charity's distribution of profit in certain significant circumstances. In the absence of corrective action, the more aggressive and savvy charities will quickly recognize and exploit the loophole. Second, the article discusses and refines a proposal I have previously made concerning a restatement of the private benefit doctrine in a manner that would close the loophole. Since the private benefit doctrine is very closely related to …

State Of Tennessee Annual Statistical Report Of The Department Of Education For The Scholastic Year Ending June 30, 1999, Tennessee. Department Of Education.

Annual Statistical Report

No abstract provided.

Cwu Faculty Senate Minutes - Index 2000-2001, Nancy Bradshaw

Faculty Senate Minutes

No abstract provided.

Migration And Radicalization: Global Futures, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This book explores the connections between migration and terrorism and extrapolates, with the help of current research and case studies, what the future may hold for both issues. Migration and Radicalization: Global Futures looks at how migrants and terrorists have both been treated as Others outside the body politic, how growing migrant flows borne of a rickety state system cause both natives and migrants to turn violent, and how terrorist radicalization and tensions between natives and migrants can be reduced. As he contemplates potential global futures in the light of migration and radicalization, Gabriel Rubin charts a course between contemporary …

Minnie F. Low, Mary Jo Deegan

Department of Sociology: Faculty Publications

Minnie Low was a leader among the Chicago women who worked in social reform and social service between 1890 and 1920. Low was born in New York City, the second child of six in a Jewish family. Her parents' names, occupations, and country of birth are unknown. When she was ten years old, the family moved to Chicago, where she finished elementary school. She attended South Division High School for less than a year and left school because she was in poor health.

Low's first recorded job was as HANNAH SOLOMON's secretary, when Solomon was organizing the Jewish Women's Congress …

The Effects Of A High-Risk Environment On The Sexual Victimization Of Homeless And Runaway Youth, Kimberly A. Tyler, Les B. Whitbeck, Dan R. Hoyt, Ana Mari Cauce

Department of Sociology: Faculty Publications

Based on the structural-choice theory of victimization, the current study examines the effects of a high-risk environment on the sexual victimization of 311 homeless and runaway youth. Results from logistic regression revealed that survival sex, gender, and physical appearance were significantly associated with sexual victimization. Results from a series of interactions also revealed that the effects of deviant behaviors on sexual victimization varied by gender and age. Although males and females engaged in similar activities, young women were more likely to be victims of sexual assault. These findings suggest that engaging in high-risk behaviors predispose some people to greater risks …

Ecotoxicological Risks Of Potential Toxicants For Brown Tree Snake Control On Guam, John J. Johnston, Richard E. Mauldin, Peter J. Savarie, Joseph E. Brooks, Thomas M. Primus

United States Department of Agriculture Wildlife Services: Staff Publications

The brown tree snake (Boiga irregularis) is a nocturnal, arboreal, rear-fanged, mildly venomous, colubrid snake which can reach lengths of up to 2.3 m and weigh as much as 2 kg(1). Originally, the species' range included the northern and eastern coasts of Australia, Papua New Guinea and nearby islands (2). It is believed that sometime in the 19501s, that snakes were inadvertently transported from New Guinea to Guam, where they proliferated (3). By the mid-1960’s, marked decreases in Guam's bird life were observed. By the mid-1980’s, snake densities were estimated at 50 to 100/hectare (13,000 to 26,000/sq mile), …

The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.

A Vision Of Health And Human Rights For The 21st Century: A Continuing Discussion With Stephen P. Marks, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Professor Marks offers an eloquent vision of health and human rights in the 21st Century. As the Director of the Francois-Xavier Bagnoud Center for Health and Human Rights, Professor Marks ably carries the torch that Jonathan Mann lit in the field until his tragic death on September 2, 1998. Professor Marks stands along with the leading figures in health and human rights - e.g., Audrey Chapman, Sofia Gruskin, Michael Kirby, Daniel Tarantola, Brigit Toebes, Katarina Tomasevski, and Virginia Leary.

Public Health, Ethics, And Human Rights: A Tribute To The Late Jonathan Mann, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human rights violations adversely affect the community's health, coercive public health policies violate human rights, and advancement of human rights …

Follow-Up Study To Fhwa/In/Jhrp-92/22: Development Of A Strategy For Compliance With Epa And Osha Regulations Applicable To Indot Facilities, Lynn A. Corson

JTRP Technical Reports

The objectives of this research were - 1. To assess the department’s progress at selected facilities toward minimizing, reducing, recycling, reusing, reclaiming and eliminating by-products of operations classified as hazardous, solid or special waste. The department’s progress toward modifying or eliminating (such as by contracting) operations or its use of alternate products to reduce potential environmental liability and associated costs will be examined, 2. To observe and analyze selected operations at a sample of facilities visited during the first study [March 1990 – November 1992] to identify where additional strengthening is needed. Additional facilities recommended by the department will also …

Mark Tushnet: A Personal Reminiscence, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

In this essay the author pays tribute to Mark Tushnet, a prominent scholar of constitutional law and legal history, who also served on the faculty of the Georgetown University Law Center for many years.

Edison Community College General Catalog 2000-2001, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Thirty Nine. 2000-2001. Scanned by Internet Archive.

Can They Do That? Legal Ethics In Popular Culture: Of Characters And Acts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This Essay describes the depiction of modern lawyers' professional ethics in literature, films, and television, and distinguishes between personal and professional character and specific acts. Depictions of lawyers in modern popular culture are more complex and nuanced than older treatments and allow law students, lawyers, and legal academics an opportunity to examine both ethical rule violations and "micro" behavioral choices, as well as character and more "macro" professional career choices and philosophies in a variety of contexts and serialized plot, treatments. Treatments of professional ethics in more recent popular culture are also contrasted to more literary examinations of both lawyers' …

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article continues and expands on my earlier project of seeking to describe how legal negotiation should be understood conceptually and undertaken behaviorally to produce better solutions to legal problems. As structured problem solving requires interests, needs and objectives identification, so too must creative solution seeking have its structure and elements in order to be effectively taught. Because research and teaching about creativity and how we think has expanded greatly since modern legal negotiation theory has been developed, it is now especially appropriate to examine how we might harness this new learning to how we might examine and teach legal …

Rights, Capabilities, And The Good Society, Robin West

Georgetown Law Faculty Publications and Other Works

In Part I this essay explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. I conclude in this part that this understanding of rights is mistaken. In Part II, I urge that the pragmatic argument put forward by rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in …

Defending Congress, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

Every year the Solicitor General must decide, one case at a time, what the interests of the United States are with respect to several thousand different cases in the federal and state courts. Should the United States appeal, or seek rehearing, or petition for certiorari, or file a brief amicus curiae, or intervene? What issues should the United States raise, and what arguments should it make? How should the law be interpreted or the doctrine applied? The goal is for the United States to speak with one voice - a voice that reflects the interests of all three branches of …

Patent Scope And Innovation In The Software Industry, Julie E. Cohen, Mark A. Lemley

Georgetown Law Faculty Publications and Other Works

Software patents have received a great deal of attention in the academic literature. Unfortunately, most of that attention has been devoted to the problem of whether software is or should be patentable subject matter. With roughly eighty thousand software patents already issued, and the Federal Circuit endorsing patentability without qualification, those questions are for the history books. The more pressing questions now concern the scope to be accorded software patents. In this Article, we examine the implications of some traditional patent law doctrines for innovation in the software industry. We argue that patent law needs some refinement if it is …

A Conversation On Federalism And The States: The Balancing Act Of Devolution, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

If you consider whether there might be a national definition of benefit levels in welfare, you might well ask whether there is a state-by-state difference in people's needs. There are some regional differences in cost of living, but, otherwise, you eat, you need shelter, and so on. The history of disability policy is very interesting in this regard because from 1935 until 1972 (apart from the addition of social security disability in the 1950s), disability was handled as a welfare category. There were separate welfare programs for the aged, blind, and the disabled, and they were structured the way Aid …

"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

Pandolfo Collenuccio's "Specchio D'Esopo" And The Portrait Of The Courtier, Giancarlo Fiorenza

Art and Design

No abstract provided.

Race And Discretion In American Medicine, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …

Privacy, Ideology, And Technology: A Response To Jeffrey Rosen, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay reviews Jeffrey Rosen’s The Unwanted Gaze: The Destruction of Privacy in America (2000).

Rosen offers a compelling (and often hair-raising) account of the pervasive dissolution of the boundary between public and private information. This dissolution is both legal and social; neither the law nor any other social institution seems to recognize many limits on the sorts of information that can be subjected to public scrutiny. The book also provides a rich, evocative characterization of the dignitary harms caused by privacy invasion. Rosen’s description of the sheer unfairness of being “judged out of context” rings instantly true. Privacy, Rosen …

Poverty And Welfare Policy In The Post-Clinton Era, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

This is an important time to talk about people in need. There have been major changes recently in public policy toward those in need, and we have seen enough of their effect to be able to discuss the next steps. We have a new President and Congress. A recession is looking more probable by the day. And the 1996 welfare law is coming up for reauthorization in 2002. So this is a good time to look at how we are doing and what we need to do.

Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …

Maybe Poetry Isn't So Bad After All, Melissa Engels

Language Arts Journal of Michigan

No abstract provided.