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The Intercivilizational Inequities Of Nuclear Power Weighed Against The Intergenerational Inequities Of Carbon Based Energy, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This essay explains that such encouragement of nuclear energy production as a “solution” to fossil fuel-induced climate change will create environmental problems equally as grave as those posed by a carbon-based energy economy. Both nuclear energy and fossil energy impose enormous environmental externalities that are not captured by the economics of energy production and distribution. While emissions trading schemes seek to harness market-based efficiencies to accomplish pre-determined reductions, they neither seek to nor succeed in capturing the environmental externalities of energy generation. By creating a set of incentives without capturing all of the externalities, these trading schemes will simply distort …

The Nonprofit Sector: Myths And Realities, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

Transcript from Who Profits from Nonprofits? A Symposium on Nonprofit Organizations. I have followed the development of CUNY Law School from its founding, and I really have to salute you. I do not know exactly where legal education is going, but I think CUNY is going to get there before other law schools, including my own. Today, I am going to explore some of the myths and realities of the nonprofit sector.

Legal Standing For Animals And Advocates, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …

La Catástrofe De Los Delitos De Riesgo Catastrófico, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Crimes Against Nature, Robert F. Kennedy, Jr.

Elisabeth Haub School of Law Faculty Publications

It is a pleasure for me to be here at St. Thomas and to see so many great legal heroes ensconced in this university, including the president and so many others. As I was signing some copies of my book Crimes Against Nature, it occurred to me that the word “environment” does not appear in the book. I thought I would talk about that today. To me, the environment is the most critical battle because it is the most critical issue in our democracy. Democracy, really all government, is about how we distribute the goods of the land. The best …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Necessity Of Sex Change: A Struggle For Intersex And Transsex Liberties, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article is composed of four Parts. The first Part explores two legal struggles for intersex and transsex goals. The main litigation propositions and structures of the two movements are contrasted, especially the meanings that the two movements offer for the terms “medical necessity,” “cosmetic surgery,” and “medical experimentation.” While Part I takes a critical approach to some of the strategies discussed, the main purpose is to describe the mirroring aspects of the two advocacy movements. The second Part locates these contemporary legal narratives regarding sex change in the broader history of sex change in the twentieth-century United States, emphasizing …

Effect Of Keyswitch Design Of Desktop And Notebook Keyboards Related To Key Stiffness And Typing Force, Marcia J. Bufton, Richard W. Marklin, Mark L. Nagurka, Guy G. Simoneau

Mechanical Engineering Faculty Research and Publications

This study aimed to compare and analyse rubber-dome desktop, spring column desktop and notebook keyboards in terms of key stiffness and fingertip typing force. The spring-column keyboard resulted in the highest mean peak contact force (0.86N), followed by the rubber dome desktop (0.68N) and the notebook (0.59N). All these differences were statistically significant. Likewise, the spring-column keyboard registered the highest fingertip typing force and the notebook keyboard the lowest. A comparison of forces showed the notebook (rubber dome) keyboard had the highest fingertip-to-peak contact force ratio (overstrike force), and the spring-column generated the least excess force (as a ratio of …

Thinking About Economics As Religion, Andrew P. Morriss

Faculty Scholarship

Four years ago, the Case Western Reserve Law Review conducted a paper-only symposium on Bjom Lomborg's The Skeptical Environmentalist. That symposium was so successful that the editors decided to repeat the experience. Seeking a book that could approximate Lomborg's in its ability to inspire controversy, I suggested Robert H. Nelson's Economics as Religion: From Samuelson to Chicago and Beyond after Professor Nelson gave a well-received lecture here on environmentalism as a religion. The editors agreed. As before, the Review has assembled an impressive group to comment on Nelson's book. The group includes economists who take a wide range of …

Newfound Religion: Mothers, God, And Infanticide, Susan Ayres

Faculty Scholarship

This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silenced, so their acts cannot be seen as subversive feminist gestures. Part III, however, arguest that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …

Foreign-Born Population In Selected Ohio Cities, 1870 To 2000 A Brief Descriptive Report, Mark Salling, Ellen Cyran

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

The Technical Fix Or The Systemic Solution For Urban Water Quality? A Case Study Of Grassroots Activism On Behalf Of New York City's Drinking Water, Mirele B. Goldsmith

Dissertations, Theses, and Capstone Projects

This case study examines the activities of the Croton Watershed Clean Water Coalition from 1996 until 2004. The Coalition opposed construction of a filtration plant for the Croton water supply. The study traces the Coalition’s campaign against filtration, which took place in the context of the widely heralded New York City Watershed Memorandum of Agreement (1997). Although the Agreement permitted New York City to avoid filtration for its Catskill and Delaware water supplies, plans were laid for filtration of the Croton supply.

My study is informed by political ecology which provides a framework for understanding politics, practices and contradictions involved …

The Paradoxes Of Diversity: Race, Class, And Gender Relations In A Federal Bureaucracy, Linda B. Benbow

Dissertations, Theses, and Capstone Projects

This qualitative study analyzes the perspective of urban postal workers regarding their experiences in a diverse workplace. It will describe the social relations of workers and shows how race, gender, and class are implicated in those relationships. The research design involves in-depth interviews, participant-observation, and analysis of postal and postal union literature. The theoretical framework undergirding this research is multidimensional; theories of diversity in the workplace will be incorporated with race, class, and gender theories. The premise of this research is that diversity problems are rooted in the organizational structure. Power differences are inherent in hierarchically arranged bureaucratic settings and …

Aba Files Amicus Brief In Actual Innocence Case, Rory K. Little

Faculty Scholarship

No abstract provided.

The 2000 Amendments To The Discovery Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

“Peace Is More Than The End Of Bombing”: The Second Stage Of The Vieques Struggle, Sherrie Baver

Publications and Research

The nature of colonialism in Puerto Rico has caused most political issues to be viewed within the framework of status politics. In the first stage of the struggle to expel the U.S. Navy from the island (1999–2003), civil society in Puerto Rico united when the issues were reframed with links not to status politics but to human rights and social justice. Viequenses symbolized for Puerto Ricans in Puerto Rico, on the mainland, and in the world at large the costs of military colonialism. In the second stage of the struggle, since the military’s departure, Viequenses have struggled to control the …

Evidence Scholarship Reconsidered: Results Of The Interdisciplinary Turn, Roger C. Park, Michael J. Saks

Faculty Scholarship

No abstract provided.

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

The Ethics Of Etiquette: An Introduction To A Symposium In Honor Of Dean Lee E. Teitelbaum, Michael W. Mcconnell

Utah Law Review

This symposium is an occasion to celebrate the life and work of Lee Teitelbaum, a great scholar, warm friend, and exemplary educator. We are reminded of his contributions to the field of family law, and introduced to the final scholarly works of his life. I suspect he would say, though, in his gentlemanly way, that this is the least important aspect of the symposium. He would tell us, I am confident, that what really matters is the continuing work of students and scholars in the field. May Lee's empirical curiosity, humanity, and most of all his ethic of etiquette, carry …

The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset

Utah Law Review

History could, he thought, help us move away from that version ofreality, and consider detailed questions. "Historical and sociological work may help us consider whether, if divorce was rare, marital breakdown was also rare, and whether acceptance ofthe 'family ideal' entailed the masking ofbehaviors that we now call domestic abuse.,,158 "History from any disciplinary source has a further important function," he said, "as a prophylaxis against nostalgia."159 This Essay on Painter v. Bannister, reading this case as a marker on the shape of the family, does not intend to describe a golden age, but rather to show the simplifications that …

Ethics, Morality, And Truth-Telling, Lee E. Teitelbaum

Utah Law Review

The most troublesome of these examples is the last-impeachment by prior conviction. Jethro Lieberman's book, The Litigious Society, argues that to impeach a witness to save your client is like a bodyguard throwing an innocent person in the path of a bullet.66 Until 1993 the Criminal Defense Standards suggested that impeachment by prior conviction should be avoided if the witness is testifying truthfully.67 Lieberman's argument reminds one of the dangers of analogy, and the Defense Standards ultimately only hoped that lawyers will not impeach witnesses for the fun of it. Perhaps the real problem is with the evidence rule itself. …

Children's Rights And The Problem Of Equal Respect, Lee E. Teitelbaum

Utah Law Review

Few areas present more difficult problems than does the definition of the rights of children and parents and the authority of the state regarding their conduct. Conceptualizations and organizations that serve perfectly well in talking about other areas of human rights break down swiftly and badly in this context. The difficulty of applying traditional theory to family relationships led Professor Fried to observe that "[c]ertain moral phenomena are peculiarly elusive,,,l and most other writings in the area would at least implicitly confrrm his assessment of the rights of family members.2 American courts, in particular the Supreme Court, have also recognized …

An Empirical Study Of Parental Responsibility Laws: Sending Messages, But Wat Kind And To Whom?, Leslie Joan Harris

Utah Law Review

Finally, parental responsibility laws define youth crime as a private problem born of familial failure rather than behavior that, at low levels, is a usual part of the maturation process and, at higher levels, may call for collective efforts to engage teenagers in positive ways, including helping parents in difficult situations. The laws provide politicians with a cheap and easy way of avoiding meaningful efforts to address significant social issues.

A Simplified Introduction To Legal Argument, Lee E. Teitelbaum, Wayne Mccormack

Utah Law Review

Constitutional law, therefore, makes frequent explicit use of techniques that are more often implicit in most areas of law. The basic process of reasoning, however, remains the same. And the debate over positivism, the degree to which judges can and should make new law, is really the same; it just has more vigor in constitutional law because of the visibility of its operation.

Family History And Family Law, Lee E. Teitelbaum

Utah Law Review

In The Dream, Wilhem Dilthey sought to describe his consciousness of life and history. After an evening of conversation, his sleep was visited by philosophers of every persuasion: materialists, positivists, Christians, mathematicians, and romantics.

Spousal Rights Or Spousal Crimes: Where And When Are The Lines To Be Drawn?, John M. Leventhal

Utah Law Review

The law governing spousal relationships has been unequal historically. Under the common law, a husband could not be convicted of beating his wife. The man was the master of his house and his wife was unable to own her own property or enter into contracts without the husband's permission. Although women were later permitted to own property individually or jointly with their husbands, through the application of the principle of legal unity between husband and wife and the accompanying legal rights of the husband in the property of the wife, spouses were unable to commit crimes against one another's property.

Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson

Utah Law Review

In the United States, the law governing the allocation and use of water resources-"water law"-is primarily state law. The states, particularly in the West,! have jealously guarded their water allocation authority against real or imagined federal interference, and the federal government has largely (though not entirely) let them make their own decisions regarding water rights. These are true statements, widely or even universally accepted. If asked to explain them, however, many students of water law would surely offer a broader statement about the federalism of water-that is, that the federal government has consistently deferred to the states in matters relating …

"Peoples Distinct From Others": The Making Of Modem Indian Law, Charles Wilkinson

Utah Law Review

The story of how tribes have taken back their reservations, and through sovereign self-rule restored democracy and improved the lives of their people, is surprising, both in the means and the magnitude, and it cuts against preconceptions and stereotypes. Overwhelmingly, the central thrust has been the work of Indian people. People in the agencies, courts, and Congress were not sitting around wondering how they could benefit Indians. The tribes themselves initiated litigation or invited it by assertions of tribal sovereignty and jurisdiction and hunting, fishing, water, land and cultural rights. They themselves brought forth the legislative proposals. They constructed the …

Political Education: An Analysis Of The Policy And Politics Behind Utah's Opposition To No Child Left Behind, Justin Atwater

Utah Law Review

Today, e-mail is a part of the average person's everyday life. Despite their widespread use, legislatures and courts have not needed to deal in great detail with the disposition and ownership of personal e-mail accounts. This is attributable, in part, to the novelty of e-mail, but is more likely the result of the lag between the advent of e-mail and the death of those that most often use it. With the number of e-mail users increasing, the number of people who die owning e-mail accounts will also increase. As such, the question of what happens to personal e-mail at death …

Trademark For Creating A Kid-Friendly Cyberplayground On The Internet, Richard Whitney Johnson

Utah Law Review

There is a growing problem of pornography on the Internet and a mounting risk that children will be more frequently exposed to harmful material. Congress feels that society has an interest in doing something to protect children, but has struggled with the problem for ten years and, primarily due to First Amendment constraints, has yet to legislate an effective solution. It is time for Congress to explore some of the alternatives to direct legislation. Congress and society should reexamine the possibility of self regulation of the Internet. Trademark law creates the necessary incentives for widespread adoption of a system of …