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Articles 121 - 141 of 141
Full-Text Articles in Law
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Duke Journal of Gender Law & Policy
The wholesale marketing of Black children to suit the economic interests of others was one of the cruelest aspects of slavery. Sons and daughters who were traded away from their parents would later struggle in vain to remember their families, their customs, and their countries of origin. Even the extended families which evolved in the transient slave communities were continually fragmented as children and their caretakers were merchanted to different plantations according to the whims of White slavemasters. 1 Although due to quite different circumstances, today the Black community continues to lose its children. At present, government sponsored entities, 2 …
Second Parent Adoption: A Personal Perspective, Deborah Lashman
Second Parent Adoption: A Personal Perspective, Deborah Lashman
Duke Journal of Gender Law & Policy
No abstract provided.
Second Parent Adoption: A Model Brief, Suzanne Bryant
Second Parent Adoption: A Model Brief, Suzanne Bryant
Duke Journal of Gender Law & Policy
The Liberal Judicial Construction of State Adoption Laws Allows Courts to Grant Second Parent Adoptions to Lesbian and Gay Adults I. Introduction: Second Parent Adoptions A second parent adoption refers to the adoption of a child by his or her legal parent's 1 non-marital partner, without requiring the first partner to give up any parental rights or responsibilities. 2 In second parent adoptions, as in step-parent adoptions, the child is already living in the couple's home and will continue to live there. In both types of adoptions, a non-legal parent has a relationship with the child and wishes to adopt …
Recipe For Reauthorization Of The Endangered Species Act, William J. Snape Iii, Heather L. Weiner
Recipe For Reauthorization Of The Endangered Species Act, William J. Snape Iii, Heather L. Weiner
Duke Environmental Law & Policy Forum
No abstract provided.
Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen
Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen
Duke Environmental Law & Policy Forum
Introduction Present-day island and continental ecosystems began evolving millions of years before the human species appeared. These ecosystems became distinct as they developed in isolation from one another, due to natural barriers between them. Within the last 150 years, however, technology has enabled humanity to easily bridge continents and reach secluded islands. As a result, modern human vectors of transport are introducing exotic species 1 into ecosystems that have evolved autonomously for millions of years. Often, these non-native, immigrant species impact wildlife and ecosystem interactions so severely that they may be thought of as deadly "pollutants." Traditionally, environmental laws have …
Adoption And Aspiration: The Uniform Adoption Act, The Deboer-Schmidt Case, And The American Quest For The Ideal Family, Joan Heifetz Hollinger
Adoption And Aspiration: The Uniform Adoption Act, The Deboer-Schmidt Case, And The American Quest For The Ideal Family, Joan Heifetz Hollinger
Duke Journal of Gender Law & Policy
When the state must designate a child's legal parentage, should the goal be to protect the biological parents' "opportunity interests" to raise "their" child or to protect the child's established relationships with the individuals who have actually functioned as her parents? What characteristics render an adult an appropriate parent? These questions, long in the background of disputes over adoption, have been raised with new intensity in the early 1990s in two distinctive settings. The first is the debate about these questions waged in the courts and the media. The second is the effort of the National Conference of Commissioners on …
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
Duke Journal of Gender Law & Policy
Anyone who knows me, friend or foe, will tell you that one of my great passions in life is children. They represent the best in all of us and our best hope for the future. All my life I have pursued policies to ensure that all children, no matter what the circumstances of their birth, are treasured and nurtured. Whether it is a baby born with AIDS and addicted to crack, or my own wonderful grandchildren, I want to do everything in my power to make sure that every child grows up in a loving, caring, stable, and safe environment. …
Adoption By Lesbian And Gay People: The Use And Mis-Use Of Social Science Research, Marc E. Elovitz
Adoption By Lesbian And Gay People: The Use And Mis-Use Of Social Science Research, Marc E. Elovitz
Duke Journal of Gender Law & Policy
In the past twenty years, openly lesbian and gay people have joined in the evolving national dialogue, within the law and elsewhere, about adoption. This Article considers the adoption dialogue, addressing in particular the facts and beliefs that sometimes form (both by informing and misinforming) the dialogue. Part I of this Article describes the ways in which lesbian and gay people confront adoption's legal structures. Part II discusses the findings of social science research on parenting by lesbian and gay people. Part III reviews and analyzes some of the responses to this research. The Conclusion considers the nature of the …
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
Law and Contemporary Problems
Bullock proposes that victims of war crimes be permitted to recover against the US government through administrative procedures similar to those of the Foreign Claims Act.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Law and Contemporary Problems
Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Law and Contemporary Problems
Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Law and Contemporary Problems
Prado describes the results of a comprehensive study of the federal defender program and concludes that as the federal criminal justice system evolves, the Criminal Justice Act program must adapt to ever-changing conditions.
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Law and Contemporary Problems
No abstract provided.
An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.
An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.
Law and Contemporary Problems
Funding for public defender services is woefully inadequate. Ogletree offers some anecdotal advice for public defenders and those designing public defender services.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle
A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle
Duke Environmental Law & Policy Forum
Introduction In recent years, the potential adverse impacts of transboundary pollution have received heightened attention both domestically and abroad. 1 International pollution may detrimentally affect outer space, the atmosphere, the oceans, the weather, and possibly the climate, freshwater bodies, groundwater aquifers, farmland, cultural heritage, and life forms. 2 Specific pollution threats include acid deposition, nuclear contamination, debris in outer space, stratospheric ozone depletion, and toxic petroleum spills. The Chernobyl nuclear power plant accident, on April 26, 1986, raised the world's consciousness about the potentially devastating effects of transboundary nuclear pollution. 3 Given this backdrop and the emerging interdependence of nations, …
The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio
The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio
Duke Environmental Law & Policy Forum
Introduction Unlike U.S. environmental legislation, which governs different environmental media and was instituted through various congressional Acts, 1 the current Mexican environmental legislation, implemented in 1988, covers the principal environmental media in one law. 2 This one law contains most of the implementation and enforcement mechanisms including the regulation of hazardous substances. There has been much debate and concern on both sides of the United States-Mexican border regarding Mexico's ability to strictly enforce its hazardous substance regulations. Furthermore, the North American Free Trade Agreement, which established an international Commission on Environmental Quality, will influence future use of trade laws to …
C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker
C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker
Duke Environmental Law & Policy Forum
Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of …