Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 9 of 9
Full-Text Articles in Law
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
Articles
No abstract provided.
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
Articles
The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry
Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry
Articles
This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
Articles
Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
Articles
Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Articles
This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.
Furthermore, this Article reviews the legislative history and the impact …
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Articles
I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …