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

Law Commons

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

Articles 1 - 12 of 12

Full-Text Articles in Law

International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak Nov 1995

International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak

Cornell Law Review

No abstract provided.


Introduction, Herbert A. Johnson Jul 1995

Introduction, Herbert A. Johnson

South Carolina Law Review

No abstract provided.


Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts: Reexamining Compelled Mental Examinations In Sexual Harassment Actions Under The Civil Rights Act Of 1991, Kent D. Streseman May 1995

Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts: Reexamining Compelled Mental Examinations In Sexual Harassment Actions Under The Civil Rights Act Of 1991, Kent D. Streseman

Cornell Law Review

No abstract provided.


When Does The Clock Start Ticking?: Applying The Statute Of Limitations In Asbestos Property Damage Actions , Alex J. Grant Mar 1995

When Does The Clock Start Ticking?: Applying The Statute Of Limitations In Asbestos Property Damage Actions , Alex J. Grant

Cornell Law Review

No abstract provided.


Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer Jan 1995

Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer

Duke Journal of Gender Law & Policy

I. Introduction: Identifying the Controversy The mythology of adoption involves a scenario in which a teenage girl gets pregnant, and neither she nor the father is ready to raise a child. Upon birth, these young parents voluntarily relinquish the baby to an upwardly mobile couple who have been waiting years to adopt. The adoptive parents become, in essence, the birth parents to the baby who grows up happy and well-adjusted. The birth parents vanish from the picture, perhaps eventually marrying and having additional children. No one looks back. But what happens to this myth when the birth mother changes her …


Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe Jan 1995

Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe

Duke Journal of Gender Law & Policy

I. Introduction Transracial adoption is a sensitive topic, evoking acrimonious debate "between those who view transracial placements as positive for both the children and society as a whole and those who view them as injurious to Black children and Black communities." 1 Efforts to declare race-matching preference policies or statutory schemes unconstitutional are intensifying. 2 Some legal writers assert that such a prohibition is needed in order to avoid or minimize harm to Black 3 youngsters in the foster care system. 4 In a re cent law review article analyzing the same-race statutory preference schemes of three states, the commentator …


Second Parent Adoption: A Model Brief, Suzanne Bryant Jan 1995

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 …


Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen Jan 1995

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 …


Supreme Court Issue Introduction Jan 1995

Supreme Court Issue Introduction

Brigham Young University Prelaw Review

In Student Development 198R (Prelaw Seminar) taught by prelaw advisor Eileen Crane, BYU students have the opportunity to study a variety of specialties in law. This one-credit course is designed as a six-semester academic-professional course that covers Constitutional, Environmental, International, Criminal, and Family Law and the Supreme Court. During the first-block (8 week) course, speakers present their professional experiences in the area of law being introduced that semester. This vocational insight is augmented by the use of an academic text which is tested on at the end of the course. Each semester students are required to write a scholarly paper …


The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein Jan 1995

The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein

Touro Law Review

No abstract provided.


C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker Jan 1995

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 …


The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio Jan 1995

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 …