Law Commons^™

Managing Space To Manage Growth, Daniel R. Mandelker

William & Mary Environmental Law and Policy Review

No abstract provided.

"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr

William & Mary Environmental Law and Policy Review

No abstract provided.

Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann

William & Mary Environmental Law and Policy Review

No abstract provided.

Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt

William & Mary Environmental Law and Policy Review

No abstract provided.

Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-69

Appeal No. 0663: Halwell Company, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-20

Legal Relief From Spam-Induced Internet Indigestion, Jeffrey L. Kosiba

University of Dayton Law Review

No abstract provided.

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow

Cardozo Journal of International and Comparative Law

The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …

Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• The Four Deans
• Rex E. Lee
• Carl S. Hawkins
• Bruce C. Hafen
• H. Reese Hansen
• Gettysburg (Matthew Kennington)
• High Crimes and Misdemeanors? (Thomas R. Lee)

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 7, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Violence Against Women In The International Community - Introduction, Maria Lugones

Cardozo Journal of International and Comparative Law

The article argues that violence against women is not a monolithic phenomenon but rather a diverse set of practices deeply embedded in social, political, and cultural contexts. It critiques the tendency to homogenize these practices and emphasizes the need to understand their specific aims, norms, and techniques to develop effective solutions. The analysis highlights how violence against women is constitutive of broader social organizations and structures, requiring a nuanced approach that goes beyond framing it solely as a human rights violation.

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

The Right To Her Embryos: An Analysis Of Nahmani V. Nahmani And Its Impact On Israeli In Vitro Fertilization Law, Janie Chen

Cardozo Journal of International and Comparative Law

The note examines the landmark 1996 Israeli Supreme Court decision in Nahmani v. Nahmani, which ruled that a woman’s right to parenthood outweighs her estranged husband’s objections to fatherhood in the context of frozen embryos created through IVF. The Court established a three-prong test to balance conflicting interests, legitimate expectations, and public policy, ultimately prioritizing the woman’s right to motherhood over the man’s right to refuse parenthood. The decision reflects broader tensions between reproductive rights, personal autonomy, and cultural-religious values, particularly the Jewish legal and ethical emphasis on procreation and the sanctity of life.

Treaties In The Mist, Jarred Kassenoff

Cardozo Journal of International and Comparative Law

The note argues that the survival of the mountain gorilla, a critically endangered species with only 300–350 individuals remaining, depends on strengthening international environmental treaties like CITES and addressing broader socio-political and economic factors. While CITES and the African Convention on Conservation provide important frameworks, their effectiveness is hindered by weaknesses such as lack of implementation, inadequate resources, and insufficient enforcement. The note emphasizes the need for treaties to shift from goal-oriented to implementation-oriented approaches, coupled with increased public awareness, political will, and resource allocation, to ensure the species’ survival.

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern

Washington Law Review

Businesses routinely buy and sell personal information about consumers. Many consumers find this objectionable, but relatively few of them opt out of that trade. This Article argues that businesses have both the incentive and the ability to increase consumers' transaction costs in protecting their privacy and that some marketers do in fact inflate those costs. Faced with this and other constraints, many consumers ultimately decide not to protect their privacy. This Article proposes several ways by which consumers' transaction costs can be reduced or eliminated.

What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr

Washington Law Review

In the 1995 case Connell v. Francisco, the Supreme Court of Washington adopted an innovative and groundbreaking rule to resolve the property rights of cohabitants upon separation. After Connell, upon termination of a "meretricious relationship," a trial court must perform a just and equitable distribution of the property acquired during the relationship that would have been community property had the parties been married. In adopting this rule, the supreme court sought to resolve property rights arising out of cohabitation in a predictable and equitable manner while maintaining the distinction between marriage and cohabitation. Unfortunately, the meretricious relationship fiction the …

Interest Or Principles?: The Legal Challenge To Iolta In Washington State, Jay Carlson

Washington Law Review

Interest on Lawyer Trust Accounts (IOLTA) programs exist in all fifty states and raise significant funding for legal services for the poor. A recent series of federal court lawsuits seeks to eliminate IOLTA programs on the grounds that they violate the Fifth and First Amendments to the U.S. Constitution. Washington Legal Foundation v. Legal Foundation of Washington, currently on appeal to the Court of Appeals for the Ninth Circuit, is one such lawsuit challenging Washington State's IOLTA program. In Phillips v. Washington Legal Foundation, a similar case from Texas, the U.S. Supreme Court recently ruled that funds raised …

How Many People Does It Take To Save A Drowning Baby?: A Good Samaritan Statute In Washington State, Sungeeta Jain

Washington Law Review

For the past three years, the Washington legislature has considered a Good Samaritan bill, nicknamed the "Joey Levick Bill," that would impose a duty to summon assistance for those known to be substantially injured. This Comment argues that the bill is minimally intrusive and should be acceptable to autonomous individuals, because it requires a bystander merely to notify the appropriate authorities is if the bystander sees someone who is substantially injured. The bill also addresses the concerns about sinister abuse of the law by criminals feigning injury, by not requiring an individual to attempt a physical rescue. In addition, the …

Priceless Process: Nonnegotiable Features Of Criminal Litigation, Nancy J. King

Vanderbilt Law School Faculty Publications

In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded freely in traditional plea bargains. Devices for classifying nonnegotiable requirements, including the concept of "jurisdictional error," have lost their utility. Clearer rules about which deals are enforceable and which are not would increase certainty in bargaining and reduce disparate treatment of similarly situated defendants. King argues that the interests of third parties or the public may justify restrictions on bargains in criminal procedure, and she traces the stubborn persistence …

Class Of 2002 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2002

Of Counsel, Volume 4 | Fall 1999, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Sexual Orientation And Human Rights In American Religious Discourse, Gerard V. Bradley

Journal Articles

SEXUAL ORIENTATION AND HUMAN RIGHTS IN AMERICAN RELIGIOUS DISCOURSE. Edited by SAUL M. OLYAN and MARTHA C. NUSSBAUM. Oxford University Press. 260 pp. $29.95.

The editors of this volume write that "sexual orientation has become a contested issue of great prominence, the issue of the nineties according to some." To "some" it surely is; most of us place it in the top trio of domestic issues, along with abortion and school choice. Like the latter two issues, sexual orientation (read: homosexuality) is an issue of great concern to religious believers. For that reason the editors fear that "reasoned debate" …

Optimal Timing And Legal Decisionmaking: The Case Of The Liquidation Decision In Bankruptcy, Edward Morrison, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Regulating Network Industries: A Look At Intel, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson

Michigan Law Review

In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …

Cognition And Cost-Benefit Analysis, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell

South Carolina Law Review

No abstract provided.