Law Commons^™

What's So Strange About Human Cloning, Radhika Rao

UC Law Journal

In this Essay, Professor Radhika Rao, explores three reasons for the popular repugnance toward human cloning and their consequences for the question whether or not there is a constitutional right to clone a human being. She argues that, although the impulse to ban human cloning may stem from the wrong reasons, human cloning may still be banned for the right reasons.

Public Policy Crafted In Response To Public Ignorance Is Bad Public Policy, Lee Silver

UC Law Journal

No abstract provided.

Seeing Double: The Ethics Of Human Cloning, Margaret R. Mclean

UC Law Journal

No abstract provided.

Is There A Constitutional Right To Clone, Cass R. Sunstein

UC Law Journal

Recent scientific innovations, and proposed legislation have raised - questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional "right to clone." This Essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important …

Cloning, Science And Public Policy, Deborah Ortiz

UC Law Journal

No abstract provided.

Cloning And Federalism, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

Cloning And Government Regulation, Hank Greely

UC Law Journal

No abstract provided.

The Role Of A Supreme Court In A Democracy, Aharon Barak

UC Law Journal

The President of the Supreme Court of Israel, in his 2001 Justice Matthew 0. Tobriner Memorial Lecture, presents his reflections on the inevitable judicial lawmaking on part of the courts of last resort. According to President Barak, the weighing and balancing of conflicting values in such lawmaking should be a rational process, and objective, in the sense of reflecting deep values of the society. Every judicial decision should, moreover, fit the tradition of the legal system, as well as the general structure of the institutional-governmental systems of the society. Finally, President Barak calls on judges to be open-minded and aware …

Human Cloning: Myths, Medical Benefits And Constitutional Rights, Mark D. Eibert

UC Law Journal

No abstract provided.

Cloning And Commodification, Margaret Jane Radin

UC Law Journal

No abstract provided.

Mandating Effective Treatment For Drug Offenders, Lisa Rosenblum

UC Law Journal

Drug offense recidivism continues to plague our overburdened criminal justice system. Increases in sentencing and incarceration rates have done little to mitigate the problem. Given the unique nature of chemical addiction, traditional penal measures have been ineffective in deterring repeat offenders. Noting the failure of incarceration, this Note proposes that treatment and rehabilitation of drug offenders are more appropriate means of reducing illegal drug use. More specifically, this Note considers as models Arizona and California Acts that mandate substituting court-supervised drug treatment and education programs for incarceration. In advancing the rehabilitative ideal, these Acts have been more successful than previous …

Durational Residency Requirements For In-State Tuition: Searching For Access To Affordable Higher Learning, Lawrence J. Conlan

UC Law Journal

With the annual costs of earning a college degree in the United States swelling, the relative lower cost of a public education is precious. State residents save thousands of dollars a year by enrolling at a public university in their home state. On the other hand, non-residents, even those who wish to become residents, must pay inflated "out-of-state" prices, while receiving the same education. While non-residents may eventually gain the benefits of residency, including reduced tuition rates, the cost differential until then is often substantial. In California, depending on a student's individual taxpayer status, an out-of-state student may never gain …

Due Process, Rule 23, And Hybrid Classes: A Practical Solution, Robert M. Brava-Partain

UC Law Journal

Courts and litigants alike face unique challenges when confronted with a class seeking both legal and equitable relief, a so-called hybrid class. Typically, these types of classes raise Due Process, Seventh Amendment and rule-based concerns that are not easily managed. The Supreme Court has declined to decide the issue directly and Circuit Court cases have been less than consistent. The author pieces together the various ways that courts have dealt with hybrid classes and proposes an approach that will meet the needs of both litigants and judges.

Outdoor Accessibility Requirements Of The Americans With Disabilities Act: Must Holders Of Conservation Easements Provide Ada Access?, Ellen Aubrey Fred

UC Law Journal

Conservation easements offer a unique way to preserve land in perpetuity while at the same time providing tax benefits to the landowner. Prior to the 1970s' Congressional enactment of the tax provision in question, one could not obtain a federal income tax deduction for a donation to a nonprofit organization of less than one's entire interest in real property. Internal Revenue Code section 170(h) modified that outcome by allowing a federal income tax deduction for a donation of a qualified conservation easement, and in its wake, a highly specialized movement was born. A landowner can now donate a partial interest …

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum

Articles by Maurer Faculty

This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Court's Exercise Of Plenary Power: Rewriting The Two-Row Wampum, Gordon Christie

All Faculty Publications

This paper focuses on the Supreme Court of Canada's decision in Mitchell v. M.N.R., [2001] S.C.R. 911, as an illustration of what is wrong in contemporary jurisprudence on Aboriginal rights. The concurring judgment of Binnie J. is discussed as a potential preview to the Court's approach to claims of Aboriginal self-determiniation. This paper digs into the ruins of Aboriginal law, to make sense of the doctrine of sovereign incompatibility, to come to some sense of how the field of Aboriginal law has come to trap Aboriginal peoples. The paper closes with suggestions about how Aboriginal rights might be resurrected from …

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Faculty Publications

No abstract provided.

Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli

Scholarly Works

There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific …

The Economics Of Private Law Harmonization, John Linarelli

Scholarly Works

No abstract provided.

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Scholarly Works

No abstract provided.

A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine

Scholarly Works

In Volumes VII and VIII of A Restatement of Rabbinic Civil Law, Rabbi Emanuel Quint follows admirably in the path of Maimonides and Rabbi Caro. Building on and updating the work of these and countless other legal scholars, Rabbi Quint offers a comprehensive and scholarly yet comprehensible and practical description of the law in a wide variety of subjects, including sales, gifts and gifts causa mortis, wills and estates, lost property, and bailments. The deceptive simplicity of Rabbi Quint's finished product, however, should not obscure the inherent difficulty of the ambitious task he has undertaken: an attempt to present a …

Legal And Business Perspectives On Small Business Start-Ups: A Selective, Annotated Bibliography, April L. Schwartz

Scholarly Works

No abstract provided.

The Canyon Of Doubt: John William Corrington's The Risi's Wife, Louise Harmon

Scholarly Works

No abstract provided.