Law Commons^™

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.

Embryo Donation: The Government Adopts A Cause, Jaime E. Conde

William & Mary Journal of Race, Gender, and Social Justice

The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …

Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, William Arthur Wines, Terence J. Lau

William & Mary Journal of Race, Gender, and Social Justice

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …

Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Law, Interpretation, And Ideology: The Renewal Of The Jewish Laws Of War In The State Of Israel, Arye Edrei

Cardozo Law Review

No abstract provided.

The Economic Value Of Securities Regulation, Frank B. Cross, Robert A. Prentice

Cardozo Law Review

No abstract provided.

Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem

Hofstra Law Faculty Scholarship

The purpose of this issue is to promote a dialogue between the family law academic community and stakeholders in the family law system about how future family lawyers should be educated. Family law practice has undergone dramatic change in the last quarter century, perhaps more than any other area of practice. Virtually everything about it has changed—the role of the family court, the procedure for resolving family disputes, the role of the family lawyer, and the substantive law. It is a vibrant and exciting field, with great influence on the lives of families and children.

The family law curriculum in …

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.

The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman

Law and Contemporary Problems

No abstract provided.

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Iii. Plaintiff's Paradise Lost: Diversity Of Citizenship And Amount In Controversy Under The Class Action Fairness Act Of 2005, Cameron Fredman

Loyola of Los Angeles Law Review

No abstract provided.

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Faculty Scholarship

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …

Qur'anic Hermeneutics And Sexual Politics, Asma Barlas

Cardozo Law Review

No abstract provided.

Preemption Or Bust: Fear And Loathing In The Battle Over Broadband, D. Stan O'Loughlin

Cardozo Law Review

No abstract provided.

Cover And Front Matter, Volume 32, Number 1

University of Dayton Law Review

Cover, table of contents and administrative information

Religion And Politics: The Catholic Contribution, James L. Heft S.M.

University of Dayton Law Review

A public lecture given at the University of Dayton Sept. 22, 2006

A Reply To The Editors Of The Michigan Journal Of Race And Law On "Grutter V. Bollinger And Civil Disobedience", Martin D. Carcieri

University of Dayton Law Review

No abstract provided.

Taming The Nature Of The Beast: Why A Reasonable Accommodation For A Perceived Disability Should No Longer Be Considered The Ada's Necessary Evil, Kristin P. Abbinante

University of Dayton Law Review

No abstract provided.

The Evolution And Misinterpretation Of The Establishment Clause: Is Teaching Intelligent Design In Public Schools A Governmental Endorsement Of Religion Prohibited By The First Amendment?, Mark Hilliard

University of Dayton Law Review

No abstract provided.

A Look At What The Cat Dragged In: The Problems Inherent In Ohio's Commercial Activity Tax, April L. Butler

University of Dayton Law Review

No abstract provided.