Law Commons^™

Constructing 'Health', Defining 'Choice': Legal And Policy Perspetives On The Post-Pgd Embryo In Four Jurisdictions, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker

Articles & Book Chapters

Through Preimplantation Genetic Diagnosis, embryos created by IVF are selected for transfer to a woman based on particular characterisations, including the presence of genetic markers or a tissue match for a sibling. In this paper we examine the precise language used in the recent policy and regulatory documents of four jurisdictions (the United Kingdom, Australia, Canada and New Zealand) that in any way characterises the post-PGD embryo. We then explore the mutually constructed relationship between how that embryo is characterised and the purposes for which PGD is applied, as well as the types of uses to which the post-PGD embryo …

Concealment Of Information In Consumer Transactions In The U.S., Sweden, And China: A Window To The Relationship Between Individualism And Regulation, M. Neil Browne, Justin Rex, Curtis Bunner

Economics Faculty Publications

No abstract provided.

Deductions In A Proposed Calculation And Allocation Of Distributable Net Income To The Separate Shares Of A Trust Or Estate, Michael T. Yu

Faculty Scholarship

This article examines the treatment of certain deductions1" in the separate share regulations and discusses how the separate share regulations arguably provide two methods for calculating distributable net income (DNI) to be used in coordinating the income taxation of a trust or estate with separate shares and of the beneficiaries of such trust or estate. Specifically, this article analyzes how the two methods address the income taxation of a trust or estate with two separate shares in which one separate share has a net loss as to at least one type of income. Such loss, pursuant to the separate share …

Reach-Through Claims For Drug Target Patents, Robert A. Bohrer

Faculty Scholarship

Recognizing the value of the discovery and validation of new pharmaceutical targets would be a major step forward for pharmaceutical policy

The Generative Structure Of Aboriginal Rights, Brian Slattery

Articles & Book Chapters

Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to "existing aboriginal and treaty rights". In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with …

Ralph L. Daniels V. Gamma West Brachytherapy, L.L.C., John K. Hayes, M.D. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from hu > Verdict and Final Order from the i hird Distnrt Cnnri Ssilt Lake County, State of Utah, Judge Robin VV. Reest

Wendy Gudmundson, Kay Gudmundson V. Del Ozone, Ozonesolutions, L.C. Johnson Controls, Inc., John And Jane Does 1-10 : Reply Brief Of Amicu Curiae, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Amicus Curiae Utah Association for Justice

Tina Archuleta V. St. Marks's Hospital : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Utah Supreme Court Case No.: 20080580-SC Trial Court No.: 070911953 REPLY BRIEF OF APPELLANT APPEAL FROM A DECISION OF THE THIRD JUDICIAL DISTRICT COURT HONORABLE PAT BRIAN.

The State Of Utah V. Jose Baltarcar Roybal : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

THIS APPEAL IS FROM A CONDITIONAL PLEA AND SUBSEQUENT SENTENCING TO ONE COUNT OF DUI, A THIRD DEGREE FELONY AND WAS SENTENCED TO FORMAL PROBATION FOR THIRTY-SIX MONTHS, IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE PARLEY R. BALDWIN PRESIDING.

Duress, Demanding Heroism, And Proportionality, Luis E. Chiesa

Vanderbilt Journal of Transnational Law

This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion.

After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as …

Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner

Vanderbilt Journal of Transnational Law

This Article explores the concept of "indigenous sovereignty" against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of "terra nullius" and "uti possidetis." The next Part delineates the global indigenous renascence occurring since the 1970s and the resulting state practice that has led to treaties and to the development of customary international law in the field. The Article proceeds to analyze the scope and legal effect of the …

Regulating Reproduction, Marsha Garrison

Faculty Scholarship

No abstract provided.

Corruption In Education: A Global Legal Challenge, Vincent R. Johnson

Santa Clara Law Review

No abstract provided.

Federalism And The State Recognition Of Native American Tribes: A Survey Of State-Recognized Tribes And State Recognition Processes Across The United States, Alexa Koenig, Jonathan Stein

Santa Clara Law Review

No abstract provided.

Changing Welfare As We Know It One More Time: Assuring Basic Skills And Postsecondary Education Access For Tanf Recipients, Janice Y. Law

Santa Clara Law Review

No abstract provided.

California Tax Collection: Time For Reform, Daniel L. Simmons

Santa Clara Law Review

No abstract provided.

The Online Gambling Wager: Domestic And International Implications Of The Unlawful Internet Gambling Enforcement Act Of 2006, Mattia V. Corsiglia Murawski

Santa Clara Law Review

No abstract provided.

Full Disclosure: An Alternative To Litigation, Rebecca Rubel-Sieder

Santa Clara Law Review

No abstract provided.

Campus Crusade For Christ V. Metropolitan Water District, Nathan Hall

Santa Clara Law Review

No abstract provided.

Breaking Away From The Prayer Police: Why The First Amendment Permits Sectarian Legislative Prayer And Demands A Practice Focused Analysis, Robert Luther, David B. Caddell

Santa Clara Law Review

No abstract provided.

The Nba's Age Requirement Shoots And Misses: How The Non-Statutory Exemption Produces Inequitable Results For High School Basketball, Brian Shaffer

Santa Clara Law Review

No abstract provided.

From The Proxy To The Principal: Disappointments In California's Education Finance Policy And The Benefits Of A Human Rights Approach, Elizabeth Cairns

Santa Clara Law Review

No abstract provided.

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review, Nancy D. Polikoff

Santa Clara Law Review

No abstract provided.

Open Adoption, Inheritance, And The Uncleing Principle, E. Gary Spitko

Santa Clara Law Review

No abstract provided.

Taxing Families Fairly, Patricia A. Cain

Santa Clara Law Review

No abstract provided.

Same-Sex Couples: Their Rights As Parents, And Their Children's Rights As Children, Kathy T. Graham

Santa Clara Law Review

No abstract provided.

Controlling The Cat's Paw: Circuit Split Concerning The Level Of Control A Biased Subordinate Must Exert Over The Formal Decisionmaker's Choice To Terminate, Taran S. Kaler

Santa Clara Law Review

No abstract provided.

Rbst, It Does A Body Good: Rbst Labeling And The Federal Denial Of Consumers' Right To Know, Christina Cusimano

Santa Clara Law Review

No abstract provided.

Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne

St. Mary's Law Journal

Abstract Forthcoming.