Law Commons^™

Mind, Brain And The Law, Atahualpa Fernandez

ExpressO

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

International Law And The 2003 Campaign Against Iraq, Nicholas Rostow

International Law Studies

No abstract provided.

Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick

Human Rights & Human Welfare

© Peter Fitzpatrick. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan

Law and Contemporary Problems

Kaplan discusses the limitations of human behavioral genetics studies, highlighting the research limitations inherent in studying humans and the narrow policy and legal applicability of results arising from behavioral genetics studies.

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone

Faculty Publications

No abstract provided.

Keep These Branches Untangled, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Reproductive Cloning Case:How Law And Bioethics Measure A Compelling Governmental Interest, Paulo Farias

ExpressO

Law and Bioethics should be partners in developing public policies to deal with cloning. Law as a Government tool must enforce decisions made in Bioethics Commissions such as the NBAC and the President’s Council, because the Commissions’ discussions offer an array of principles to help legislators and policy makers understand how to find compelling governmental interests. For instance, human dignity is not a vague and obscure legal or bioethical concept. In truth, it is a way of connecting Law and Bioethics to answer questions such as the relationship between the legal protection of procreation and the Report of the President’s …

"When You Come To A Fork In The Road, Take It," And Other Sage Advice For First-Time Law School Exam Takers, Patrick Wiseman

Georgia State University Law Review

No abstract provided.

Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne

University of Richmond Law Review

No abstract provided.

Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs

Faculty Scholarship

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarfs disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …

Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

The Miami Declaration Of Principles On Human Trafficking: Its Genesis And Purpose, Roza Pati

Intercultural Human Rights Law Review

"The Miami Declaration of Principles on Human Trafficking: its Genesis and Purpose" by Roza Pati, Executive Director of the St. Thomas University School of Law Graduate Program in Intercultural Human Rights.

The Next Step In The Fight Against Human Trafficking: Outlawing The Trade In Slave-Made Goods, Kevin Bales, Becky Cornell

Intercultural Human Rights Law Review

Historian Sir Lewis Namier once remarked that people tend to "imagine the past and remember the future" when conceptualizing historical periods and events.' Author William M. Wiecek applied this Namierism to the fierce debate over slavery in America in the late 1800s when he wrote, "[w]hen they thought and wrote about some historical problem, such as the framers' actual intentions, abolitionists (and defenders of slavery, too) imagined the past in terms of their wishful thinking. When they tried to decry and influence the future, they 'remembered' it along synthetic lines sketched by their historical imagining." Today, the philosophical debate over …

Trafficking Into Prostitution In India And The Indian Judiciary, Kumar Regmi

Intercultural Human Rights Law Review

India, one of the largest democracies in the world, has constitutionally prohibited traffic in human beings and has enshrined the right to be free from exploitation as a fundamental right of every person. India also was one of the earliest parties to the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, and it claims to have implemented this treaty within its domestic legal system through the Suppression of Immoral Traffic in Women and Girls Act (hereinafter "SITA") of 1956, subsequently amended and renamed the Immoral Traffic (Prevention) Act (hereinafter …

Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp

Saint Louis University Public Law Review

No abstract provided.

The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook

Scholarly Works

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 18, Issue 3, Spring 2006.

Legal Writing Programs And Professionalism: Legal Writing Professors Can Join The Academic Club, James M. Boland

St. Thomas Law Review

Sociological jurisprudence has been a major factor in legal interpretive schemes for over a century, but this has not been reflected in most legal writing programs. These programs must produce legal writers who not only are competent writers, but are also competent legal theorists who know the difference between classical rule-based reasoning and modem interpretive methods. Concomitantly, legal writing professors must produce scholarship that reflects the diversity of these more complex schemes, rather than just writing about writing. This article will first describe the current condition of legal writing programs, and then suggest changes that more thoroughly introduce students to …

I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign Policy Vis-A-Vis The United States, Eric Engle

St. Thomas Law Review

The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.

An Overview Of Post-Disaster Fraud, Fredric A. Kerstein

St. Thomas Law Review

Ladies and Gentlemen, good afternoon. I wish to thank you and tell you how much I appreciate this opportunity to speak with you today. I have been asked to provide an overview of "Post-Disaster Fraud" from the perspective of local law enforcement: the who, what, when and why. I will be discussing the types of fraud, what to expect as a result of the disaster, and how local law enforcement can respond. You may be asking yourselves why I have been asked to address you on this topic. Let me provide you some personal background. I am an Assistant State …

Coastal Kingdom, A New Vehicle For Teaching Property: How I Became Queen For More Than A Day, Ann R. Shorstein

St. Thomas Law Review

The creation of Coastal Kingdom, as described in the following sections, is my attempt to maximize the limited time that the students spend in a first year survey course by emphasizing infusion and rigor.

Foreword - Employer-Sponsored Health Care Plans Symposium, Elizabeth A. Pendo

St. Thomas Law Review

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 19, Issue 2, Winter 2006.

Untangling The Legal Paradigm Of Indefinite Detention: Security, Liberty And False Dichotomy In The Aftermath Of 9/11, Saby Ghoshray

St. Thomas Law Review

While exploring the full scope of the governmental abuse of power since 9/11 in the first thread, I restrict my examination to a narrow scope of indefinite detention and explore whether the heightened need for security necessarily gives rise to abuses of power. This is especially important, as the fundamental rights to liberty of some individuals could be subject to a much stricter interpretation of the governing legal principles. This inquiry runs parallel to my analysis as to whether the heightened security need post-9/11 created new constitutional grounds to mask the fundamental right to liberty. The second thread of this …

What Is Johnny Doing In The Library - Libraries, The U.S.A. Patriot Act, And Its Amendments, Karl T. Gruben

St. Thomas Law Review

A cornerstone of democracy in the United States is the freedom to think whatever we wish to think. Actions, of course, are a different matter, but any thought that can be thought is just fine: under the First Amendment we may not be prosecuted for what we are thinking. The First Amendment guarantees several other freedoms, among them the freedoms of speech and association. To enjoy the freedom of thought to which we are constitutionally entitled we must be able freely to explore the world of ideas to cultivate thoughts and other, possibly new, ideas. Reading and communicating with others …

The Diminishing Prospects For Legal Immigration: Clinton Through Bush, Donald S. Dobkin

St. Thomas Law Review

This article attempts to provide a thumbnail sketch of the major changes in immigration law and the political underpinnings attendant thereto in both the Clinton and Bush administrations. Having witnessed and felt these changes on a professional level, there remains little doubt in my own mind that the prospects for legal immigration since the mid 1990's have been diminished substantially.

Avoiding Deportation By Vacating State Court Convictions, Robert G. Amsel

St. Thomas Law Review

It was tax season and Jim was working overtime again. As an accountant for the last eighteen years, Jim was used to this sort of thing this time of year. As he got into his car, after putting in a thirteen hour day, all Jim could think of was getting home to see his wife and three young children and climbing into bed for some much needed sleep. Unfortunately, Jim never made it home. In fact, he would never experience another day of freedom in this country.

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.