Law Commons^™

The System Worked: Our Schizophrenic Stance On Welfare, Robert L. Tsai

Faculty Scholarship

This is a review of Steven M. Teles's book, Whose Welfare? AFDC and Elite Politics (University Press of Kansas, 1996), which argues that welfare policy reflects a dynamic of elite dissensus, in which public policy fails to reflect popular opinion. I make two central points in the review: first, there are reasons to believe that welfare policy does, in fact, reflect a deeply conflicted American electorate; and second, such a conflict may reveal a healthy deliberative order struggling to reconcile changing priorities with enduring values.

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

More Glass Ceilings Than Open Doors: Women As Outsiders In The Legal Profession, Eve B. Burton

Fordham Law Review

No abstract provided.

Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald

Fordham Law Review

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

Feminism, Law, And Bioethics, Karen H. Rothenberg

Faculty Scholarship

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

Animals As Property, Gary L. Francione

Animal Law Review

No abstract provided.

Between The Flood And The Rainbow: Our Covenant To Protect The Whole Of Creation, Bruce Babbitt

Animal Law Review

As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act may be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolf's green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.

Screening Water Diversions For Fish Protection: A Survey Of Policy, Practices, And Compliance In The Pacific Northwest, James D. Crammond

Animal Law Review

Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift, full compliance in 1996 is problematic. Greater incentives and enforcement are …

Reconciling Polar Bear Protection Under United States Laws And The International Agreement For The Conservation Of Polar Bears, Donald C. Baur

Animal Law Review

Mr. Baur outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. Mr. Baur points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Beyond The Law: Agribusiness And The Systemic Abuse Of Animals Raised For Food Or Food Production, David J. Wolfson

Animal Law Review

Animals raised for food or food production in the United States are, in large part, excluded from legal protection against cruelty. This article describes the minimal state and federal laws relating to such animals and documents numerous recent amendments to state anticruelty statutes that have placed the definition of cruelty to farm animals in the hands of the farming community. Mr. Wolfson argues that these amendments contradict the historical purpose of anticruelty statutes originally enacted to protect farm animals. The article also contrasts this regressive legal development with progressive European legislation. Finally, Mr. Wolfson outlines a path for reform.

Symposium: Perspectives On Domestic And Captive Animals

Animal Law Review

On September 23, 1995, the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College held a symposium on issues affecting domestic and captive animals. Matters such as factory farming, animal litigation, animal welfare laws, bioethics and anticruelty legislation were discussed. Participants in the symposium included attorneys, biologists, veterinarians and professors of law. The following articles are adapted from the remarks presented at the symposium.

Some Thoughts On Animal Experimentation, David Favre

Animal Law Review

No abstract provided.

Principles Of Animal Research: Replacement, Reduction, Refinement, And Responsibility, Bryan D. Ogden

Animal Law Review

No abstract provided.

Biological Continuity And Great Ape Rights, Mark A. Krause

Animal Law Review

No abstract provided.

Bioethics And Animal Experimentation, Arthur B. Lafrance

Animal Law Review

No abstract provided.

Legal Rights For Nonhuman Animals: The Case For Chimpanzees And Bonobos, Steven M. Wise

Animal Law Review

No abstract provided.

Effective Voir Dire In Animal Cases, Larry Weiss

Animal Law Review

No abstract provided.

Animal Cruelty Legislation: The Pasado Law And Its Legacy, Steve Ann Chambers

Animal Law Review

No abstract provided.

The Kittles Case And Its Aftermath, Joshua Marquis

Animal Law Review

No abstract provided.

The Oregon Bear And Cougar Initiative: A Look At The Initiative Process, Nancy Perry

Animal Law Review

No abstract provided.

The Injustice Of Animal Welfare: A Review Of Animals, Property, And The Law, Priscilla N. Cohn

Animal Law Review

No abstract provided.

A Dangerously Misleading Case For Extinction: A Review Of Noah's Choice: The Future Of Endangered Species, Shennie Patel

Animal Law Review

No abstract provided.

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Caudill V. Consolidation Coal Company, Penny White

Scholarly Works

No abstract provided.

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.

Designing A "System For Idiots": An Analysis Of The Impracticality Of Davis V. United States On Ambiguous Waivers Of The Right To The Presence Of Counsel, William G. Worobec

Northern Illinois University Law Review

This article explains the United States Supreme Court holding that police, upon a suspect's equivocal reference to their Fifth Amendment right to the presence of counsel during interrogation, are no longer required to clarify the suspect's true intent. The author contends the majority was erroneous in holding equivocal waivers to be equivalent to clear waivers, and that the decision could not be reconciled with Miranda and its progeny. The Court has impermissibly placed the burden of a mastery of the law on the less knowledgeable suspect, and consideration need be given to existing lower court proposals, or a modification thereof …