Social and Behavioral Sciences Commons^™

Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The conservation of imperiled wildlife species, a fundamental objective of the Endangered Species Act ("ESA"), conflicts, at times, with the United States' responsibilities to promote American Indian rights to govern and develop reservation lands and resources. Critical habitat designation in Indian Country poses a near irreconcilable conflict. Designation effectively "zones" areas within Indian Country for the benefit of a single listed species in accordance with federal -- not tribal -- prerogatives. As such, designation is a direct affront to tribal sovereignty. Designation can severely restrict a tribe's ability not only to govern, but also to conserve and utilize its land, …

Food Safety Regulations - Cross-Border Implications - A U.S. Perspective, Matthew Schaefer

Nebraska College of Law: Faculty Publications

The United States and Canada are largely in agreement on food safety regulation issues. So, let me set up the debate between several parties not in the room. The debate at the time the Sanitary & Phytosanitary (SPS) Agreement was concluded was between the Office of the United States Trade Representative (USTR) and some consumer advocates, like Ralph Nader, and expresidential candidates, like Pat Buchanan. The claim by the USTR was that the SPS Agreement would allow an increase in trade by eliminating protectionist barriers under the guise of food safety standards while still allowing the United States to maintain …

The "Grey Areas" And "Yellow Zones" Of Split Sovereignty Exposed By Globalization: Choosing Among Strategies Of Avoidance, Cooperation, And Intrusion To Escape An Era Of Misguided "New Federalism", Matthew Schaefer

Nebraska College of Law: Faculty Publications

Numerous commentators claim that globalization is injuring U.S. federalism. However, it is the strategies that governments in the United States are pursuing in response to globalization that are diminishing the values of federalism rather than any aspect of globalization itself.

The analysis and critique of the U.S. federal and state government strategies reveal that the United States is in danger of adopting a misguided notion of "new federalism." The strategies pursued by the governments in the United States preserve and promote the autonomy of states in a manner that allows for policies creating negative externalities, beggar-thy-neighbor policies, and other sub-optimal …

Hipaa And Its Related Legislation: A New Role For Erisa In The Regulation Of Private Health Care Plans?, Colleen E. Medill

Nebraska College of Law: Faculty Publications

The enactment of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its related legislation, the Newborns' and Mothers' Health Protection Act of 1996 (NMHPA) and the Mental Health Parity Act of 1996 (MHPA) (hereinafter collectively referred to as "HIPAA and its related legislation") signals a possible new role for the Employee Retirement Income Security Act of 1974 (ERISA), the federal law governing private health care plans. HIPAA and its related legislation represent a broadening, in the private health care context, of ERISA's Title I protective provisions from disclosure and fiduciary administration requirements to substantive benefit and coverage …

The Sec's New Regulation Ce Exemption: Federal-State Coordination Run Rampant, C. Steven Bradford

Nebraska College of Law: Faculty Publications

The Securities and Exchange Commission ("SEC") recently adopted a novel exemption from the registration requirements of the Securities Act of 1933. This new exemption, Regulation CE, contains a single rule, Rule 1001, that exempts from registration "[o]ffers and sales of securities that satisfy the conditions of paragraph (n) of Sec. 25102 of the California Corporations Code ...." California section 25102(n), in turn, exempts offerings to "qualified purchasers" and includes a "test-the- waters" provision that allows issuers to solicit purchasers in writing, even if non-qualified investors receive the solicitation.

Regulation CE is part of the SEC's continuing effort to ease the …

Integrating Restorative Justice And Therapeutic Jurisprudence, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Thomas Scheff describes and endorses community conferences intended to develop dispositions of some criminal cases that promote individual and community interests in a manner consistent with Restorative Justice (RJ). He suggests that the research program known as Therapeutic Jurisprudence (TJ) might provide a useful structure for RJ, but he does not provide detailed discussion of the proposed integration of RJ and TJ. This comment clarifies and examines some potentially interesting aspects of such an integration. Section II sketches some central features of TJ and of RJ, and section III considers potential applications of the former to the latter.

Methylenetetrahydrofolate Reductase And Methionine Synthase: Biochemistry And Molecular Biology, R. G. Matthews, Christal A. Sheppard, C. Goulding

Nebraska College of Law: Faculty Publications

Methylenetetrahydrofolate reductase and cobalamin-dependent methionine synthase catalyze the penultimate and ultimate steps in the biosynthesis of methionine in prokaryotes, and are required for the regeneration of the methyl group of methionine in mammals. Defects in either of these enzymes can lead to hyperhomocysteinemia. The sequences of the human methylenetetrahydrofolate reductase and methionine synthase are now known, and show clear homology with their bacterial analogues. Mutations in both enzymes that are known to occur in humans and to be associated with hyperhomocysteinemia affect residues that are conserved in the bacterial enzymes. Structure/function studies on the bacterial proteins, summarized in this review, …

From Loving To Romer: Homosexual Marriage And Moral Discernment, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The dual-gender marriage requirement does not treat men and women unequally. Instead, it recognizes and celebrates the physical differences between men and women and their obvious sexual complementarity. Traditional marriage laws do not discriminate on the basis of gender; rather, they recognize the equal indispensability of both genders to the institution of marriage. The dual-gender requirement, like the decision in Loving, is animated by a moral sense that discerns the true nature of marriage. As Justice Ginsburg put it so well, most people understand that the two sexes are not fungible and that dual-gender marriages and same-sex unions are …

"They Call Me 'Eight Eyes'": Hardwick'S Respectability, Romer'S Narrowness, And Same-Sex Marriage, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Justice White's landmark opinion in Hardwick has survived both the test of time and the many slings and arrows of outraged scholarship launched at it by law professors who believe the Constitution should be interpreted as codifying the Kama Sutra. The eminent respectability and rightness of Justice White's methodology and reasoning in Hardwick was completely vindicated in Glucksberg, the Supreme Court's latest--and one of its most significant--decisions on the meaning of fundamental rights protected by substantive due process.

In Glucksberg, the Supreme Court reaffirmed an objective historical methodology based upon a careful and precise description of the asserted liberty …