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Luz Estella Nagle, The Situation within Colombia: A Pressure Cooker Spilling Over, ABA Committee of Law and National Security (2001)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Limitations on Assumption and Assignment of Executory Contracts by “Applicable Law”, 31 New Mexico L. Rev. 299 (2001)Clicking on the button will copy the full recommended citation.
11 U.S.C. section 365 considers the treatment of executory contracts in bankruptcy proceedings. Subsection 365(c)(1) prohibits the assumption or assignment of executory contracts when a contractual or legal provision would applicable law excuses a party from accepting third-party performance, while subsection 365(f) allows assignment of an executory contract under certain circumstances regardless of legal or contractual prohibitions on the assignment. This article considers the balance between these sometimes-contradictory subsections of the Bankruptcy Code, and concludes that Congress intended to allow the assumption of executory contracts even if they are not assignable in order to further the objections of reorganization bankruptcy proceedings.
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Judith A.M. Scully, Maternal Mortality, Population Control and the War in Women’s Wombs: A Bioethical Analysis of Quinacrine Sterilizations, 19 Wis. Int'l L.J. 103 (2001)Clicking on the button will copy the full recommended citation.
The drug quinacrine hydrochloride was developed to treat and prevent diseases such as malaria, giardiasis, lupus and rheumatoid arthritis. However, despite not being approved for the use of sterilization by any government agency in the world, quinacrine has been promoted as a low cost, effective, and safe method for sterilizing poor and politically powerless women in developing countries. To date more than 100,000 women in developing countries have already been chemically sterilized with quinacrine. This article provides an historical account on the use of quinacrine as a sterilization agent and examines how three international codes of ethics governing human experimentation have been violated yet, have marginal utility in this case as they are either unenforceable or historically unenforced. Moreover, to shed further light on the nature of the quinacrine campaign, the author discusses how the campaign violates three generally accepted principles of bioethics – autonomy, beneficence/non-maleficence, and distributive justice. The article concludes, that since the quinacrine campaign does not conform to any of these basic bioethical principles, it should be denounced as an unethical and unacceptable medical experiment.
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Ellen S. Podgor, Computer Crime, in Encyclopedia of Crime and Justice (J. Dressler ed., 2nd ed., Macmillan Reference Books, 2001)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and David S. Leibowitz, “Federalism Whether They Want It or Not”: The New Commerce Clause Doctrine and the Future of Federal Civil Rights Legislation after United States v. Morrison, 3 U. Pa. J. Const. L. 926 (2001)Clicking on the button will copy the full recommended citation.
The Supreme Court's decision in United States v. Morrison represents a continuation of the judicial constriction of Congress' Commerce Clause power that began in United States v. Lopez. Rather than simply distinguishing Lopez and Morrison from its more recent decisions, the Lopez and Morrison Courts revisited interpretive approaches to the Commerce Clause that had lain dormant for more than six decades. This Article first considers Lopez and Morrison in light of the Court's interpretive history with the Commerce Clause. An analysis of this history reveals three dominant interpretive themes, and concludes that the Court's decisions in Lopez and Morrison depart markedly from the interpretive approach taken by the Court since the New Deal. The Article goes on to demonstrate how Morrison in particular signals the resurrection of an interpretive methodology that is more rigidly formalistic and designed to promote more broadly the notion of traditional spheres of state autonomy. Having identified this theoretical shift, the Article discusses the potential implications of this re-emerging, formalistic theory of Commerce Clause jurisprudence for federal civil rights legislation through an analysis of recent constitutional challenges to existing environmental laws.
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Ellen S. Podgor and Barry Sullivan, Respect, Responsibility, and the Virtue of Introspection: An Essay on Professionalism in the Law School Environment, 15 Notre Dame J.L. Ethics & Pub. Pol'y 117 (2001)Clicking on the button will copy the full recommended citation.
The point of this essay can be summed up in the following set of propositions: that the cultivation of professional values - certain attitudes and habits of heart that are thought critical to the practice and culture of the profession - is essential to the education of lawyers; that the cultivation of professionalism necessarily entails the nurturing of a sense of professional self-consciousness and constructive introspection, and an attitude of respect and responsibility towards others - what some would call "caring;" that law schools can go a long way towards encouraging their students in the cultivation of these virtues by creating within the law school community an atmosphere that encourages its faculty to interact with students in ways that take seriously the need to teach professionalism, whether by intellectual engagement with these issues, by example, or otherwise; that such interactions necessarily require faculty time, energy, and availability; and that the competing demands placed on law faculty will prevent that attention from being paid to students unless the faculty and administrative leadership within universities and law schools gives appropriate value and recognition to excellence in this aspect of legal education.
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Darryl Wilson, Elder Law Issues in the Basic Real Property Course, 30 Stetson L. Rev. 353 (2001)Clicking on the button will copy the full recommended citation.
The proverbial "graying of America" has given rise to a constant need to re-evaluate many core areas of substantive law to determine the degree to which they are intertwined with legal issues that are of great concern to senior citizens. This article focuses on the aspects of the basic real property course that intersect with the substantive area known as "Elder Law". Elder law is a diverse field that has grown geometrically in recent years as modern medicine continues to extend our life expectancy. Because we are all living longer elder law issues extend beyond mere concerns of property descent and distribution. While it is certainly true that any of us could pass away at any given moment, the elderly understandably think about death more often than others and are therefore more concerned about their property passing to the parties they choose. But as the elderly continue to press forward they are also anxious about their quality of life and the legal implications of having others assist in the daily legal issues surrounding acquisition, maintenance and transfers of property while they still have a strong body and mind.
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Roy Balleste, Could You Translate This Site for Me – Rating the Usefulness of Translation Software Programs for Law Library Web Sites, 5 AALL Spectrum 4 (2001)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Home Field Disadvantage: The Negative Impact of Allowing Home Schoolers to Participate in Mainstream Sports, 3 Virginia Journal of Sports and the Law 1 (2001)Clicking on the button will copy the full recommended citation.
Everyone's heard of the proverbial home field advantage in sports whereby the friendly confines of one's own humble abode provides a competitive edge over the inherent stress of being a member of the visiting team in a hostile environment. This article does not aim to analyze the extent to which the psychological perceptions of the home-field advantage manifest themselves into a positive reality. Instead the issues surrounding a more recent phenomenon are explored wherein progressively larger numbers of students are leaving the traditional school setting in favor of being taught at home. The home-schooler, for whatever reason, has become disassociated from the normal group-teaching mainstream environment offered by the more standard, yet varied educational options and instead receives individualized-educational attention literally within the confines of his or her own dwelling. Despite making the choice to avoid the mainstream scholastically, the home-schoolers argue that they are entitled to take advantage of the extracurricular offerings of the mainstream, including band and other arts programs as well as the right to be a member of the best sports teams whether public, private or parochial.
This article initially reviews the evolution of the home-school movement and the quest of the home-school student to participate in sports. The history is followed by an analysis of the arguments for and against allowing participation, along with administrative and legislative responses. The article then assesses whether more subtle and insidious aspects of student-athlete exploitation are the motivating forces behind the home-schoolers desires or whether these exploitative forces have yet to be considered or whether the mere fact that such exploitation is possible is enough to support a ban on the home-schooler becoming the ultimate athletic free agent of secondary education.
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Ann Piccard, Using Peer Editing to Supplement Feedback, 15 Second Draft 14 (2001)Clicking on the button will copy the full recommended citation.