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Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox
Faculty Scholarship
I wrote this article because it is important for the legal education community to understand the important leadership that the AALS has provided in lessening the discrimination that sexual minorities encounter in legal education, and to know of the challenges and problems it encountered in making Bylaw 6-4(a) into more than a membership requirement in name only.
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
Faculty Scholarship
The goal of this paper is to analyze and explain the impact of state legislation and funding on the future of stem cell research. Without federal law regulating stem cell research, funding by states and private organizations may spur competition to attract and retain leading scientists and industry in individual states. Alternatively, state-funded stem cell research may incite the federal government to react either positively or negatively to pre-empt state and private action. Traditionally, most support for scientific research comes in the form of grants from the National Institutes of Health (NIH). Due to the practical ban on stem cell …
Martha Graham, Professor Miller And The Work For Hire Doctrine, Nancy Kim
Martha Graham, Professor Miller And The Work For Hire Doctrine, Nancy Kim
Faculty Scholarship
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, I advocate abolishing the all-or-nothing concept of …
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Faculty Scholarship
Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance.