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Full-Text Articles in Law

The Power Structure: Energy, Politics, And The Public Interest In The Lng Debate, Irma S. Russell Jul 2007

The Power Structure: Energy, Politics, And The Public Interest In The Lng Debate, Irma S. Russell

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No abstract provided.


Self-Incrimination And The European Court Of Human Rights: Procedural Issues In The Enforcement Of The Right To Silence, Mark Berger Jan 2007

Self-Incrimination And The European Court Of Human Rights: Procedural Issues In The Enforcement Of The Right To Silence, Mark Berger

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This article provides an analysis of the procedural aspects of the right to silence falling within Art. 6 of the European Convention on Human Rights. The author examines the jurisprudence of the European Court of Human Rights under the following areas: overview, appearance to answer questions, a demand for documents, false responses, warnings and adverse inferences. The subject is discussed at investigation stage, just prior to and during civil and criminal proceedings. The piece concludes with summaries of the jurisprudence in these varying circumstances.


Is Lilly Written Description Paper Tiger?: Comprehensive Assessment Of The Impact Of Eli Lilly And Its Progeny In The Courts And Pto, Christopher M. Holman Jan 2007

Is Lilly Written Description Paper Tiger?: Comprehensive Assessment Of The Impact Of Eli Lilly And Its Progeny In The Courts And Pto, Christopher M. Holman

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In University of California v. Eli Lilly, decided by the Federal Circuit in 1997, the court established for the first time a new form of patent law's written description requirement, apparently targeted specifically at biotechnology. To this day, the conventional wisdom is that the so-called Lilly written description requirement (LWD) exists as a biotechnology-specific super-enablement requirement, substantially more stringent than the enablement requirement (the conventional standard for patentability), and standing as an impediment to effective patent protection for biotechnology inventions. My objective in writing this article was to test this conventional wisdom, by conducting a comprehensive search for all LWD …