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Full-Text Articles in Law

Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling Jun 2007

Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

1 page.

"Lisa Heinzerling, Georgetown Law School" -- Agenda


Humane Education, Dissection, And The Law, Marcia Goodman Kramer Jan 2007

Humane Education, Dissection, And The Law, Marcia Goodman Kramer

Animal Law Review

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.


Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan Jan 2007

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …


Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance Jan 2007

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …


The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz Jan 2007

The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz

Publications

In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.

In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …


Patents On Legal Methods? No Way!, Andrew A. Schwartz Jan 2007

Patents On Legal Methods? No Way!, Andrew A. Schwartz

Publications

An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax strategies, are not inventions in this sense, because they employ “laws of man” — not laws of nature to produce a useful result.