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Articles 61 - 90 of 108
Full-Text Articles in Law
The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King
The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King
Michigan Law Review
What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …
The Engineers In The Price System, Alfred A. Desimone Jr.
The Engineers In The Price System, Alfred A. Desimone Jr.
Michigan Law Review
A Review of America by Design: Science, Technology, and the Rise of Corporate Capitalism by David F. Noble
The Proposed "Science Court", James A. Martin
The Proposed "Science Court", James A. Martin
Michigan Law Review
This article discusses the desirability of establishing some kind of science court. Section I examines arguments in favor of the creation of a science court. Section II compares the truth-seeking devices of the scientific method and the legal system in order to assess their merits in assisting the public policymakers faced with issues involving scientific matters. Section III discusses the various models that have been proposed for a science court. Section IV concentrates on the model proposed by Dr. Arthur Kantrowitz, taking it as the preferred model, and defends it against some criticism while suggesting various refinements. Section V examines …
Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb
Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb
Michigan Law Review
A Review of Impact of New Weapons Technology on International Law: Selected Aspects by Eric Stein
Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren
Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren
Michigan Law Review
A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
Michigan Law Review
Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Michigan Law Review
The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
Michigan Law Review
This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.
Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii
Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii
Michigan Law Review
A surge of interest and direct involvement with artificial insemination has interposed complicated and presently unsolved legal, social, cultural, religious, emotional, and psychological problems. It is not the purpose of this Article to undertake an exegesis of these interrelated areas or their ramifications. Central consideration, instead, is given to the special legal problems of adultery, illegitimacy, and support and inheritance manifest in any discussion of artificial insemination.
Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller
Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller
Michigan Law Review
This Article chronicles one attempt to blend the sophisticated science of statistics with the mysterious art of the law in an antitrust case. Once again, we hope to provide lawyers with an understanding of a tool which can be used in resolving complex factual questions wherever they arise, not merely in an antitrust context. Although the lawyer will not emerge from this encounter as an accomplished statistician or economist, he may be able to talk to his fellow social scientists and to achieve a more fruitful application of social science techniques to the law.
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Michigan Law Review
A Review of Privacy and Freedom by Alan F. Westin
Science-Computers-The Use Of Data Processing In Legal Research, Michigan Law Review
Science-Computers-The Use Of Data Processing In Legal Research, Michigan Law Review
Michigan Law Review
In 1960, at the American Bar Association Annual Meeting in Washington, D.C., representatives of the University of Pittsburgh Health Law Center conducted a demonstration of the use of an electronic computer in searching statutory materials. For purposes of the search, each statutory section had been numbered consecutively and programmed into the computer which contained an alphabetical list of every word in the statutes (with the exception of articles) and their location. To locate material on a given topic, the searcher requested the machine to list the location of key words or combinations of words which he believed were present in …
The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock
The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock
Michigan Law Review
The following discussion explores the interaction between law and economics as these two disciplines relate to the issues which arise under section 7 of the Clayton Act, as amended in 1950, and examines the correlative problems implicit in the working arrangements between lawyers and economists when they are asked to counsel an enforcement agency or an acquiring or acquired company concerning the potential competitive consequences of a merger.
Science And The Law Symposium: Introduction, David F. Cavers
Science And The Law Symposium: Introduction, David F. Cavers
Michigan Law Review
This symposium reflects a growing concern that, in a period when our society is being rapidly transformed by science and technology, increasing attention be directed to the bearing of this development on law as our society's primary control system. Moreover, since law can exert some influence on the rate and direction of scientific and technological change, the examination must extend as well to the bearing of law on the processes of that change.
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
Michigan Law Review
Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …
Predicting Court Cases Quantitatively, Stuart Nagel
Predicting Court Cases Quantitatively, Stuart Nagel
Michigan Law Review
This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …
Noise And The Law, George A. Spater
Noise And The Law, George A. Spater
Michigan Law Review
For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.
Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton
Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton
Michigan Law Review
The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.
The Unborn Plaintiff, David A. Gordon
The Unborn Plaintiff, David A. Gordon
Michigan Law Review
It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.
New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle
New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle
Michigan Law Review
It is a well known maxim among oil and gas lawyers that "a producing well always clouds a title and a dry hole cures it." A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity …
Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke
Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke
Michigan Law Review
Some injuries from overexposure to radiation may manifest themselves within existing statutory limitations periods, at least under some liberal ( or loose) judicial interpretations. Many injurious manifestations, however, will not arise for a great many years after exposure; it is the thesis of this article that some new legislative solutions must be adopted. Limiting the right to sue to the existing time periods as construed by many courts will be manifestly unfair to plaintiffs. A blanket, unconditional extension of the time period to as much as thirty years for all cases regardless of the local rule as to when the …
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Michigan Law Review
The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Michigan Law Review
Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant's application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 …
Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse
Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse
Michigan Law Review
During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …
The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer
The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer
Michigan Law Review
On the twenty-fifth of June, the Government of the United States of America received an invitation to attend in Russia a conference of plenipotentiaries to consider the revision of an important multilateral convention. Since the conference involved matters which, by American municipal practice, were solely within the competence of private enterprise and not subject to the control of government, the United States at first refused to attend. Russia, however, assured the United States that representatives of private enterprises would be welcome. Relations between these two countries were on such a friendly basis that the United States accepted the invitation extended …
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
Michigan Law Review
The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Michigan Law Review
A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]
Atomic Energy Law-Atomic Energy Act Of 1954- Substantial Legal Restrictions On The Private Development Of Nuclear Reactors, Martin Adelman
Atomic Energy Law-Atomic Energy Act Of 1954- Substantial Legal Restrictions On The Private Development Of Nuclear Reactors, Martin Adelman
Michigan Law Review
In 1956 the Power Reactor Development Company received a construction permit from the Atomic Energy Commission to build a fast breeder nuclear reactor at Lagoona Beach, thirty miles southwest of Detroit, Michigan. Intervening pursuant to section 189 of the Atomic Energy Act of 1954, several unions claimed that the health, safety, and property of their members would be jeopardized by the operation of the reactor. Formal hearings were held before the AEC and a final decision affirming the issuance of a construction permit to PRDC was made by the Commission in 1959. On appeal to the Court of Appeals for …
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
Michigan Law Review
In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …