Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Justice And The Insights Of Resistance: The Red Tory Jurisprudence Of George Grant, Thomas Schofield Oct 1987

Justice And The Insights Of Resistance: The Red Tory Jurisprudence Of George Grant, Thomas Schofield

Buffalo Law Review

Book review of George Grant's Technology and Justice and English-Speaking Justice


Federal Biotechnology Policy: The Perils Of Progress And The Risks Of Uncertainty, Al Gore Jun 1987

Federal Biotechnology Policy: The Perils Of Progress And The Risks Of Uncertainty, Al Gore

University of Michigan Journal of Law Reform

Americans have a schizophrenic view of science and technology. Some of our greatest heroes have been technological pioneers- from the Wright brothers to Lindbergh to Chuck Yeager. Until recently, we expressed unmitigated adoration for the scientists and engineers who put man in space. Yet at the same time, many Americans are generally uneasy about the triumph of technology in their own lives. One does not have to be a Luddite to rail against computers every now and then.

In deciding how to allocate precious public resources in an era of limits, legislators must take public perceptions of science very seriously. …


Introduction: Legislative, Administrative, And Judicial Nonscience, Samuel D. Estep Jun 1987

Introduction: Legislative, Administrative, And Judicial Nonscience, Samuel D. Estep

University of Michigan Journal of Law Reform

This symposium deals with the legal issues, or rather some of them, that are created by scientific research. Anyone remotely interested in scientific developments should be aware that even the existence of "new" scientific "facts," let alone the application of such discoveries to everyday activities, gives rise to a host of human value judgments that should be faced and resolved by society. Although these problems are often left in purgatory forever, it is the legal system, broadly defined, that attempts to resolve the conflict of interests (or the balancing of values) when a decision is made. Making this type of …


Scientific Responsibility And The Law, Harold P. Green Jun 1987

Scientific Responsibility And The Law, Harold P. Green

University of Michigan Journal of Law Reform

Because public policy is implicated by scientific misconduct, the legal profession should be interested in overcoming this problem. This Article studies the scientific misconduct problem and provides a personal view of the legal dilemmas that confront those who report misconduct. Part I describes how the scientific community currently deals with alleged fraud. Scientists primarily rely on the peer review system and toothless guidelines. Part II illustrates the problems in the present system through a case study of an allegation of misconduct. The author represented a man who reported scientific misconduct; the National Institutes of Health (NIH) investigation took five and …


Earmarked Appropriations: The Debate Over The Method Of Federal Funding, Donald N. Langenberg Jun 1987

Earmarked Appropriations: The Debate Over The Method Of Federal Funding, Donald N. Langenberg

University of Michigan Journal of Law Reform

The report that follows is the product of the Committee's deliberations.

The associations which sponsored the Committee and to which its report was addressed are at this date still considering the recommendations of the report. The Association of American Universities has adopted a resolution reaffirming its position supporting the use of scientific merit for research funding decisions and opposing earmarked funding, and agreeing to a moratorium on earmarked funding while the Association supports the creation of federally-funded research facilities programs. The American Association of State Colleges and Universities and the National Association of Independent Colleges and Universities have adopted or …


On The Human Body As Property: The Meaning Of Embodiment, Markets, And The Meaning Of Strangers, Thomas H. Murray Jun 1987

On The Human Body As Property: The Meaning Of Embodiment, Markets, And The Meaning Of Strangers, Thomas H. Murray

University of Michigan Journal of Law Reform

For as long as I can recall, newspapers have published brief items in which someone has calculated what the human body is "worth" on the open market. The value of the body-as reduced to its chemical components-was never more than a few dollars. A more accurate accounting, though, would include the market value of transplantable organs and tissues, as well as the potential bonanza to be had should a cell line cultured from that body prove valuable to the biotechnology industry. The bottom line could be anywhere from tens of thousands to perhaps millions of dollars.

Both moral and legal …


Federal Regulation Of Agricultural Biotechnologies, Thomas O. Mcgarity Jun 1987

Federal Regulation Of Agricultural Biotechnologies, Thomas O. Mcgarity

University of Michigan Journal of Law Reform

Part I of this Article describes some of the risks and benefits of newly emerging agricultural biotechnologies. After discussing, in Part II, the role of federal agencies in regulating agricultural biotechnologies, Part III of the Article proposes elements for an adequate regulatory regime. Part IV then measures the existing legal authorities, as implemented by the USDA and the EPA, against the ideal elements. Part V examines the willingness of these agencies to regulate. Finally, Part VI suggests changes that can be made in the current regulatory regime to bring about more effective regulation and to enhance public trust in regulatory …


Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong Jun 1987

Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong

University of Michigan Journal of Law Reform

This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.


The Researcher As "Offender" And "Victim" - Comparative Observations As To Freedom And Responsibility Of Science And Technology, Albin Eser May 1987

The Researcher As "Offender" And "Victim" - Comparative Observations As To Freedom And Responsibility Of Science And Technology, Albin Eser

BYU Law Review

No abstract provided.


Sociobiology And The Law: The Biology Of Altruism In The Courtroom Of The Future, Charles F. Weiss May 1987

Sociobiology And The Law: The Biology Of Altruism In The Courtroom Of The Future, Charles F. Weiss

Michigan Law Review

A Review of Sociobiology and the Law: The Biology of Altruism in the Courtroom of the Future by John H. Beckstrom


Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies May 1987

Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies

Michigan Law Review

A Review of Special Care: Medical Decisions at the Beginning of Life by Fred M. Frohock


The Impact Of Digital Technology On Copyright Law, 8 Computer L.J. 1 (1987), Eric Fleischmann Jan 1987

The Impact Of Digital Technology On Copyright Law, 8 Computer L.J. 1 (1987), Eric Fleischmann

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Copyright Protection For Computer Software In Israel, 8 Computer L.J. 23 (1987), Barry Levenfeld Jan 1987

Copyright Protection For Computer Software In Israel, 8 Computer L.J. 23 (1987), Barry Levenfeld

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Texas Instruments V. Itc: Insight Or Aberration?, 8 Computer L.J. 43 (1987), Stephen A. Becker Jan 1987

Texas Instruments V. Itc: Insight Or Aberration?, 8 Computer L.J. 43 (1987), Stephen A. Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Disclosure Of Expert Computer Simulations, 8 Computer L.J. 51 (1987), Alan Aldous Jan 1987

Disclosure Of Expert Computer Simulations, 8 Computer L.J. 51 (1987), Alan Aldous

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Taxation Of Software Development Costs, 8 Computer L.J. 73 (1989), Robin Beth Rosanky Jan 1987

Taxation Of Software Development Costs, 8 Computer L.J. 73 (1989), Robin Beth Rosanky

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Single Product Issue And The Computer Industry, 8 Computer L.J. 95 (1989), Dean Weddall Jan 1987

The Single Product Issue And The Computer Industry, 8 Computer L.J. 95 (1989), Dean Weddall

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Exporting High Technology From The United States Under The Revised Distribution License Procedures, 7 Computer L.J. 289 (1987), G. Gregory Letterman Jan 1987

Exporting High Technology From The United States Under The Revised Distribution License Procedures, 7 Computer L.J. 289 (1987), G. Gregory Letterman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Use Of Computers In The Sexual Exploitation Of Children And Child Pornography, 7 Computer L.J. 383 (1987), Patricia N. Chock Jan 1987

The Use Of Computers In The Sexual Exploitation Of Children And Child Pornography, 7 Computer L.J. 383 (1987), Patricia N. Chock

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Computer Software Protection In The Republic Of China, 7 Computer L.J. 455 (1987), Ching-Ning S. Chang Jan 1987

Computer Software Protection In The Republic Of China, 7 Computer L.J. 455 (1987), Ching-Ning S. Chang

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Abuses Of Attorneys' Computer Data Bases Threaten Professional Ethics, 7 Computer L.J. 439 (1987), Debra L. Bray Jan 1987

Abuses Of Attorneys' Computer Data Bases Threaten Professional Ethics, 7 Computer L.J. 439 (1987), Debra L. Bray

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Distribution Of Core Technology, 7 Computer L.J. 469 (1987), Mark L. Gordon, Francoise Gilbert Jan 1987

Distribution Of Core Technology, 7 Computer L.J. 469 (1987), Mark L. Gordon, Francoise Gilbert

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Developing A New Set Of Liability Rules For A New Generation Of Technology: Assessing Liability For Computer-Related Injuries In The Health Care Field, 7 Computer L.J. 517 (1987), James N. Godes Jan 1987

Developing A New Set Of Liability Rules For A New Generation Of Technology: Assessing Liability For Computer-Related Injuries In The Health Care Field, 7 Computer L.J. 517 (1987), James N. Godes

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Broderbund Software, Inc. V. Unison World, Inc., 7 Computer L.J. 535 (1987), Celeste Tito Jan 1987

Broderbund Software, Inc. V. Unison World, Inc., 7 Computer L.J. 535 (1987), Celeste Tito

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery Jan 1987

The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Developing A Coherent Approach To The Regulation Of Computer Bulletin Boards, 7 Computer L.J. 499 (1987), Robert Beall Jan 1987

Developing A Coherent Approach To The Regulation Of Computer Bulletin Boards, 7 Computer L.J. 499 (1987), Robert Beall

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Artificial Intelligence: Can Computers Understand Why Two Legal Cases Are Similar?, 7 Computer L.J. 409 (1987), Celeste Tito Jan 1987

Artificial Intelligence: Can Computers Understand Why Two Legal Cases Are Similar?, 7 Computer L.J. 409 (1987), Celeste Tito

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.