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Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

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

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …

Changing Policy Roles Of Environmental Science, Devra Lee Davis

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Contains references.

China’S Environmental Legislation And Current Issues, Dian Rong Luo

Proceedings of the Sino-American Conference on Environmental Law (August 16)

8 pages.

A Few Problems In Environmental Protection Legislation In China, Wei Min Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

9 pages.

Priority-Setting At The Environmental Protection Agency, And Comparative Analysis Of Environmental Problems To Support It, Richard Morgenstern

Proceedings of the Sino-American Conference on Environmental Law (August 16)

13 pages.

Contains footnotes.

Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

13 pages.

Overview Of The U.S. System Of Environmental Law, Lawrence J. Macdonnell

Proceedings of the Sino-American Conference on Environmental Law (August 16)

25 pages (includes illustrations).

Contains 3 pages of references.

The Law Of Wildlife Protection In The United States, David H. Getches

Proceedings of the Sino-American Conference on Environmental Law (August 16)

27 pages.

Contains 12 pages of endnotes.

The General Policy Of Controlling The Environment Comprehensively To Make The Chinese Economy And Environment Gradually Develop In Harmony, Yan Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.

Development Of Chinese Environmental Management Structure, Zhu Zhong Jie

Proceedings of the Sino-American Conference on Environmental Law (August 16)

5 pages.

Air Protection And Energy Usage, Han Chen Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Enforcement Of Environmental Laws In China, Ma Xiang Cong

Proceedings of the Sino-American Conference on Environmental Law (August 16)

15 pages.

Chinese Species Resource And Protection Policy, Run Ao Li

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Environmental Policy Analysis Of Industrial Development In China, Li Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.

Hazardous Materials And Wastes In China: Management And Legislative Principles, Shi Qing

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.

Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin

Proceedings of the Sino-American Conference on Environmental Law (August 16)

12 pages.

On “The Strategy For Nature Protection In China”, Cheng Zheng Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.

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

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

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

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

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

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

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.

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

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

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.