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Articles 1 - 6 of 6
Full-Text Articles in Law
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Faculty Publications
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.
Mental Health Advance Directives: Having One's Say?, Justine A. Dunlap
Mental Health Advance Directives: Having One's Say?, Justine A. Dunlap
Faculty Publications
First, this Article traces the extension of the right to refuse treatment to the psychiatric realm. Next, the Article addresses advance directives for health care and their utility for mental health issues. Then, the Article examines state statutory and judicial responses to mental health advance directives. Finally, the Article analyzes why the right to control future psychiatric treatment, including the right to refuse treatment, has been slow to gain acceptance. Although mental health advance directives present real challenges, legally and otherwise, this Article concludes that they are firmly rooted in the law and their rejection is, more often than not, …
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Faculty Publications
This work will show that there is a great gulf between the culture of lawmakers and the culture of those who comply. Lawmakers - legislators, administrators, and especially judges - function by producing primary authorities in law. The texts of these authorities are the law itself. Because they were created in the course of deciding actual cases - cases which produced insights to a truth of lasting value, these texts have an authority equal to all the other insights produced down through the ages. The excitement that accompanies such insights tends to blind lawmakers to the chore of compliance. Those …
Media Law & Ethics Enter The 21st Century, Introduction To Symposium, Richard J. Peltz-Steele
Media Law & Ethics Enter The 21st Century, Introduction To Symposium, Richard J. Peltz-Steele
Faculty Publications
We stand now on the verge of the twenty-first century: an artificial construct yes, but a culturally significant time nonetheless. We are the world the Hutchins Commission foresaw: the world of nations seeking understanding, seeking destiny. We will not predict the future with perfect accuracy, though we will try, because that is out nature. In our effort, we must be mindful that the questions we are asking are not new; they have been asked before and will be asked again. But let us see what we have to say about them today.
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Faculty Publications
As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true. …
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
Faculty Publications
The realm of intellectual property law now changes at an incredible pace, with the courts discarding venerable concepts rapidly. This is not surprising as the transition from a goods-based society to one based on information increases the importance of intellectual property law. Nowhere has this been more apparent than the Federal Circuit’s recent reworking of the scope of federal patent law. Today, it is difficult to imagine anything for which a patent cannot be sought and received. Furthermore, the expansion of the patent law’s scope has a corresponding impact on state powers. Because the patent law serves to implicitly preempt …