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Articles 31 - 60 of 108
Full-Text Articles in Law
Cyberdemons: Regulating A Truly World-Wide Web, Andrew P. Lycans
Cyberdemons: Regulating A Truly World-Wide Web, Andrew P. Lycans
Michigan Law Review
In the decade leading up to the twenty-first century, the number of Internet-related legal disputes grew exponentially. This growth continues into the new millennium, introducing old problems in a new context. For instance, in the field of copyright, Eric Eldred, the operator of a website dedicated to posting literary works already in the public domain, challenged the Copyright Term Extension Act ("CTEA"). The CTEA blocked his plans to post works copyrighted in 1923, works which under the previous statute would have entered the public domain in 1999. Looking to trademark law, the field has become obsessed of late with providing …
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Michigan Law Review
With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …
Disease And Cure?, L. A. Powe Jr.
Disease And Cure?, L. A. Powe Jr.
Michigan Law Review
Sunstein uses Franklin's remark to make two related points. First, citizens bear the burden of maintaining the American republic as a healthy, vibrant place; being a citizen is decidedly different from being a consumer. The former has duties, the latter wants (pp. 113-23). Second, and this is the gist of the slender book, the republic is jeopardized by the possibilities of the Internet. Sunstein assumes the correctness of MIT technology specialist Nicholas Negroponte's conclusion that in the not-too-distant future we will be able to create a "Daily Me" on the Internet that will provide the personalized information (including news) that …
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Michigan Law Review
Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
Michigan Law Review
For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Michigan Law Review
This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Michigan Law Review
In his James Madison Lecture on Constitutional Law, Chief Judge Richard Posner chides both professors and judges for devoting too much attention to constitutional theory and too little time to empiricism. Although I agree with Judge Posner's endorsement of empiricism, I dispute the roles he assigns empiricism and theory. Social science matters when interpreting the Constitution, but not in the way Posner posits. Facts cannot replace constitutional theories, nor can they mechanically resolve questions posed by theory. Instead, empirical knowledge is most useful in unmasking the theoretical assumptions that undergird constitutional law, in focusing those theories, and in contributing to …
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Michigan Law Review
Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …
Revitalizing Environmental Federalism, Daniel C. Esty
Revitalizing Environmental Federalism, Daniel C. Esty
Michigan Law Review
Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
Michigan Law Review
A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
Michigan Law Review
As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.
Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter
Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter
Michigan Law Review
This Note argues first that courts and legislatures should follow a presumption against mandating disclosure of a person's genetic information to third parties. Second, genetic testing for the benefit of a third party should not, and constitutionally cannot, be compelled. Part I presents an overview of genetics and discusses the special legal and ethical issues genetic testing poses. Part II examines the issue of nonconsensual disclosure to family members, who could potentially use the information from tests that have already been performed. This Part concludes that there should be a presumption against disclosure. Part III examines a related, but different, …
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Michigan Law Review
A Review of Galileo's Revenge: Junk Science in the Courtroom by Peter W. Huber
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Michigan Law Review
This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Michigan Law Review
A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Michigan Law Review
A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price
Sociological Justice, Christopher M. Adams
Sociological Justice, Christopher M. Adams
Michigan Law Review
A Review of Sociological Justice by Donald Black
Information Economics And Chemical Toxicity: Designing Laws To Produce And Use Data, Mary L. Lyndon
Information Economics And Chemical Toxicity: Designing Laws To Produce And Use Data, Mary L. Lyndon
Michigan Law Review
Just as laws may create entitlements to the use of information, they may also be written to distribute information and to encourage information production. This Article discusses the ways in which law affects the generation and distribution of information related to chemical exposure and toxicity. It describes the economic impact of recently enacted right-to-know laws and proposes that better and more abundant data could be produced if the law paid greater attention to basic economic principles that influence research and information systems.
The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts
The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts
Michigan Law Review
A Review of The Electronic Commonwealth: The Impact of New Media Technologies on Democratic Politics by Jeffrey B. Abramson, F. Christopher Arterton, and Gary R. Orren
What Process Is Due? Courts And Science-Policy Disputes, Gregory B. Heller
What Process Is Due? Courts And Science-Policy Disputes, Gregory B. Heller
Michigan Law Review
A Review of What Process is Due? Courts and Science-Policy Disputes by David M. O'Brien
Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund
Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund
Michigan Law Review
A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick
Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss
Michigan Law Review
This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …
Sociobiology And The Law: The Biology Of Altruism In The Courtroom Of The Future, Charles F. Weiss
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
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
Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson
Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson
Michigan Law Review
A Review of Cloning And the Constitution: An Inquiry Into Governmental Policymaking and Genetic Experimentation by Ira H. Carmen
Free Speech And High Tech, Francis Dummer Fisher
Free Speech And High Tech, Francis Dummer Fisher
Michigan Law Review
A Review of Technologies of Freedom by Ithiel de Sola Pool and Teletext and Videotex in the United States: Market Potential, Technology, Public Policy Issues by John Tydeman, Hubert Lipinski, Richard P. Adler, Michael Nyhan and Laurence Zwimpfer.
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
Michigan Law Review
A Review of A Tremor in the Blood: Uses and Abuses of the Lie Detector by David Thoreson Lykken