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Articles 1 - 18 of 18

Full-Text Articles in Law

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner Nov 2001

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.


Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging Oct 2001

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.


Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.


Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus Jul 2001

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Law and Contemporary Problems

No abstract provided.


Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger Jul 2001

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.


Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch Jul 2001

Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch

Law and Contemporary Problems

No abstract provided.


Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel Jul 2001

Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel

Law and Contemporary Problems

No abstract provided.


A Comity Of Errors: Why John V. Baker Is Only A Tentative First Step In The Right Direction, Carl H. Johnson Jun 2001

A Comity Of Errors: Why John V. Baker Is Only A Tentative First Step In The Right Direction, Carl H. Johnson

Alaska Law Review

No abstract provided.


Cases In Context: Lake Champlain Wars, Gentrification And Ploof V. Putnam, Joan Vogel May 2001

Cases In Context: Lake Champlain Wars, Gentrification And Ploof V. Putnam, Joan Vogel

Saint Louis University Law Journal

No abstract provided.


No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia Apr 2001

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.


Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut Apr 2001

Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut

Cornell Journal of Law and Public Policy

No abstract provided.


Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr. Apr 2001

Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr.

Duke Environmental Law & Policy Forum

No abstract provided.


Standing And The Statutory Universe, William W. Buzbee Apr 2001

Standing And The Statutory Universe, William W. Buzbee

Duke Environmental Law & Policy Forum

No abstract provided.


Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria Apr 2001

Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria

Duke Environmental Law & Policy Forum

No abstract provided.


The Irresolution Of Rome, Ruth Wedgwood Jan 2001

The Irresolution Of Rome, Ruth Wedgwood

Law and Contemporary Problems

Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.


Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson Jan 2001

Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Introducing The Court Of Arbitration For Sport: The Ad Hoc Division At The Olympic Games, Richard H. Mclaren Jan 2001

Introducing The Court Of Arbitration For Sport: The Ad Hoc Division At The Olympic Games, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.


Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal Jan 2001

Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.