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Full-Text Articles in Law
Cyborgs And The Americans With Disabilities Act, Lou Colasanti
Cyborgs And The Americans With Disabilities Act, Lou Colasanti
Student Scholarship
Medical technology is advancing at lightning speed with the potential to drastically benefit the disabled. These new technologies will result in humans who will use a wide array of assistive technologies and will likely be labelled as Cyborgs. Assistive technologies such as self-driving cars, robots, computer chip implants, insertable medical hardware, and exoskeletons are already well developed. The day is rapidly approaching when Cyborgs as a class will be large and influential. Critically, the Americans with Disabilities Act (ADA), the judges tasked with enforcing this legislation, and the legislature itself are all ill equipped to handle the speed of this …
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …
Biotechnology And The Legal Constitution Of The Self: Managing Identity In Science, The Market, And Society, Jonathan Kahn
Biotechnology And The Legal Constitution Of The Self: Managing Identity In Science, The Market, And Society, Jonathan Kahn
Faculty Scholarship
This article considers how certain ideas underlying the tort of appropriation may enable use more effectively to deal with the problems presented by a case such Moore v. Regents of the University of California which dealt with property rights of Moore’s spleen cells. First, the author explores how the tort of appropriation of identity opens up new approaches to inform and perhaps supplement principles of property law as a guide to managing genetic information or other materials that seem intimately bound up with a particular human subject. Secondly, the author analyzes how the various opinions produced by the Supreme Court …
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
Faculty Scholarship
This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …