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Articles 1 - 30 of 34
Full-Text Articles in Law
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
All Faculty Scholarship
This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?
The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Cornell Law Faculty Publications
This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.
The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …
Activities Of The Eagle River Assembly, Douglas Kemper
Activities Of The Eagle River Assembly, Douglas Kemper
Water and Growth in the West (Summer Conference, June 7-9)
14 pages (includes illustrations).
Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman
Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman
Water and Growth in the West (Summer Conference, June 7-9)
17 pages.
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Water and Growth in the West (Summer Conference, June 7-9)
1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)
"Conference co-sponsor The William and Flora Hewlett Foundation."
Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.
Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)
Includes bibliographical references
The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …
The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt
The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Publish Or Perish, Gideon Parchomovsky
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Faculty Scholarship
No abstract provided.
Biotechnology And The Law: Introduction, Franklin A. Gevurtz
Biotechnology And The Law: Introduction, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Biotechnology And The Creation Of Ethics, Raymond R. Coletta
Biotechnology And The Creation Of Ethics, Raymond R. Coletta
McGeorge School of Law Scholarly Articles
No abstract provided.
Biotechnology's Challenge To The Law Of Torts, Julie A. Davies, Lawrence C. Levine
Biotechnology's Challenge To The Law Of Torts, Julie A. Davies, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
Biotechnology: Business Organization Issues, Franklin A. Gevurtz
Biotechnology: Business Organization Issues, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
McGeorge School of Law Scholarly Articles
No abstract provided.
Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg
Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg
Other Publications
This report summarizes key provisions of the United States. legal regime concerning ownership, dissemination and commercialization of the results of publicly funded research as background for a study on the feasibility of improving access by developing countries and economies in transition to environmentally sound technologies (ESTs) developed in other parts of the world.
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 …
Hardware-Based Id, Rights Management, And Trusted Systems, Jonathan Weinberg
Hardware-Based Id, Rights Management, And Trusted Systems, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Faculty Scholarship
In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation.
This …
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
Journal Articles
This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate underway …
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 …
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. Carmichael, the Court more questionably held that opinion evidence based on "technical" and "specialized" knowledge must meet the same admissibility threshold as scientific testimony. This Article addresses the implications of these two decisions for opinion evidence presented by mental health professionals in criminal trials.
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman
Faculty Publications
In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
Publications
No abstract provided.
Symposium: Advances In Biomaterials And Devices, And Their Financing, Michael S. Baram, Ronald A. Cass, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King
Symposium: Advances In Biomaterials And Devices, And Their Financing, Michael S. Baram, Ronald A. Cass, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King
Faculty Scholarship
My name is Professor Michael Baram and I direct the Center for Law and Technology here at the law school. Today's meeting is the third annual Technology Law Symposium to be held here, sponsored by the high technology law firm of Testa, Hurwitz & Thibeault, LLP and the Center for Law and Technology.
Our meeting today is focused on an exciting area of research and product development. This area involves the use of conventional as well as new genetically engineered biomaterials in new medical device configurations for implantation and with the purpose of restoring bodily functions, regenerating tissue, bone, cartilage, …
Climate Change: The Next Dimension, Lakshman Guruswamy
Climate Change: The Next Dimension, Lakshman Guruswamy
Publications
No abstract provided.
Globalization And The Design Of International Institutions, Cary Coglianese
Globalization And The Design Of International Institutions, Cary Coglianese
All Faculty Scholarship
In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the …
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Faculty Publications
Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …
Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg
Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg
Articles
As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …
The Promise And Perils Of Strategic Publication To Create Prior Art: A Response To Professor Parchomovsky, Rebecca S. Eisenberg
The Promise And Perils Of Strategic Publication To Create Prior Art: A Response To Professor Parchomovsky, Rebecca S. Eisenberg
Articles
In a provocative recent article in the Michigan Law Review, Professor Gideon Parchomovsky observes that a firm racing with a competitor to make a patentable invention might find it strategically advantageous to publish interim research results rather than risk losing a patent race. This strategy exploits legal rules limiting patent protection to technological advances that are new and "nonobvious" in light of the "prior art" or preexisting knowledge in the field. By publishing research results, a firm adds to the prior art and thereby limits what may be patented in the future. Parchomovsky posits that, before it is able to …