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Articles 1 - 9 of 9

Full-Text Articles in Law

Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan Jan 2005

Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan

Articles

For decades, criminal justice officials have based key decisions about a defendant's fate and crime deterrence on a tool deplored by practitioners for its indecipherability and potential for inaccuracy or incompleteness—the rap sheet. Though the Supreme Court's criminal rights evolution progressed late last year to requiring rigor in documenting penalty maximum-enhancing prior convictions, the problem of the rap sheet has received little notice from jurists and scholars because the rap sheet plays its central role in discretionary decision-making areas shielded from scrutiny.[para] The rap sheet is not just a practitioner's problem. The flawing of the ...


Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo Jan 2005

Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo

Articles

Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.

This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the ...


Intellectual Property Rights And Stem Cell Research: Who Owns The Medical Breakthroughs?, Sean M. O'Connor Jan 2005

Intellectual Property Rights And Stem Cell Research: Who Owns The Medical Breakthroughs?, Sean M. O'Connor

Articles

This article will not address the science and ethics of stem cell research—at least as far as those topics are normally addressed in the existing literature. Instead, this article argues that an even more contentious battle is looming on the horizon, with dire practical consequences: Namely, who will own the revolutionary medical breakthroughs that are supposed to emerge from this research? Along the way, this article will assume that stem cell research will progress in some fashion and that at least some of the purported benefits will materialize.

But the central premise is that the pitch of the ownership ...


The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr Jan 2005

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

Articles

The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause ...


Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr. Jan 2005

Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.

Articles

This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.

The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of ...


Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy Jan 2005

Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy

Articles

Public trust in business has waned as large-scale failures of corporate accountability and governance have rocked domestic and international marketplaces in the past several years. Efforts to bolster trust and improve corporate governance have received substantial public attention and have stemmed from many sources, including new regulatory initiatives and enhanced attention to governance by both public and private corporations in an attempt to stave off further regulation. At the same time, corporate law scholars have seized upon this milieu in order to reinvigorate scholarly debates about the roles and purposes of corporations in society.

Professor Susan Stabile, a scholar of ...


General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz Jan 2005

General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz

Articles

The General Public License (GPL) enshrines a software hacker’s freedom to use code in important ways. Hackers often refer to the GPL as the free software movement’s “constitution.” Richard Stallman, founder of the Free Software Foundation (FSF) wrote the most recent version of the GPL, version 2.0, back in 1991. For a constitution, a fourteen-year-old document is young, but for a license, it is quite old. The revision process is finally underway, led by Stallman and Eben Moglen, FSF’s general counsel.

The release of GPL version 3.0 will be momentous for many reasons, but one ...


Contracting Spyware By Contract, Jane K. Winn Jan 2005

Contracting Spyware By Contract, Jane K. Winn

Articles

The question of what constitutes "spyware" is controversial because many programs that are adware in the eyes of their distributors may be perceived as spyware in the eyes of the end user. Many of these programs are loaded on the computers of end users after the end user has agreed to the terms of a license presented in a click-through interface.

This paper analyzes whether it might be possible to reduce the volume of unwanted software loaded on end users' computers by applying contract law doctrine more strictly. Unwanted programs are often bundled with programs that the end user wants ...


By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes Jan 2005

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

Articles

Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used ...