Law Commons^™

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

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As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in ...

Law And Enchantment: The Place Of Belief, Joseph Vining

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The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what ...

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

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It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer read back the ...

John W. Reed And The High Style, Theodore J. St. Antoine

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John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

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In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American ...

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

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This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the ...

A Book Review—Or What You Never Wanted To Know About Bibliographies, Penny A. Hazelton

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Reviewing Joe Stephens, Law, Natural Resources, and Land Use: The Environmental Collection of the Paul L. Boley Law Library (1986).

The Varieties Of Numerical Remedies, Eric Schnapper

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This article seeks to provide a coherent account of why the federal courts have used numerical remedies and an analysis of the types of cases in which they should do so.

Part I describes the evolution of court ordered numerical remedies in Title VII and other employment cases and discusses the appellate courts' failure to establish any clear standards for adopting and framing such remedies. Part II argues that this lack of a coherent set of standards is due to a failure to recognize that the lower courts have been utilizing numerical remedies in six quite distinct types of cases ...

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

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The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found ...

American Indians And The Bicentennial, Richard B. Collins

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No abstract provided.

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

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No abstract provided.

Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson

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No abstract provided.

The Brilliant, The Curious, And The Wrong, Pierre Schlag

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No abstract provided.

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

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A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused ...

A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper

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The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.

The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford

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Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent ...

The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld

Articles

At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for ...

Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky

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The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient ...

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

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No abstract provided.

Taxation Of Business Intangible Capital, George Mundstock

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No abstract provided.

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

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No abstract provided.

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

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No abstract provided.

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

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No abstract provided.

Thinking About Our Language, James Boyd White

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Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion ...

Is Fraudulent Conveyance Law Efficient?, David Gray Carlson

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No abstract provided.

Preface, Monroe E. Price

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No abstract provided.

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David Gray Carlson

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No abstract provided.

Literacy And The Languages Of The Early Common Law, Peter Goodrich

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No abstract provided.

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

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No abstract provided.

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

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No abstract provided.