Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Law

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan Oct 2018

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan

Articles

The Bayh-Dole Act of 1980 established a new default rule that allowed nonprofit organizations and small businesses to own, as a routine matter, patents on inventions resulting from research sponsored by the federal government. Although universities helped get the Bayh-Dole Act through Congress, the primary goal, as reflected in the recitals at the beginning of the new statute, was not to benefit universities but to promote the commercial development and utilization of federally funded inventions. In the years since the passage of the Bayh-Dole Act, universities seem to have lost sight of this distinction. Their behavior as patent seekers, patent ...


Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave Jan 2016

Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave

Articles

No abstract provided.


Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz Jan 2013

Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz

Articles

Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of ...


On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz Jan 2012

On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz

Articles

The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely ...


How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner Jan 2011

How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner

Articles

Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.

The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the ...


Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James Jan 2010

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James

Articles

No abstract provided.


Bayh-Dole Reform And The Progress Of Biomedicine, Rebecca S. Eisenberg, Arti K. Rai Jan 2003

Bayh-Dole Reform And The Progress Of Biomedicine, Rebecca S. Eisenberg, Arti K. Rai

Articles

Advances in fundamental biomedical research play an important and growing role in the development of new therapeutic and diagnostic products. Although the development of pharmaceutical end products has long been a proprietary enterprise, biomedical research comes from a very different tradition of open science. Within this tradition, long-standing norms call for relatively unfettered access to fundamental knowledge developed by prior researchers. The tradition of open science has eroded considerably over the past quarter century as proprietary claims have reached farther upstream from end products to cover fundamental discoveries that provide the knowledge base for future product development.


Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg Jan 2003

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.


Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow Jan 1991

Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow

Articles

Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the ...


Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg Jan 1988

Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg

Articles

In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in ...


Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg Jan 1988

Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg

Articles

I suspect Professor Rabban is right in saying that we have more than a semantic dispute. But it is difficult to identify our areas of substantive disagreement with any precision because of a major difference in the meanings that each of us ascribes to certain key words and phrases. The essence of my argument is as follows: What I call "the traditional American conception of academic freedom" justifies professional autonomy for faculty members as a means of furthering certain academic values. But the mechanism of faculty autonomy fails to protect these traditional academic values in the contemporary context of externally ...


The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.


A Statement To The Alumni, Henry M. Bates Jan 1915

A Statement To The Alumni, Henry M. Bates

Articles

Plans are now complete for the demonstration by Michigan alumni of their loyalty to and interest in their Alma Mater. Michigan has never before called upon all of her former students to help her in any great movement for the benefit of the entire University. It has required some all comprehending movement like the Union to afford this opportunity, but now the time and the opportunity are at hand, when Michigan men may put their shoulders to the wheel and carry through a project, which "Prexy" Angell, President Hutchins, the Board of Regents, the Senate Council and the Alumni Association ...


The Department Of Law And The State, Henry M. Bates Jan 1913

The Department Of Law And The State, Henry M. Bates

Articles

We are living in a period of extraordinary unrest. The spirit of criticism is prevalent, and no belief or creed, no institution is exempt from this questioning spirit of the time. Among social institutions perhaps none is being more relentlessly subjected to attack than the law as administered in our courts and practiced by our lawyers. It is true that much of the criticism leveled at legal institutions is unreasonable and is based upon ignorance or prejudice, but there remains a residuum of complaint which is well founded. In the very nature of things law and its administration always have ...


The Four Year Course In The Department Of Law, Henry M. Bates Jan 1912

The Four Year Course In The Department Of Law, Henry M. Bates

Articles

The present year has witnessed the final step in the establishment of the new entrance requirement to the Law Department which was undertaken by the Faculty and Regents several years ago. This, in effect, provides that every student in the Law Department from now on shall have had at least one year in the Literary Department, or its equivalent elsewhere, and places the course of the Law Department practically upon the four year basis of the other schools in the University.


President Harry Burns Hutchins, Edwin C. Goddard Jan 1910

President Harry Burns Hutchins, Edwin C. Goddard

Articles

No more striking proof of perfect confidence and high regard could be afforded than the unanimous sense of relief with which the news of the appointment of Harry Burns Hutchins as permanent President of the University was welcomed by his colleagues of all Departments, with whom he had for so many years been closely associated. Verily, he is not one without honor in his own country.


Law As A Culture Study, Edson R. Sunderland Jan 1906

Law As A Culture Study, Edson R. Sunderland

Articles

That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal ...


What Is The Michigan Union?, Henry M. Bates Jan 1905

What Is The Michigan Union?, Henry M. Bates

Articles

The fundamental idea upon which the University of Michigan Union is formed is the invention or conception of no one individual or group of individuals. The inevitable product of inherent and universal human traits and aspirations, developed and intensified by local conditions, the Union is based upon an idea; it is compelled by forces which are imperative, persistent and irresistible, which will not be denied, but which must ultimately result in some realization of the hopes and plans of practically all of Michigan's constituency. This idea found expression in somewhat definite form in plans proposed at least eight years ...


What Shall The Union Club House Be?, Henry M. Bates Jan 1905

What Shall The Union Club House Be?, Henry M. Bates

Articles

In the October issue of The Alumnus, Mr. William N. Brown raises the question, whether, if the Memorial Committee should depart from its original plan to erect such a memorial building as was at first contemplated, and incorporate into its scheme some of the features proposed for the Union club house, it would be wise to include any sort of restaurant department. From the beginning, the board of directors of the Union have adhered steadfastly to the opinion that a restaurant department is necessary to the complete success of its proposed club house and to the full realization of all ...


The Professional School As A Factor In University Education, Harry B. Hutchins Jan 1899

The Professional School As A Factor In University Education, Harry B. Hutchins

Articles

The past twenty-five years have witnessed many radical changes in professional education. Here, quite as much as in other fields of learning, the old has given place to the new. This is particularly true of legal and medical education. In these departments the changes have been chiefly in the direction of more scientific methods and greater thoroughness. In the United States, until within a comparatively recent period, professional education in law and medicine was very largely obtained through an apprenticeship in the office of the practitioner. It is true that under the old regime, the medical student, if he aspired ...


Law School Of The University Of Michigan, Henry W. Rogers Jan 1889

Law School Of The University Of Michigan, Henry W. Rogers

Articles

The University of Michigan is one of the two largest universities in the United States, and this position it has attained within a comparatively few years. In June, 1887, it celebrated its semi-centennial ; and the University Calendar this year issued shows a Faculty roll of one hundred and eight professors, instructors, and assistants, as well as the names of eighteen hundred and eighty-two students. Harvard University, founded in 1636, and the oldest institution of learning in the country, celebrating its two hundred and fiftieth anniversary in November, i886, leads it in numbers by only seventeen students. In 1871 the Hon ...