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Full-Text Articles in Law

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase Dec 2000

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase

Boston College Law Review

The automobile exception to the search warrant requirement originated in 1924, when obtaining a search warrant was a lengthy and involved process. Today, federally and in a growing number of states, search warrants can be obtained by telephone or facsimile in a matter of minutes. Yet the automobile exception, originally based upon the exigency presented by the mobility of the automobile, remains intact and was recently extended to permit the warrantless search of property belonging to passengers in automobiles. This article critically examines the development of the automobile exception and calls for a reform of that exception in light of ...


Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens May 2000

Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens

Boston College International and Comparative Law Review

Presently, intellectual property law is the mechanism that determines international protection and control over biotech innovations in plant varieties and the genetic resources that form the basis for those innovations. The intellectual property paradigm that is utilized employs western definitions of property in order to provide a framework in which to allocate rights. This has resulted in serious distributive problems: western-specific ideas about property, authorship, and individual creative inventors do not translate well to areas where cultural knowledge or generational innovation form the basis of important societal achievements. The default solution in the international agricultural context has been to almost ...


In The Aftermath Of The "Terminator" Technology Controversy: Intellectual Property Protections For Genetically Engineered Seeds And The Rights To Save And Replant Seed, Jeremy P. Oczek May 2000

In The Aftermath Of The "Terminator" Technology Controversy: Intellectual Property Protections For Genetically Engineered Seeds And The Rights To Save And Replant Seed, Jeremy P. Oczek

Boston College Law Review

Throughout history, farmers have engaged in the practice of saving seed from each harvest to use in planting the following year's crap. This practice, however; has been a significant concern for those developing new varieties of seed. The "terminator" technology was developed to prevent the saving and replanting of genetically engineered seeds by blocking the germination of these seeds after one growing season. The terminator technology, however; caused worldwide controversy over the scope of intellectual property protections for genetically engineered seeds used in agriculture because farmers believed that seeds incorporating the terminator technology would interfere with the traditional and ...


Hormone Replacement Therapy, Or Just Eat More Meat: The Technological Hare Vs. The Regulatory Tortoise, Leticia M. Diaz Jan 2000

Hormone Replacement Therapy, Or Just Eat More Meat: The Technological Hare Vs. The Regulatory Tortoise, Leticia M. Diaz

Boston College Environmental Affairs Law Review

We are a society advancing towards undetermined levels of technological sophistication. As we enter the new millennium, we bring a wealth of highly advanced biotechnology, allowing the synthesis of chemicals and hormones which are designed to kill or alter living organisms. Unfortunately, we as humans fall into the definition of "living organisms. "


Applying The Basic Principles Of Cognitive Science To The Standard State Zoning Enabling Act, Michael J. Mccormack Jan 2000

Applying The Basic Principles Of Cognitive Science To The Standard State Zoning Enabling Act, Michael J. Mccormack

Boston College Environmental Affairs Law Review

Cognitive Science studies cognition by examining problem-solving, establishing general conceptual tools and guidelines by which novices may become experts. Available to problem-solvers of all disciplines, including legislators, these tools offer a means for evaluating legislation. For example, by using these tools to assess the problem-solving effort in Euclidean zoning as embodied in the Standard State Zoning Enabling Ad, it becomes clear that this Act could be improved in several ways: first, by shifting more of tlie decision-making power to those with the most experience; and, second, by mitigating the electoral and judicial constraints upon these decision-makers. These steps will ensure ...