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2003

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Articles 31 - 60 of 179

Full-Text Articles in Law

The Rational Exuberance Of Structuring Venture Capital Startups, Victor Fleischer Aug 2003

The Rational Exuberance Of Structuring Venture Capital Startups, Victor Fleischer

ExpressO

This Article takes the bursting of the dot com bubble as an opportunity to reevaluate the tax structure of venture capital startups. By organizing startups as corporations rather than as partnerships, investors and entrepreneurs seem to leave money on the table by failing to fully use tax losses -- especially since the vast majority of startups fail. Conventional wisdom attributes the lack of attention paid to losses to a "gambler's mentality" or optimism bias. I argue here that the use of the corporate form is, in fact, rational, or at least that there is a method to the madness.

I ...


Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder Aug 2003

Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder

Canadian Journal of Law and Technology

Commentators argue that statutory prohibitions with the force of the criminal law should not be used to regulate new reproductive technologies (NRTs) and novel genetic technologies (NGTs). Bill C-13, the Assisted Human Reproduction Act, however, codifies 10 criminal bans. This paper considers the merits of the various arguments levied against Bill C-13, and the corollary claim that only a "non-prohibitive" model of legislation befits NRTs and NGTs. Three types of arguments are used to critique criminal bans: (1) "Structural" arguments hinge on the constraints of the Canadian legal system - legislation complete with prohibitions runs afoul of the Constitution Act 1867 ...


Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler Jul 2003

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative destruction" of ...


Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey Jun 2003

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"


Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman Jun 2003

Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

12 pages and 16 slides

Includes bibliographical references

"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"


Slides: Managing Risks Associated With Climate-Related Water Supply Variability, Bonnie G. Colby Jun 2003

Slides: Managing Risks Associated With Climate-Related Water Supply Variability, Bonnie G. Colby

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dr. Bonnie G. Colby, Professor of Agricultural and Resource Economics, University of Arizona

5 page "Outline" and 38 slides


Slides: The Myth Of Certainty: Water, Law, And Climate, David H. Getches Jun 2003

Slides: The Myth Of Certainty: Water, Law, And Climate, David H. Getches

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: David H. Getches, Raphael J. Moses Professor of Natural Resources Law, University of Colorado School of Law

16 slides


Slides: Final Panel Questions, Doug Kenney Jun 2003

Slides: Final Panel Questions, Doug Kenney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter and Moderator: Doug Kenney, Natural Resources Law Center

1 slide


Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger Jun 2003

Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)

21 slides


Slides: The Tribal Perspective, Carl "Bud" Ullman Jun 2003

Slides: The Tribal Perspective, Carl "Bud" Ullman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Carl "Bud" Ullman, Director, Water Adjudication Project, Klamath Tribes, Chiloquin, OR

17 slides


Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort Jun 2003

Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

4 pages.

"Summary"

"Professor Denise Fort, University of New Mexico School of Law"


Improved Drought Planning For Arizona, Katharine Jacobs, Barbara Morehouse Jun 2003

Improved Drought Planning For Arizona, Katharine Jacobs, Barbara Morehouse

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Barbara Morehouse

7 pages and 22 slides

Includes bibliographical references

"Katharine Jacobs is currently the Special Assistant for Policy and Planning, Arizona Department of Water Resources."

"Barbara Morehouse is Associate Research Scientist at the University of Arizona’s Institute for the Study of Planet Earth. She manages the Climate Assessment for the Southwest (CLIMAS) project, which is supported by the National Oceanic and Atmospheric Administration’s Office of Global Programs."


Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney Jun 2003

Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 36 slides

"Doug McChesney, Manager, Policy and Planning Section, Washington Department of Ecology"


Slides: California Water And Climate Change, Dan Cayan, Mike Dettinger Jun 2003

Slides: California Water And Climate Change, Dan Cayan, Mike Dettinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dan Cayan, Scripps Institution of Oceanography

32 slides

"Dan Cayan (1,2) 1 Mike Dettinger (2,1) SIO 2 USGS 3"


Slides: Noaa’S Applied Research And Risa, Harvey Hill Jun 2003

Slides: Noaa’S Applied Research And Risa, Harvey Hill

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Harvey Hill, Program Manager, Regional Integrated Sciences and Assessments Program (RISA), National Oceanic and Atmospheric Association (NOAA), Office of Global Programs

19 slides


Implications For Interstate Compacts, With An Emphasis On The Colorado River Basin, James S. Lochhead Jun 2003

Implications For Interstate Compacts, With An Emphasis On The Colorado River Basin, James S. Lochhead

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: James S. Lochhead, Senior Counsel, Brownstein Hyatt & Farber, P.C.

3 slides and 7 pages


The Role Of Climate In Shaping Western Water Institutions, Gregory J. Hobbs, Jr. Jun 2003

The Role Of Climate In Shaping Western Water Institutions, Gregory J. Hobbs, Jr.

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

61 pages.

"Justice Greg Hobbs, June 11, 2003"

This preliminary paper was later published in Justice Gregory J. Hobbs, Jr., The Role of Climate in Shaping Western Water Institutions, 7 U. Denv. Water L. Rev. 1 (2003).


The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman Jun 2003

The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

28 pages.

"Jerry D. Mahlman, Senior Research Fellow, National Center for Atmospheric Research"

"Presented at the Pew Center Workshop on The Timing of Climate Change Policies, The Westin Grand Hotel, Washington, DC, October 10-12, 2001"

"Cite As: Mahlman, J.D. 2001. The Long Time Scales of Human-Caused Climate Warming: Further Challenges for the Global Policy Process. Pew Center Workshop on the Timing of Climate Change Policies, October 10-12, Pew Center on Global Climate Change, Arlington, VA."


The U.S. National Climate Change Assessment: Do The Climate Models Project A Useful Picture Of Regional Climate?, Roger A. Pielke, Sr. Jun 2003

The U.S. National Climate Change Assessment: Do The Climate Models Project A Useful Picture Of Regional Climate?, Roger A. Pielke, Sr.

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

9 pages.

Includes illustrations

"Dr. Roger A. Pielke, Sr., President of the American Association of State Climatologists, Colorado State Climatologist and Professor, Department of Atmospheric Science, Colorado State University"

"From testimony presented to the House Subcommittee on Oversight and Investigations, July 25, 2002, and published in Colorado Water, April 2003, 15-19."


Conference Guidebook: Water, Climate And Uncertainty: An Introduction To The Issues, Language, Literature And The Conference Materials, Doug Kenney Jun 2003

Conference Guidebook: Water, Climate And Uncertainty: An Introduction To The Issues, Language, Literature And The Conference Materials, Doug Kenney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

20 pages.

"Prepared as a Supplement to: Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management, Natural Resources Law Center, University of Colorado School of Law, June 11-13, 2003"

"Doug Kenney, Ph.D."

Includes bibliographical references

Contents:

Part I: What Are Climate Researchers Saying About Western Water? A Guide for Non-Scientists

Part II: What Should Climate Researchers Know About the Realm of Western Water Law, Policy and Management?

Part III: Where to Find Additional Information


Agenda: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, University Of Colorado Boulder. Natural Resources Law Center, United States. National Oceanic And Atmospheric Administration, National Center For Atmospheric Research (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Cooperative Institute For Research In Environmental Sciences, Hydrosphere Resource Consultants, Colorado Foundation For Water Education, Bp North America Jun 2003

Agenda: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, University Of Colorado Boulder. Natural Resources Law Center, United States. National Oceanic And Atmospheric Administration, National Center For Atmospheric Research (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Cooperative Institute For Research In Environmental Sciences, Hydrosphere Resource Consultants, Colorado Foundation For Water Education, Bp North America

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

The swollen creeks of Boulder, Colorado provided a fitting backdrop for the “Water, Climate and Uncertainty” conference at the Natural Resources Law Center of the University of Colorado in June 2003. Recognizing the importance of providing a forum for discussions between water managers, lawyers, policy makers, and scientists, Doug Kenney, the conference's organizer, assumed the responsibility of master of ceremonies, providing thoughtful transitions between speakers and sessions while throwing some humor into the mix. Under his direction, luminaries in the fields of science, law and policy engaged a wide range of issues related to the future of water management ...


Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas Jun 2003

Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.


Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation Jun 2003

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy


Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center Jun 2003

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.


Sealing The Coffin On The Experimental Use Exception, Jennifer Miller May 2003

Sealing The Coffin On The Experimental Use Exception, Jennifer Miller

Duke Law & Technology Review

In a petition for writ of certiorari, Duke University requests that the Supreme Court reverse a Federal Circuit holding that, in its view, "seals the coffin on the experimental use exception for private universities." This iBrief discusses the Federal Circuit's decision in Madey v. Duke University and its possible effects on the progress of science.


Science And International Trade, John Garvey May 2003

Science And International Trade, John Garvey

Boston College International and Comparative Law Review

No abstract provided.


Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth May 2003

Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth

Boston College International and Comparative Law Review

No abstract provided.


The Myth Of Science As A “Neutral Arbiter” For Triggering Precautions, Vern R. Walker May 2003

The Myth Of Science As A “Neutral Arbiter” For Triggering Precautions, Vern R. Walker

Boston College International and Comparative Law Review

This article demonstrates that science cannot be a "neutral arbiter" for triggering precautionary measures, because both making and warranting findings of risk require non-scientific decisions. Making a risk finding requires decisions about the meaning of "risk of harm," about the meaning of any modifiers for that predicate, and about the degree of confidence asserted for the finding as a whole. Determining that the available scientific evidence warrants a finding of risk requires decisions about acceptable degrees of various types of uncertaintynamely, conceptual uncertainty, measurement uncertainty, sampling uncertainty, modeling uncertainty, and causal uncertainty. This article illustrates these decisions using examples from ...


Science And “Post-Discriminatory” Wto Law, Robert E. Hudec May 2003

Science And “Post-Discriminatory” Wto Law, Robert E. Hudec

Boston College International and Comparative Law Review

No abstract provided.


Science And International Trade–Third Generation Scholarship, David A. Wirth, Jeffery Atik May 2003

Science And International Trade–Third Generation Scholarship, David A. Wirth, Jeffery Atik

Boston College Law School Faculty Papers

No abstract provided.