Law Commons^™

Why Technology Provides Compelling Reasons To Apply A Daubert Analysis To The Legal Standard Of Care In Medical Malpractice Cases, Nichole Hines

Duke Law & Technology Review

Traditionally, courts have applied a "customary practice" standard in determining the legal standard of care in medical malpractice cases. Recently, a few courts have abandoned this dated standard and instead applied a Daubert analysis to the standard of care, which focuses on medical evidence that is scientifically based . In light of these recent holdings, this iBrief argues that with the increasing amounts of technologies improving evidence-based medicine, the customary practice standard is no longer a useful or appropriate test for determining the standard of care in medical malpractice cases. By applying a Daubert analysis to an expert’s testimony on …

Policy Tools For Smart Growth In New England, New England Environmental Finance Center

Smart Growth

Across New England communities have been experiencing a rapid outward surge of development away from our community and downtown centers. Effects of sprawl include a loss of wildlife habitat, farm and timber lands; increased costs of community services and higher taxes; auto-dependency, longer commutes, and increased congestion; increases in air and water pollution; a sedentary lifestyle and increased obesity; and losses to one’s sense of place and social ties.

State-level responses to sprawl have surfaced throughout New England in recent years. This report describes 11 examples of these responses, representing all six New England states and a diversity of recent …

2006 Scholars And Artists Bibliography, Daniel J. Simon, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Dan Simon was the guest speaker.

Santa Clara Magazine, Volume 48 Number 2, Fall 2006, Santa Clara University

Santa Clara Magazine

8 - TRUTH, LEGEND, AND JESSE JAMES By Ron Hansen M.A. '95. Jesse James' exploits made him a legend even in his own time. Now the author of the novel The Assassination of Jesse James by the Coward Robert Ford reveals what it takes to get beyond coloring book heroes and villains to understanding a charming psychopath and his killer. Plus insights into the making of the forthcoming film starring Brad Pitt and Casey Affleck.

14 - VIOLENCE IN THE MOVIES By Jim Shepard. Movies keep giving us more motion, more mayhem-which is exactly what we want. But what price …

Santa Clara Magazine Volume 48 Number 1, Summer 2006, Santa Clara University

Santa Clara Magazine

8 - THE MAN BEHIND THE SOUND by Karen Crocker Snell. As a young music-loving soldier in the final days of World War II, John T. "Jack" Mullin '36 went to investigate a German recording device called a magnetophon. His resulting work in sound profoundly affected the field of recorded audio.

14 - THREE ROOMMATES IN PARIS By John Patrick Donnelly, S.J. It has been 500 years since Francisco Xavier and Pierre Favre were born, and 450 years since the death of Ignatius of Loyola. Quite a lot has happened since 1529 at the University of Paris, when the three …

Slides: In The Nick Of Time: Pathways To A Post-2012 Climate Treaty Framework, Annie Petsonk

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Annie Petsonk, Environmental Defense, Washington, DC.

22 slides.

Slides: The Real Biofuel Cycles And The Earth, Biofuels, And Reality, Tad W. Patzek

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Tad W. Patzek, Professor of Petroleum Engineering, University of California at Berkeley, Berkeley, CA

2 pages and 29 slides.

Contains footnotes.

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina

Brigham Young University International Law & Management Review

No abstract provided.

What, If Any, Are The Ethical Obligations Of The U.S. Patent Office? A Closer Look At The Biological Sampling Of Indigenous Groups, Marina L. Whelan

Duke Law & Technology Review

The patenting of biological resources collected from indigenous groups has become a controversial trend. Two U.S. patents in particular, one claiming a cell-line from a 26-year old Guayami woman and one claiming a leukemia virus from a Hagahai man in Papua New Guinea, demonstrate just how volatile this issue has become. This iBrief examines how, in light of such "ethically questionable" patents, the U.S. Patent Office has failed to implement any procedures to identify or curb patent applications involving indigenous peoples.

Proposed Fees And Charges For Section 97 Aquaculture Leases. A Discussion Paper., Department Of Fisheries Western Australia

Fisheries management papers

The purpose of this discussion paper is to propose a schedule and framework of fees for aquaculture leases in Western Australia. This paper will form the basis for detailed discussion and debate between government, industry and other interested stakeholders around the determination of a final schedule of fees to be prescribed for aquaculture lease.

Homeland Security: Engaging The Frontlines - Symposium Proceedings, George H. Baker, Cheryl J. Elliott

George H Baker

The rise of the American homeland security endeavor under the leadership of the new Department of Homeland Security has been heralded by several major national strategy documents. These documents have served to organize efforts at top levels within the government and industry. However, the national strategy guidance is not getting to many organizations and people at the grass-roots level who can make the most difference in preventing attacks, protecting systems, and recovering from catastrophic events, viz. the general citizenry, private infrastructure owners, and local governments. To better understand grass-roots issues and solutions, James Madison University, in cooperation with the Federal …

Invasive Species Definition Clarification And Guidance, Invasive Species Advisory Committee

National Invasive Species Council

Summary

Invasive species are those that are not native to the ecosystem under consideration and that cause or are likely to cause economic or environmental harm or harm to human, animal, or plant health. Plant and animal species under domestication or cultivation and under human control are not invasive species. Furthermore for policy purposes, to be considered invasive, the negative impacts caused by a non-native species will be deemed to outweigh the beneficial effects it provides. Finally, a non-native species might be considered invasive in one region but not in another. Whether or not a species is considered an invasive …

Santa Clara Magazine, Volume 47 Number 4, Spring 2006, Santa Clara University

Santa Clara Magazine

8 - A DREAM OPPORTUNITY by Monte Lorenzet. Santa Clara University's sleep lab is one of just a handful of similar research facilities at undergraduate institutions. Students, alumni, faculty, and the research community are all benefiting from the fledgling lab.

10 - SCIENCE AND SOCIAL JUSTICE by Kim Kooyers. Social entrepreneurs use technology to address some of the world's urgent needs. Last November, some of these innovators were honored at the Tech Museum Awards, an international awards program.

14 - GIGANTES Y CABEZUDOS by Elizabeth Kelley Gillogly '93. In an intensive workshop featuring seasoned artists from Spain, SCU students explored …

Proposed Amendments To The Fish Resources Management Act 1994. Discussion Paper., Department Of Fisheries

Fisheries management papers

The FRMA was implemented on 1 October 1995 following widespread public consultation and support from both Houses of Parliament. The Act implemented a number of significant changes to public administration and made certain advances in many areas (e.g. a public register of authorisations). In the ten years of its operation, the FRMA has demonstrated many strengths, however, experience and changes in policy direction have highlighted certain aspects of fisheries management and law that deserve attention and possible amendment.

Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman

Law Faculty Scholarship

Achieving global access to vaccines, diagnostics, and pharmaceuticals remains a challenge. Throughout the developing world, intellectual property (IP) constraints complicate access to critically essential medical technologies and products. Vaccines for malaria and pandemic strains of influenza, as well as diagnostic and vaccine technologies for SARS, are not only relevant to global public health but are particularly critical to the needs of developing countries. A global access solution is urgently needed. This article offers a timely case‐by‐case analysis of preliminary patent landscape surveys and formulates options via patent pools and other forms of creative IP management to accelerate development and access. …

The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen H. Rothenberg, Alice Wang

Faculty Scholarship

Imagine that a scientist from the state university asks you and your family to participate in a study on a particular gene variant associated with alcoholism. The project focuses on your ethnic group, the Tracy Islanders, who have a higher incidence of alcoholism, as well as a higher incidence of the gene variant, than the general population. You will not be informed whether you have the gene variant, but your participation in the study might help scientists develop drugs to help individuals control their addiction to alcohol. You have a family history of alcoholism, and you are concerned that your …

Recommended Access And Allocation Criteria For The West Coast And Gascoyne Commercial 'Wetline' Fisheries. A Report To The Ministry Of Fisheries., The Commercial Access Panel.

Fisheries management papers

The CAP’s primary responsibility was to develop criteria for access and allocation within the context of the management framework developed by the MPP. It is therefore important that this management paper is read in conjunction with the papers prepared by the MPP that outline the recommended management arrangements for the Gascoyne (Fisheries Management Paper No. 205) and the West Coast (Fisheries Management Paper No. 206) regions.

Need For Cognition And Message Complexity In Motivating Fruit And Vegetable Intake Among Callers To The Cancer Information Service, Pamela Williams-Piehota, Judith Pizarro, Stephanie A. Navarro Silvera, Linda Mowad, Peter Salovey

Department of Public Health Scholarship and Creative Works

This field experiment examined the impact of an individual's need for cognition (NFC; the tendency to enjoy thinking deeply about issues), complex versus simple messages, and the interaction of NFC and message type on encouraging fruit and vegetable consumption. Callers to the Cancer Information Service of the National Cancer Institute (N = 517) were asked to participate in the experiment at the end of their call. Individual NFC was assessed, and participants were assigned randomly to receive a telephone message promoting fruit and vegetable consumption that was either complex and multifaceted or simple and straightforward. Similarly constructed brochures were …

Broad, Deep And Indirect: The Potential Influence Of Neuroscience In Law, Amanda C. Pustilnik

Faculty Scholarship

No abstract provided.

Santa Clara Magazine, Volume 48 Number 3, Winter 2006, Santa Clara University

Santa Clara Magazine

8 - WELCOME HOME, STEVE By Steven Boyd Saum. Basketball superstar Steve Nash '96 comes home to Santa Clara for a unique honor: a ceremony retiring his Bronco jersey. In a convocation address, he tells how Santa Clara changed his life. Now he wants the University to take its mission global.

12 - THE SCHOOL OF HOPE By Martha Ellen Stortz. Scholar and teacher Bill Spohn earned deep affection and the respect of the Santa Clara community in his years directing the Bannan Center for Jesuit Education. When he was stricken with cancer, he and his wife, Marty Stortz, looked …

Wood Measurement Rules, Maine Department Of Agriculture, Food & Rural Resources

Maine Collection

Wood Measurement Rules

Maine Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, Augusta, Maine, 2006.

Contents: Chapter 380: General Provisions / Chapter 381: General Requirements for Wood Transactions / Chapter 382: Measurement of Wood and Declaration of Quantity / Chapter 383: Measurement and Prompt Furnishing of Measurement Tally Sheets / Chapter 384: Complaints and Investigations / Chapter 385: Licensing of Wood Scalers / Appendix

The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins

Faculty Scholarship

We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis

Articles by Maurer Faculty

This article argues that US patent jurisprudence as applied to the plant sciences is moving to a second stage that will be characterized by more by incremental calibration than by spectacular change. The article discusses two doctrines of patent scope that are likely to be implicated in calibrating the utility patent system for the plant sciences: enablement and experimental use. It considers how those doctrines may be refined to serve as calibration tools in the application of patent law to the plant sciences.

Social Software, Groups, And Governance, Michael J. Madison

Articles

Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? The paper argues that this and related questions are appearing more frequently as a number of computer technologies, which I collect under the heading social software, increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. The paper suggests that there may be important social benefits associated with informal groups, and that the law should move towards a framework for encouraging and recognizing them. …

Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

“La Responsabilidad Medioambiental En La Unión Europea: La Directiva 2004/35/Ce”, Luis González Vaqué

Luis González Vaqué

Sumario: I. INTRODUCCIÓN. II. LA DIRECTIVA 2004/35/CE. 1 Objetivos y ámbito de aplicación. 2 Medidas preventivas. 3 Medidas reparadoras. 4 La legitimación para solicitar que se adopten medidas. 5 Garantía financiera. 6 Cooperación entre los Estados miembros. III. CONCLUSIÓN