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Articles 1 - 28 of 28
Full-Text Articles in Law
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Law and Contemporary Problems
Haack sketches an account of what science is and does that suggests how and why the ways in which scientific work is funded can distort or even block its progress. She puts her theory to work by analyzing the troubled history of the trials--clinical and legal--of Immune Response's AIDS drug, Remune.
Stealing What's Free: Exploring Compensation To Body Parts Sources For Their Contribution To Profitable Biomedical Research, Jo-Anne Yau
ExpressO
It is undisputed in the biotechnology industry that human body parts play a vital role in research. The body parts donors, referred to as "Sources" in this article, are subjected to physical and financial exploitation. Forbidding the explosion of profits from trickling down to the Source presents an irrational inequity. Despite established law, it is evident from case analysis, prevailing social practices, and constitutional interpretation that Source compensation is a plausible solution.
This article proposes a model of compensation for Sources, whereby Sources are compensated based on a proportionate share of the research profits set aside for the Source as …
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Law and Contemporary Problems
In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Law and Contemporary Problems
Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Law and Contemporary Problems
Kaye discusses DNA databanks and the potential use of such databanks for behavioral genetics research. He addresses the concern that DNA databanks serve as a limitless repository for future research and that the samples used in the databanks could be used for research into a crime gene.
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Law and Contemporary Problems
Beecher-Monas and Garcia-Rill consider the unfortunate probability that behavioral genetics evidence will be misused to substantiate predictions of future dangerousness.
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
Law and Contemporary Problems
Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Law and Contemporary Problems
Kaplan discusses the limitations of human behavioral genetics studies, highlighting the research limitations inherent in studying humans and the narrow policy and legal applicability of results arising from behavioral genetics studies.
Behavioral Genetics And Crime, In Context, Owen D. Jones
Behavioral Genetics And Crime, In Context, Owen D. Jones
Law and Contemporary Problems
Jones explains the relationship between behavioral genetics and other disciplines in behavioral biology. He compares the potential contributions of behavioral genetics and behavioral ecology and suggests how the diverging efforts could be joined. He also notes that criminal law is but one of many fields of law potentially affected by behavioral genetics.
Behavioral Genetics: The Science Of Antisocial Behavior, Laura A. Baker, Serena Bezdjian, Adrian Raine
Behavioral Genetics: The Science Of Antisocial Behavior, Laura A. Baker, Serena Bezdjian, Adrian Raine
Law and Contemporary Problems
Baker et al discuss the methodologies and results of behavioral genetics studies, focusing on such traits as antisocial behavior, aggression, and behaviors associated with criminal conduct.
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Law and Contemporary Problems
In light of the abundance of studies focusing on the genetic contributions to addiction, Morse develops a meaningful background on the legal and scientific images of behavior, the disease concept of addiction, and the aspects of addiction for which a person may be held legally accountable.
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt Metzmeier
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt Metzmeier
Faculty Scholarship
The standard law books and databases typically employed in legal research record the foibles and follies of humankind. This article discusses how these resources can be used to research local and family history.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Law and Contemporary Problems
No abstract provided.
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt X. Metzmeier
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt X. Metzmeier
Kurt X. Metzmeier
Dispute Resolution Clauses In International Contracts: An Empirical Study, Ya-Wei Li
Dispute Resolution Clauses In International Contracts: An Empirical Study, Ya-Wei Li
Cornell International Law Journal
No abstract provided.
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Fiona David
ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
Georgetown Law Faculty Lectures and Appearances
This memorial lecture was given at West Virginia University, which houses, among other relevant programs, the Biometric Knowledge Center. The lecture surveys the application of a variety of legal topics to biometrics. Covered areas include basic research funding choices, freedom of speech, association and religion, search and seizure, and informational privacy.
Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.
Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
Language, Literacy And Education In Diverse Contexts: Theory, Research And Practice, Koo Yew Lie, Peter Kell
Language, Literacy And Education In Diverse Contexts: Theory, Research And Practice, Koo Yew Lie, Peter Kell
Faculty of Law, Humanities and the Arts - Papers (Archive)
The articles in this first volume are articles situated in diverse social and institutional environments both in Australia and Malaysia. Here, the scholars discuss literacy, language and education issues from their academic experience in multilingual and multicultural contexts of schools, higher education and cultural communities such as digital and culture consuming communities. Contributors engage in literacy issues emerging from the diversity of communities straddling overlapping local-global contexts as well as communities of practice distinguished in terms of class, ethnicity, religion, spirituality and ideology. These are affiliated through common values and interests which transcend the divides of ethnicity, class, religion and …
Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins
Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins
Faculty Publications
No abstract provided.
My Patent, Your Patent, Or Our Patent? Inventorship Disputes Within Academic Research Groups, Sean B. Seymore
My Patent, Your Patent, Or Our Patent? Inventorship Disputes Within Academic Research Groups, Sean B. Seymore
Vanderbilt Law School Faculty Publications
The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend that the inventive entity is not discovered but rather determined in and through social relationships. Although universities should always strive to promulgate policies which fully comport with the law, the biggest incentive for universities to insist on correct inventorship is financial. I argue that the rise in mentee claims for sole or joint inventorship, as well as the ever-present threat of an inequitable conduct defense in …
Dna Testing, Banking, And Genetic Privacy, George J. Annas
Dna Testing, Banking, And Genetic Privacy, George J. Annas
Faculty Scholarship
"Who am I?” has always been a fundamental philosophical question that may require decades of reflection to answer. With the advent of DNA analysis, there is a growing public impression that the answer may be found in our genes. Various Internet sites offer descriptions of our ancestral history on the basis of our DNA, as well as testing for specific “disease genes” or general profiles that are used to recommend lifestyle changes, such as foods to be eaten or avoided. Researchers have even suggested that although the scientific evidence is speculative and at best probabilistic, many people will want to …
Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas
Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas
Faculty Scholarship
Since September 11, 2001, the threat of bioterrorism has caused Congress and the President to dramatically increase research funding for countermeasures, including funding for new biosecurity laboratories. The new kind of war against non-state actors who use terror to intimidate populations has also made the creation of new ethical and legal rules for researchers seem critical. New laws have been passed, and there have been proposals for new codes of ethics for bioterrorism-related research. Almost five years after September 11, however, the outcome of the development of new research rules remains uncertain.
The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott
The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott
Book Chapters
Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Articles
Recently, researchers have begun to examine the financial service patterns of low- and moderate-income households. These behaviors are of interest because high cost financial services, barriers to saving, the lack of insurance, and credit constraints contribute to poverty and other socioeconomic conditions . Many low- and moderate-income households use alternative financial service (AFS) providers, such as check cashers, for their financial services needs. Tax preparation firms are among the important financial service providers in the lives of low-income households. Such firms help households navigate the complicated process of filing their taxes, and many low-income households obtain sizeable tax refunds. At …
Learning While They Work: The Use Of Student Assistants In Two Academic Law Libraries, Ronald E. Wheeler, Stephanie Davidson
Learning While They Work: The Use Of Student Assistants In Two Academic Law Libraries, Ronald E. Wheeler, Stephanie Davidson
Faculty Scholarship
At the University of New Mexico School of Law Library (UNM), we are effectively using student assistants to help with the completion of faculty research projects. We find that the volume of faculty research that our library is able to complete is far greater due to the effective use of student assistants. During the calendar year 2005, our library completed over 500 research requests for the law school faculty. With only seven professional librarians, without student help, that volume of faculty research would probably not have been feasible.
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
Faculty Publications By Year
In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability. Based on an individual's mental capacity, the law decides whether the individual had sufficient capacity to engage in the action in question. The legal concept of mental capacity, therefore, is the basis for "when a state legitimately may take action to limit an individual's rights to make decisions about his or her own person or property." …
Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring
Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring
Articles
This article brings behavioral biology research on attitude similarity as a kinship cue to bear on the laws, policies, and practices surrounding the placement of children in foster care. The basic logic of the article relies on the nature and power of kinship cues. Individuals perceive others as kin through fallible, often unconscious mechanisms. Because these mechanisms are fallible, individuals may come to believe that unrelated persons are kin.
Once a cue gives rise to the perception of kinship, the individual who acquires this perception about another person is more likely to treat that other person favorably, providing important benefits …