Law Commons^™

What I Have Learned From The Reactions To My Books, Michael Crichton

Chicago-Kent Law Review

No abstract provided.

You Don't Own Me: Recommendations To Protect Human Contributors Of Biological Material After Washington University V. Catalona, Laura B. Rowe

Chicago-Kent Law Review

As research using human biological materials has rapidly developed, so too has the debate over the ownership of these highly valuable materials. Most recently, the Eighth Circuit in Washington University v. Catalona held that research participants do not retain any ownership interest in the biological materials they contribute to research. This note argues that the misguided Catalona decision, in combination with unclear, outdated, and inadequate federal research regulations, has left human contributors of biological material largely unprotected and vulnerable to the goals of researchers, institutions, and biotechnology firms. Accordingly, this note proposes critical amendments to the federal research regulations that …

Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman

Chicago-Kent Law Review

The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Chicago-Kent Law Review

Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …

Human Gene Patents: Proof Of Problems?, Timothy Caulfield

Chicago-Kent Law Review

The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …

The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz Estella Nagle

Luz Estella Nagle

The rule of law in Latin America is under great stress due to ongoing internal armed conflict, the proliferation of criminal gangs and international crime organizations, the presence of international terrorist cells in the region, government corruption, citizens’ loss of faith in their governments, and other social and political factors all conspire to cast the Latin American world into a region of transborder conflict, lawlessness, and long term political and social instability.

This article examines the impact on the rule of law in Latin America from internal armed conflict and its attendant terrorism and human rights violations committed by state …

Same Sex Marriage In Argentina, Martin Hevia, Ezequiel Spector

Martin Hevia

In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latinamerica is not an exception to that rule. Recently, in September 2007, the Argentine National Civil Court of Appeals rejected an injunction brought by a couple of two women that wanted to get married. In the injunction, they said that Art. 172 of the Argentine Civil Code – which requires that marriage be celebrated between individuals of different sex – is unconstitutional. According to the Court, however, the different sex requirement established by Art. 172 has an “objective and reasonable” justification”: the state’s …

Immigrant Remittances, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Remittances, the sending of money from immigrants back to their home countries, are the newest anti-poverty, development activity of the poor to be applauded by international institutions and economists. Exceeding foreign aid and private investment to many developing countries, remittances are being hailed as a new, untapped resource with powerful poverty alleviation and potential development attributes. After presenting the poverty, developmental, and economic characteristics of this new transnational connection between immigrants and their loved ones, as well as the dangerous effects of excessive remittance regulation, the author argues that remittances should be understood as an anti-poverty tool, but not as …

The Failed Law Of Latin America, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Legal Research In The Americas: Where To Begin, Robin Schard

University of Miami Inter-American Law Review

No abstract provided.

Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes

University of Miami Inter-American Law Review

No abstract provided.

Order Without (Enforceable) Law: Why Countries Enter Into Non-Enforceable Competition Policy Chapters In Free Trade Agreements, D. Daniel Sokol

UF Law Faculty Publications

Over the past ten to fifteen years, there has been an explosion of bilateral and regional free trade agreements in Latin America (together, these are called "preferential free trade agreements" or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As effective trade liberalization requires more than just a reduction of tariffs, PTAs include "chapters" in a number of areas of domestic regulation. These chapters address domestic regulation and create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter …

Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper

Faculty Scholarship

This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.

The Global Administrative Law Project: A Review From Brazil, Michelle R. Sanchez-Badin Mrs.

Michelle R Sanchez-Badin Mrs.

This brief article intends to introduce a few lines on the GAL project and to address a couple of ideas on the potentialities of the dialogue that has been established with Latin American scholars, with an emphasis on the Brazilian context. On this basis, its main purpose is to improve the understanding about the current status of GAL debate, in Latin America, as well as to favor a better understanding on the contribution the region is likely to make to GAL analysis, both with empirical cases and academic production in the region and/or in Brazil. I make references mainly to …