Law Commons^™

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.

Foreword, Joe S. Cecil, Gerald T. Wetherington

Law and Contemporary Problems

No abstract provided.

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.

A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

47 pages.

Contains 5 pages of references.

Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper

RISK: Health, Safety & Environment (1990-2002)

Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.

Computer Media For The Legal Profession, Eugene Volokh

Michigan Law Review

A Review of communication media.

Designing And Implementing An Expanded System For Civil Court Data Collection: A South Carolina Study, F. Patrick Hubbard

South Carolina Law Review

No abstract provided.

The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas

Faculty Scholarship

[...]abortion is about more than politics; it is fundamentally about ethics, morals, equality, and religion, and how we think about abortion reveals much about how we are likely to think about other life-and-death issues in contemporary American medical practice. Because politics as currently practiced seems so unprincipled, there have been sporadic attempts to redefine abortion-related issues as ethical questions and to set up national panels and advisory groups to examine various practices and make recommendations about their ethics.

Is Care Enough? Proceed With Care: Final Report Of The Royal Commission On New Reproductive Technologies, Diana Majury

Dalhousie Law Journal

Having just finished reading Proceed with Care: Final Report of the Royal Commission on New Reproductive Technologies, I find that the questions I am left with pertain less to the technologies themselves, although I certainly do have those, and more to the role and effectiveness of royal commissions generally, and this Royal Commission specifically. I am left wondering, Was it worth it? What really was the point of it all? How could we expect any group of seven-or was it nine? well, ultimately five people-to respond with depth and substance to a mandate that required them to "inquire into and …

Maximizing The Return From Genome Research: Introduction, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Professor Field introduces and explains the origins of the symposium.

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

Origins Of The Human Genome Project, Robert Mullan Cook-Deegan

RISK: Health, Safety & Environment (1990-2002)

Dr. Cook-Deegan recounts some of the scientific and political history leading to controversy about the proper mix of private and public roles in pursuing genome research and bringing its fruits to bear, e.g., in preventing and curing disease.

Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg

RISK: Health, Safety & Environment (1990-2002)

Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.

Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar

Duke Law Journal

No abstract provided.

Strategies For Acquiring New Urban Water Supplies, Patricia Mulroy

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel

Georgia State University Law Review

No abstract provided.

Science Courts, Evidentiary Procedures And Mixed Science-Policy Decisions, Carl F. Cranor

RISK: Health, Safety & Environment (1990-2002)

This paper analyzes the potential for science courts to address the social need to regulate human carcinogens and concludes that, on balance, it is not high. From this vantage point, Professor Cranor suggests desiderata for application in other areas where science courts might be used.

Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

8 pages.

Contains references.

Book Review, Allan M. Wheatcraft

RISK: Health, Safety & Environment (1990-2002)

Review of the following book: SHELDON KRIMSKY, BIOTECHNICS AND SOCIETY: THE RISE OF INDUSTRIAL GENETICS. (Praeger 1991) [280 pp.] Bibliography, figures, index, list of acronyms used, tables. LC: 90-23214, ISBN: 0-275-93860-3. [Paper $17.95. P.O.B. 5007, Westport CT 06881.]

Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma

University of Michigan Journal of Law Reform

This Article will explore our society's attitude to prosecuting scientific misconduct, the need to consider prosecution in such cases, and the utility of current statutes available for prosecution. To assist the reader in understanding the issues, this Article will provide some background information about misconduct in scientific research and will include a discussion of some specific incidents. These background materials provide a context for my argument that criminal sanctions should be available to punish scientific misconduct. Finally, I propose a federal criminal statute designed specifically for prosecuting scientific misconduct.

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst

Law and Contemporary Problems

The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.

The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall

Law and Contemporary Problems

The theoretical prospects for medical practice policies to reform malpractice law by giving conclusive defensive effect to medical custom were studied. A practice policy, however rigorous, is of no use if the nature of the claimed error is either incorrect performance of the treatment in question or failure to recognize the correct practice policy to employ by virtue of a falure in diagnosis.

Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills

Law and Contemporary Problems

The effectiveness of early warning systems that are based on incident of occurrence reports in improving medical malpractice claims processing and outcomes was studied. Results showed that malpractice claims established on the basis of early warning incident reports not only involve the full range of injury severity, but also identify claims warranting substantial indemnity payments.

Merit Rating For Physicians’ Malpractice Premiums: Only A Modest Deterrent, John E. Rolph

Law and Contemporary Problems

Results of a study showed that the "targeting" of malpractice-prone physicians from past paid-claims histories is only moderately accurate. It is possible, however, to gather more detailed information about physicians in addition to claims history and premium class that might lead to a more accurate prospective identification of those who will incur future paid claims.

Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney

Law and Contemporary Problems

The possibility of identifying certain variables that might serve as predictors of above- or below-average medical malpractice claims experience was explored. Results showed that it is possible to identify significant risk factors.

Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg

Law and Contemporary Problems

The accelerated-compensation events (ACE) approach in medical malpractice reform was studied. Reforms based on ACE best address the twin goals of making compensation more equitable and avoiding bad outcomes in medical care.