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Full-Text Articles in Science and Technology Law
Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Jack M. Beermann, Clive B. Jacques
Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Jack M. Beermann, Clive B. Jacques
Faculty Scholarship
In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …
Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman
Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman
Faculty Scholarship
No abstract provided.
The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman
The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman
Faculty Scholarship
No abstract provided.
Information Technology And Non-Legal Sanctions In Financing Transactions, Ronald J. Mann
Information Technology And Non-Legal Sanctions In Financing Transactions, Ronald J. Mann
Faculty Scholarship
This Essay investigates the effect of advances in information technology on the private institutions that businesses use to resolve information asymmetries in financing transactions. The first part of the Essay discusses how information technology can permit direct verification of the information, obviating the problem entirely; the Essay discusses the example of the substitution of the debit card for the check, which provides an immediate payment that obviates the need for the merchant to consider whether payment will be forthcoming when the check is presented to the bank on which it is drawn.
The second part of the Essay discusses how …
Genetic Testing For Susceptability To Disease From Exposure To Toxic Chemicals: Implications For Public And Worker Health Policies, Michael S. Baram
Genetic Testing For Susceptability To Disease From Exposure To Toxic Chemicals: Implications For Public And Worker Health Policies, Michael S. Baram
Faculty Scholarship
The Environmental Genome Program intends to identify "susceptibility genes" that would indicate if a person is more vulnerable to cancer or other disease as a result of exposure to certain chemicals in the workplace, the environment, foods, or other products. Research findings and the capability to test persons for such genes are likely to impugn and challenge health policies and regulatory programs that do not take genetic susceptibility into account when conferring health benefits and restricting chemical exposures. This article focuses on the Occupational Safety and Health Administration (OSHA) and discusses four options available to this agency for protecting genetically …