Digital Commons Network^™

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley

The University of New Hampshire Law Review

Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …

Co-Operation In Health And Safety: A Game Theory Analysis, Sylvie Nadeau

The University of New Hampshire Law Review

[Excerpt] “Health and safety managers face complex challenges in today’s production environments. They are confronted with increasingly flexible, autonomous and polyvalent contexts. Asymmetry of information on the workplace is widespread because various intervening parties rely on information lacking conformity. Social partners generate and use information which supports or benefits their pursuit of differing goals. Ascertaining and controlling this information can prove both difficult and costly. When addressing health and safety issues, one intervening partner alters or changes behavior in response to changes introduced by the other side. Strategic behaviors result, based on post-contract opportunism (moral hazard) and alliances with partners …

Risk Perception Regarding Energy Production: Factor Structure In A French Sample, Etienne Mullet, Anne Bertrand, Cécilia Lazreg, Sheila Rivière Shafighi

The University of New Hampshire Law Review

[Excerpt] "Considering that energy production is a key factor in the development of nations, it is important to have detailed information on the risks attributed by lay people to the different types of energy as well as the different stages of energy production. This study reports on the structure of risk perception with regard to energy production found among French participants. There have already been many investigations of risk perception related to energy production. . . .

The present study is a direct extension of the Mullet study. A similar, although more complete, set of items was used. These items …

Reply To Dr. Tengs’ Response, Lisa Heinzerling

The University of New Hampshire Law Review

[Excerpt] "The primary aim of my article “Five-Hundred Life-Saving Interventions and Their Misuse in the Debate Over Regulatory Reform” was to dispel the myth that had grown up around the studies Dr. Tammy Tengs published with Dr. John Graham: that is, the idea that government regulation is responsible for, in Dr. Graham’s words, the “statistical murder” of 60,000 people in the United States every year. As I demonstrated in my article, nothing in the work of Drs. Tengs and Graham supports Dr. Graham’s recurring charge of statistical murder through regulation. And nothing in Dr. Tengs’ response to my article casts …

A Method For Modeling Low-Probability, High- Consequence Risk Events: Vessel Traffic On The Lower Mississippi River, George Wooddell, Robert Gramling, Craig J. Forsyth

The University of New Hampshire Law Review

[Excerpt] "A variety of commodities, from chlorine to corn and petroleum to passengers, are transported on the lower Mississippi River regularly. Corn, wheat and coal are the most commonly carried commodities. From a human health and safety perspective, these are relatively benign products in that a vessel accident and spill of these are not directly hazardous to people, whatever other ecological disturbances may ensue. However, over eighty million tons of petroleum products are transported on the river annually. Over a million tons of liquid natural gas traverse the river through the center of New Orleans. Additionally, over 400,000 tons of …

A Response To Lisa Heinzerling's Article “Five-Hundred Life-Saving Interventions And Their Misuse In The Debate Over Regulatory Reform”, Tammy O. Tengs

The University of New Hampshire Law Review

[Excerpt] "I am writing in response to Lisa Heinzerling's article “Five-Hundred Life-Saving Interventions and Their Misuse in the Debate Over Regulatory Reform,”1 published in the Spring 2002 issue of Risk: Health, Safety & Environment. Dr. Heinzerling comments on two papers that my colleagues and I, affiliated with the Harvard Center for Risk Analysis, produced as part of research funded by the National Science Foundation over a decade ago. The first is the article “Five-Hundred Lifesaving Interventions and Their Cost-Effectiveness,” published in the journal Risk Analysis in 1995. In this article we described the cost per year of lives saved of …

How Should Governments Address High Levels Of Natural Radiation And Radon--Lessons From The Chernobyl Nuclear Accident And Ramsar, Iran, S. M. Javad Mortazavi, M. Ghiassi-Nejad, Azam Niroomand-Rad, P. Andrew Karam, John R. Cameron

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

The authors discuss the high levels of natural background radiation in Ramsar, Iran, and offer data indicating that this has had little effect on the health of Ramsar's inhabitants. The authors then examine the implications their research could have for public health policy.

Review Of: Eat Your Genes: How Genetically Modified Food Is Entering Our Diet (Stephen Nottingham Ed.), Natalie Duval

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

Review of the book: "Eat Your Genes: How Genetically Modified Food Is Entering Our Diet," by Stephen Nottingham, (St. Martin's Press 1999). Introduction, Glossary, Bibliography, Index. ISBN 1-85649-578-7 [212 pp. $17.95. Softbound, St. Martin's Press, Inc., New York, NY 10010].

Internet Media In Technological Risk Amplification: Plutonium On Board The Cassini-Huygens Spacecraft, Christine M. Rodrigue

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

The author discusses how the Cassini controversy demonstrates the power of the Internet, particularly listservs and Usenet groups, and how this resource offers political activists an opportunity to affect the agendas of risk management policy decision-makers.

Examining Recent Expert Elicitation Judgment Guidelines: Value Assumptions And The Prospects For Rationality, Patricia Fleming

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

This paper was presented at the VALDOR Symposium, Stockholm, June 1999. The author examines the value assumptions in the U.S. Department of Energy and Nuclear Regulatory Commission guidance on the use of expert judgment relating to high level nuclear waste disposal site selection.

Review Of: Joe Thornton, Pandora's Poison: Chlorine, Health, And A New Environmental Strategy, William Ronnenberg Jr.

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

Review of the book Pandora's Poison: Chlorine, Health, and a New Environmental Strategy by Joe Thornton, (M.I.T. Press 2000). Appendices, notes, references, index. LC 99-057011; ISBN 0-262-20124-0 [599 pp. $34.95 cloth, Five Cambridge Center, Cambridge MA 02142-1493] .

Pesticide Residue Regulation: Analysis Of Food Quality Protection Act Implementation, Linda-Jo Schierow

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

Dr. Schierow discusses the effects of a recent statute on food safety.

The Impacts Of Using A Safety Compliance Standard In Highway Design, Paul J. Ossenbruggen

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

Dr. Ossenbruggen introduces an algorithmic method to objectively test and evaluate safety in the highway design process.

Introduction: The Challenge Of Risk Communication In A Democratic Society, Richard C. Rich, Robert J. Griffin, Sharon M. Friedman

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

The symposium editors review key issues concerning the relationship between risk communication and public participation.

Media Coverage Of Epa's Draft Dioxin Reassessment Report, Sharon M. Friedman, Megan A. Fitzpatrick, Brenda P. Egolf

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

Using content analysis, the authors examine the utility of news media in democratic decision making.

Looking Back: Cyclamate, Allan Mazur, Kevin Jacobson

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

The second in a series re-evaluating hazards identified in the 1950s and 60s.

Institutional Controls For Contaminated Sites: Help Or Hazard, Mary R. English, Robert B. Inerfeld

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

The authors discuss the different institutional controls available to control long term site remediation of hazardous waste to prevent exposure to residual contamination.

Review Of: Frank Pearce & Steve Tombs, Toxic Capitalism: Corporate Crime And The Chemical Industry (Dartmouth Publishing Co. 1998), Jonathan Gatmaitan

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

Review of the Book: Frank Pearce & Steve Tombs, Toxic Capitalism: Corporate Crime and the Chemical Industry (Dartmouth Publishing Co. 1998). Conclusions, notes, introduction, preface ISBN 1-85521-950-6 [372 pp. Hardbound $72.00 Old Post Road, Brookfield, VT 05036.]

Looking Back: Synthetic Turf And Football Injuries, Allan Mazur, Jennifer Bretsch

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

From the Astrodome to Astro-Turf, the authors revisit the issue of sports injuries and synthetic surfaces. The first in a series of comments exploring historic risk topics.

The Rationale For Negligible Risk Exemptions In The Telecommunications Act Of 1996: Cellular Phone And Personal Communication System Transmitters, Gregg H. Claycamp

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

Dr. Claycamp explains the adequacy of current legislation and regulation.

Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh

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

Dr. Ramesh argues that microchip implantation is both possible and, for some purposes, desirable and suggests that now is the time to consider strategies for preventing potentially grievous intrusion into personal privacy.

Physical And Managed Risk Of Nuclear Waste, Lennart Sjöberg, Britt-Marie Drottz-Sjöberg

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

The authors describe their work on the perceived risk of nuclear waste in Sweden. Three levels of waste were studied, and comparisons between the perceptions of the public, politicians and nuclear experts are made.

Book Review Of Alla Yaroshinskaya, Chernobyl: The Forbidden Truth, John M. Gleason

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

Review of the book: Alla Yaroshinskaya, Chernobyl: The Forbidden Truth (Michele Kahn & Julia Sallabank, trans. University of Nebraska Press 1995). Introduction, foreword, list of illustrations, photographs. ISBN 0-8032-4912-8. [136 pp. Cloth $25.00; Paper $10.00. 312 N. 14th Street, Lincoln NE 68588-0484.]

The Decision To Reactivate A First-Generation Soviet Nuclear Power Plant: Conceptual And Decision-Analytic Frameworks, John M. Gleason

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

Explores a variety of factors that led to reopening the Armenian Metsamor facility notwithstanding general agreement that this is unwarranted technologically.

Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford

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

Explains the basis for his strong dissent to an NAS report on Yucca Mountain.

Academy Recommendations On The Proposed Yucca Mountain Waste Repository: Overview And Criticisms, Kristin S. Shrader-Frechette

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

Offers alternative criticism of the NAS report.