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Articles 1 - 30 of 53
Full-Text Articles in Entire DC Network
Copyright Law And Electronic Access To Information, Jessica D. Litman
Copyright Law And Electronic Access To Information, Jessica D. Litman
Articles
At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …
Intellectual Property Issues In Genomics, Rebecca S. Eisenberg
Intellectual Property Issues In Genomics, Rebecca S. Eisenberg
Articles
Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Articles
No abstract provided.
Rediscovering Blackstone, Albert W. Alschuler
Pragmatic Adjudication, Richard A. Posner
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Articles
In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …
Right To Die, The, Cass R. Sunstein
General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein
General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein
Articles
On October 27, 1995, the Wake Forest University School of Law hosted the Oliver Wendell Holmes Devise Lecture Series. Professor Cass R. Sunstein, the Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago School of Law, delivered the following remarks as the lecture's keynote address. In addition, the lecture included four distinguished panelists who spoke in response to Professor Sunstein: A.E. Dick Howard, the White Burkett Miller Professor of Law and Public Affairs at the Virginia School of Law; Professor Sheri Lynn Johnson from Cornell Law School; and Professor Michael Kent Curtis and Professor Ronald F. Wright from …
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Articles
No abstract provided.
The Problem Of Social Cost: The Citations, Ronald H. Coase
The Problem Of Social Cost: The Citations, Ronald H. Coase
Articles
No abstract provided.
How Free Is Speech At Work?, Mary E. Becker
Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Articles
No abstract provided.
Social Norms And Social Roles, Cass R. Sunstein
Heidegger And The Theory Of Adjudication, Brian Leiter
Unconditional Relationships, Saul Levmore
The American Dream In Legislation: The Role Of Popular Symbols In Wealth Tax Policy, William S. Blatt
The American Dream In Legislation: The Role Of Popular Symbols In Wealth Tax Policy, William S. Blatt
Articles
No abstract provided.
Common Law Constitutional Interpretation, David A. Strauss
Common Law Constitutional Interpretation, David A. Strauss
Articles
No abstract provided.
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
Health-Health Tradeoffs, Cass R. Sunstein
The Path Away From The Law, Richard A. Posner
The Cost Of Rights: Implications For Central And Eastern Europe--And For The United States, Richard A. Posner
The Cost Of Rights: Implications For Central And Eastern Europe--And For The United States, Richard A. Posner
Articles
No abstract provided.
Property Rights In Cdna Sequences: A New Resident For The Public Domain, Richard A. Epstein
Property Rights In Cdna Sequences: A New Resident For The Public Domain, Richard A. Epstein
Articles
No abstract provided.
Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore
Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Articles
No abstract provided.
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Articles
This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …
Suspension And Disbelief (Or, How Managed Should A Market Be?), Caroline Bradley
Suspension And Disbelief (Or, How Managed Should A Market Be?), Caroline Bradley
Articles
No abstract provided.
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Articles
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …