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Ip And The Global Public Interest: Challenges And Opportunities, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt from article] Intellectual property (IP) capacity is essential for economic development, particularly as countries transition into the higher technology sectors, for example biotechnology. For developing countries, a commitment to minimal IP rights protection will determine inclusion in the World Trade Organization (WTO), facilitate access to foreign-direct investment, and accelerate economic development. However, on a more fundamental level, capacity in IP management will affect whether a country can provide basic health and nutritional needs for its citizens. For example, sustainable food security presents a serious challenge in many developing countries; as their economies rapidly emerge, urban centers expand, arable land …

The Ever-Expanding Health Care Conscience Clause: The Quest For Immunity In The Struggle Between Professional Duties And Moral Beliefs, Maxine M. Harrington

Florida State University Law Review

No abstract provided.

Custody And Parenting By Persons Other Than Biological Parents: When Non-Traditional Family Law Collides With The Constitution, Gary A. Debele

North Dakota Law Review

No abstract provided.

Federal Rule Of Civil Procedure 52(A) As An Ideological Weapon, Bryan L. Adamson

Florida State University Law Review

No abstract provided.

Counting The Cost Of The Culture Of Corruption: A Perspective From The Field, Michael Keating

Global Business & Development Law Journal

No abstract provided.

For You Alone - Dual-Investor Theory And Fiduciary Relationships, Eugene Schlossberger

McGeorge Law Review

No abstract provided.

From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer

UC Law SF International Law Review

Elite athletes have a long history of using various doping methods to enhance performance, from ingesting cocaine to injecting growth hormones. The World Anti-Doping Agency has taken a number of steps to rid sports of doping to level the playing field for all athletes. A new frontier in doping, however, is beginning to emerge in the form of genetic doping, whereby athletes may alter their genetic makeup to improve performance and speed recovery from injuries. This note discusses various legal implications and concerns of the rising threat of genetic doping to international sports.

End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode

UC Law SF International Law Review

The attention that the Schiavo case has brought to end-of-life decisionmaking presents an opportunity to re-examine current laws addressing treatment for incompetent patients. In the United States, the right to self-determination is the primary value in making treatment decisions for incompetent patients. Alternatively the United Kingdom and Australia recognize a more objective "best interest" approach, and Japan places primary importance on the role of families in end-of-life decisionmaking. This note describes these different approaches to making treatment decisions for patients in persistent vegetative states and explores how the "best interest" and family-centered approaches can inform and improve healthcare law in …

The Indian Boarding School Era And Its Continuing Impact On Tribal Families And The Provision Of Government Services, Ann Murray Haag

Tulsa Law Review

No abstract provided.

Caring Globally: Jane Addams, World War One, And International Hunger, Marilyn Fischer

Philosophy Faculty Publications

Several feminist philosophers, including Virginia Held, Joan Tronto, and Fiona Robinson, see the need for, and the potential of, care ethics for achieving far-reaching political and even global transformation. Tronto recommends that care be used as "a basis for political change" and a "strategy for organizing" (Tronto 1993, 175). Held advocates that "the ethics of care should transform international politics and relations between states as well as within them" (Held 2006, 161).

During and immediately after World War One, Jane Addams attempted to do just that. She sought to bring perspectives and moral sensibilities that have since been theorized in …

Some Thoughts On The American Approach To Regulating Genetically Modified Organisms, Rebecca Bratspies

Publications and Research

No abstract provided.

Transcribed Speech Of Dr. Arthur Derse, Arthur Derse

Annals of Health Law and Life Sciences

No abstract provided.

Making Sense Of The Right To Truth In Educational Ethics: Toward A Theory And Practice That Protect The Fundamental Interests Of Adolescent Students, Anja Matwijkiw, Willie Mack

Intercultural Human Rights Law Review

In this article, we address the theoretical issues, both ethical and purely philosophical, of truth as a human right for adolescent students in public secondary schools. As for the purely philosophical aspect, this concerns ontology which raises the question how can truth exist, while epistemology asks how can people acquire the truth. While the right to truth can also be substantiated by ethics, it would not make sense to advance this right unless "truth" referred to a reality that humans have access to. On our premises, the right to truth is a right to know all education relevant facts which …

The Use And Misuse Of Disclosure As A Regulatory System, Paula J. Dalley

Florida State University Law Review

No abstract provided.

Professionals, Business Practitioners, And Prudential Justice, Peter Madsen

McGeorge Law Review

No abstract provided.

Nevada Institute For Children's Research And Policy Public Health Bills- 2007 Session - Final, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Nevada Institute for Children's Research and Policy Public Health Bills- 2007 Session - Final

The Proper Scope Of Patentability In International Law, Shawn J. Kolitch

Marquette Intellectual Property Law Review

Patent law encourages innovation, but the harm caused by some inventions may outweigh the benefits of disclosure. This article examines the environmental and public health consequences of patent laws around the world and argues that the patent incentive should be selectively removed to mitigate the harmful effects of granting patents without regard to the invention-specific impacts of doing so.

What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson

Law and Contemporary Problems

Of particular interest in the issue of cruelty to farmed animals is the 2003 decision by the Supreme Court of Israel, sitting as the High Court of Justice, annulling, on animal cruelty grounds, regulations regarding the force-feeding of geese for the production of foie gras, and, ultimately, prohibiting the practice and thereby eradicating the industry.

In Defense Of Prometheus: Some Ethical, Economic, And Regulatory Issues Of Sports Doping, Richard A. Posner

Articles

No abstract provided.

Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein

ILSA Journal of International & Comparative Law

America has struggled through over a half a century of frustration trying to create a viable framework for the establishment, modification, and enforcement of child support obligations.

Genomics & Ethnicity: Using A Tool In The U.S. Environmental Protection Agency's Environmental Justice Toolkit, David L. Mcmurray Jr.

Journal of Health Care Law and Policy

No abstract provided.

Legislative Updates

The Modern American

No abstract provided.

The Development Of Biofuels Within The Context Of The Global Water Crisis, Sara Hughes, Lena Partzsch, Joanne Gaskell

Sustainable Development Law & Policy

No abstract provided.

Customary International Humanitarian Law And Multinational Military Operations In Malaysia, Drew R. Atkins

Washington International Law Journal

The International Committee of the Red Cross published a study in 2005 identifying rules of customary international law applicable to armed conflict and theoretically binding on all nations. This study found that customary state practice has come to encompass and in some cases exceed protections contained in the Additional Protocols of 1977 to the Geneva Conventions of 1949, regardless of their applicability to a given conflict. These findings may impact the domestic law enforcement practices of states not parties to Additional Protocol II, which regulates non-international armed conflict. Furthermore, the study may have indirect effects on military cooperation and legal …

Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe

Northwestern Journal of International Law & Business

The bankruptcy of the Enron Corporation in December 2002 is the biggest corporate bankruptcy in U.S. history. The Houston-based company, formed in 1985, became the nation's seventh-largest company in revenue by buying electricity from generators and selling it to consumers. Because Enron made the market in energy trading, its collapse fundamentally altered the U.S. energy trading industry. Equally important, the disclosure of Enron's role in California's power market crisis shattered confidence in deregulated wholesale-electricity and natural gas markets, creating obstacles for new players seeking to restore confidence in energy trading markets. New market entrants offer their clients a more complete …

Food Supplements Directive: An Attempt To Restore The Public Confidence In Food Law, Fiona Lecong

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen

Loyola University Chicago International Law Review

No abstract provided.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien Hylton

Fordham Urban Law Journal

This Essay argues that the current trend focusing on the law and economics theory does a disservice to the full-spectrum of legal issues. Law and economics, according to the author, is a value -neutral approach to the law. It fails to take into account poverty and other social values when thinking about the law. Finally, law schools should recalibrate their approach and, in some instances, take social values into account when teaching the law.

Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner

Journal of Health Care Law and Policy

No abstract provided.