Digital Commons Network^™

Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases, Lori Andrews, Erin Shaugnessy Zuiker

Valparaiso University Law Review

No abstract provided.

Honor Thy Mother And Father: Preventing Elder Abuse Through Education And Litigation, Sande L. Buhai, James W. Gilliam Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Motions 2003 Volume 38 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes

UIC Review of Intellectual Property Law

Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and …

“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek

UIC Review of Intellectual Property Law

The current patent statutes are structured to grant unambiguous patents that give patent holders a right to exclude and provide the public with ample notice of the patented subject matter. Therefore, courts should interpret the scope of a claim using only the specification and the file history, the very tools used by the patent holder and public to define the bounds of the patent. Unfortunately, limiting statements made abroad can be allowed into evidence, creating a way or accused infringers to evade liability. By permitting judges to admit extrinsic evidence for the purpose of providing clarity to a supposedly already …

A Policy Overview, Stephen Utz

Faculty Articles and Papers

No abstract provided.

Women In Traditional Religions: Refusing To Let Patriarchy (Or Feminism) Separate Us From The Source Of Our Liberation, Cheryl B. Preston

MC Law Review

Law and Religion Symposium

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman

SMU Law Review

No abstract provided.

Human Capabilities And Human Authorities: A Comment On Martha Nussbaum's Women And Human Development, Robin West

St. Thomas Law Review

In these comments, I want to fill in that gap. I will highlight and then amplify what I think is missing or underplayed in Nussbaum's treatment of capabilities and women, and that is the role that authority plays-and the role it should and should not play-in guiding states toward a recognition of their obligation to nurture, promote, or protect women's-and men's and children's-human capabilities.

Norms And Interests, Geoffrey P. Miller

Hofstra Law Review

No abstract provided.

Midwifery: Strategies On The Road To Universal Legalization, Laura Hermer

Faculty Scholarship

Multiple studies have shown that direct-entry midwifery is just as safe, if not safer than, medical care in low-risk childbirth. Most births using direct-entry midwives require fewer interventions than those attended by physicians, yet yield excellent results. The results of these studies indicate that we should return to midwifery for normal births, rather than continuing to rely primarily on medicine. This option, however, has been significantly curtailed by many state legislatures and courts, despite decades of attempts to make incursions on the traditional paradigm of hospital births attended by obstetricians. As a result, where midwifery is more readily available, it …

The United Nations And The Magna Carta For Children, Winston E. Langley

McCormack Graduate School General Publications (active until 2013)

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Overall, pesticide use is growing in developing countries. United States' pesticide use changed in content, but remains substantial in volume. Critics of pesticide policy, including many of the speakers at this symposium, are concerned that pesticide problems are worsening. Surprisingly, thirty years after the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") reforms and the victory over DDT, the critics are not yet prepared to declare victory. Even worse from the perspective of environmental pressure groups is the change in attitude toward DDT, a substance whose name invokes extraordinary invective, where the current picture is not quite what the advocacy groups …

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …

Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl

Fordham Urban Law Journal

This Comment examines the arguments for and against the proposal to grant nursing home residents and their guardians a legal right to install video cameras for protection. Part I discusses the current state of federal nursing home regulation. It focuses on the problems impeding effective enforcement of these regulations that have led to the current crisis in nursing home quality of care. Part II examines how the proposed video surveillance might affect various privacy interests within a nursing home setting. Part III addresses the economic concerns of granny cam opponents. Part IV concludes that with careful drafting, federal legislation requiring …

Remarks On Food Safety In Dealing With Genetically Modified Foods, Dallas Hoover

Richmond Journal of Law & Technology

It’s nice to be here, and I appreciate the opportunity to talk with you all. It’s my first time in a School of Law and you certainly have more wood in your rooms than we do in laboratories, so this is a different experience for me. I’m a food microbiologist by training, so to me, food safety means Salmonella and cantaloupe and viruses in cruise ships. With genetically engineered foods, it’s a little bit different because the effects aren’t as dramatic as far as safety issues as what I see in my daily professional life. Also, it’s different because genetically …

Remarks On Regulating Genetically Modified Foods In The United States, Gregory Jaffe

Richmond Journal of Law & Technology

Thank you very much for inviting me here today. I’m going to use PowerPoint here, but I will try to keep my comments brief. I’m going to spend just a minute or two introducing my organization to you and our biotech project. Then I’m going to talk a little about the regulatory system and what I see are some of the inadequacies in the current regulatory environment for agricultural biotechnology.

Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings

Richmond Journal of Law & Technology

Thank you. I’m glad to be here today. Before I launch into my prepared remarks, I do want to correct a couple of things that Greg has just told you. Just for full disclosure, Greg and I shared an office about eighteen years ago when we both worked for the Congressional Office of Technology Assessment. When I arrived in Washington, I spent five years working as an analyst on these sorts of issues. So as I’m about to pound on Greg for knowing a number of things that don’t happen to be true, please be aware that I’m not really …

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan Adler

Richmond Journal of Law & Technology

Thank you. It’s a pleasure to be here, and I appreciate the invitation. What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to …

Panel Remarks On Liability: Liability For Refusing To Use Agricultural Biotechnology, Drew Kershen

Richmond Journal of Law & Technology

Good afternoon. I’m very pleased to be here. I appreciate the offer and the invitation from the Richmond Journal of Law & Technology to speak at this conference. This final panel is really about liability issues related to genetically modified foods or transgenic crops. Now I just want to quickly introduce these three people, and I’m going to start on my far side with Rachel Lattimore. Rachel Lattimore is a lawyer with the firm of Arent Fox in Washington D.C., and she is going to focus her talk – and we’ve sort of agreed among ourselves so we don’t step …

The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller

Scholarly Works

No abstract provided.

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

Utahns For Better Dental Health - Davis, Inc., A Utah Nonprofit Corporation, Plaintiff And Appellant, Vs. Davis County Commission, Commissioner Dan R. Mcconkie, Commissioner Carol R. Page, Commissioner Michael J. Cragun; Davis County Clerk, Steve S. Rawlings, Defendants And Appellees: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

UTAHNS FOR BETTER DENTAL HEALTH - DAVIS, INC., a Utah Nonprofit Corporation, Plaintiff and Appellant, vs. DAVIS COUNTY COMMISSION, Commissioner Dan R. McConkie, Commissioner Carol R. Page, Commissioner Michael J. Cragun; DAVIS COUNTY CLERK, Steve S. Rawlings, Defendants and Appellees

Case No. 20030940-CA District Court Case No. 020801343

The State Of Utah V. Richard Franklin Norris : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is the opening brief of appellant in a direct appeal from Mr. Norris' convictions for attempted communications fraud, a class A misdemeanor, in violation of Utah Code Ann. §§ 76-4-101 and 76- 10-1801, entered in the Third District Court in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese, Judge, presiding.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

The Incoherence Of Punishment In Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

After The Judicial Improvements Act Of 1990: Does The General Federal Venue Statute Survive As A Protection For Defendents?, Mitchell G. Page

University of Colorado Law Review

No abstract provided.

Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez

Faculty Articles

Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …

Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller

Case Western Reserve Journal of International Law

No abstract provided.

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.