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It's Been 4380 Days And Counting Since Exxon Valdez: Is It Time To Change The Oil Pollution Act Of 1990, Browne C. Lewis

Law Faculty Articles and Essays

The first Part of this Article examines the liability scheme that existed prior to the EXXON VALDEZ oil spill. In the second Part, the Article analyzes the liability scheme that was created by the Oil Pollution Act of 1990 (OPA). The final Part of the Article evaluates whether the OPA's liability scheme would be able to effectively deal with an oil spill of the magnitude of the EXXON VALDEZ oil spill.

Bargaining Over The Transfer Of Proprietary Research Tools: Is This Market Failing Or Emerging?, Rebecca S. Eisenberg

Book Chapters

This analysis highlights the importance of transactions between prior and subsequent innovators to permit valuable research to go forward across the boundaries of prior patent claims. In a recent article focusing on biomedical research,4 Michael Heller and I argue that too many patent rights on 'upstream' discoveries can stifle 'downstream' research and product development by increasing transaction costs and magnifying the risk of bargaining failures. Just as too few property rights leave communally held resources prone to overuse in a 'tragedy of the commons', too many property rights can leave resources prone to underuse in what Heller calls a 'tragedy …

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida’S Water Resources?, Mary Jane Angelo

UF Law Faculty Publications

This Article explores the link between water management and land use planning. First, in Section II, this Article provides an overview of water management in Florida. Then, in Section III, this Article analyzes the differences between planning and regulatory permitting and asserts that both are needed for effective protection of water resources. Section IV reviews the current role that land use planning plays in water management and the current role that water management plays in land use planning. Section V of this Article concludes by evaluating a variety of recommendations that have been made to improve the integration of the …

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …

On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol

UF Law Faculty Publications

It is difficult to imagine that a cute, little, six-year-old boy would be able to change the favorable socially constructed images of cubanas/os virtually overnight. But that is precisely what happened with Elian and the comunidad cubana en Miami en estos estados unidos. The story is sad and poignant, heart-wrenching and surreal, human and political, civil and social, cultural and economic. It reaches into the souls of all who have fought and lost after having thought that they had fought and won.

This essay explores the transformation of the Cuban community in the eyes of the estado unidense majority …

Race And Races: Constructing A New Legal Actor, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

UC Law SF International Law Review

No abstract provided.

Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde

St. Thomas Law Review

The central theme and thrust of this article is that Jewish law is comfortable with humans as caretakers of nature, even if that entails "correcting" natural genetic flaws, and that the Jewish tradition has a bi-directional definition of humanness, with one being human either by being from a human mother or by being capable of human thought, and that within those parameters genetic engineering is to be treated like any other form of medical treatment, which is proper when used to benefit humanity.

On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick

St. Thomas Law Review

In short, we need to be able to argue about the sacred. The next section contains a few brief remarks about the general idea of the sacred and whether we can and how we can argue about the sacred. In the remainder of the paper, consideration is given to the more specific appeal to the sacred made in discussions about genetic engineering, and some defenses of that notion.

Islam And The New Genetics, Mohamed Fadel

St. Thomas Law Review

Muslims, along with other people of conscience, have followed the recent developments in the field of genetics with a combination of awe and trepidation - awe at the ability of modem science to plumb ever more deeply into the mechanics of life, but with fear stemming from suspicion that these discoveries and the incipient technologies developing in their wake permitting the manipulation of life will not be sufficiently controlled by the higher moral purposes imposed upon us by God. Nevertheless, with the exception of human replication by cloning,' Muslim theologians across the board seem willing to adopt a "wait and …

Innocent Of Empirical Rigor, Derry Ridgway

St. Thomas Law Review

The paper begins, as the research did, with a review of published judicial decisions concerning the medical care of children. It then examines the role played by medical science in those decisions. The review suggests that when American courts make determinations about children's medical care, they customarily do so without knowing or crediting the relevant and available science - a failure of comprehension - or without applying the available empirical knowledge to the case at hand - a failure of scientific reasoning - or both. The paper concludes with a proposal that might bring future decisions into better alignment with …

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

St. Thomas Law Review

No abstract provided.

Community Participation And Representation In Genetic Studies: Testing The Application Of Fundamental Ethical Principles, Arturo Brito

St. Thomas Law Review

Recent advances in the Human Genome Project (HGP) and its promise for the betterment of human health has escalated public consciousness about the science of genetics as well as concern about possible misuse of information garnered from this field. However, it is important to emphasize that neither genetics nor its associated and undesirable ideology of eugenics is new. In fact, eugenics was well established by the close of the 19th century, most influenced by the interpretation of Mendel's famous breeding experiments. Foremost in these explications were the works of biologist Charles Davenport in the United States and the "Victorian polymath" …

Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald

St. Thomas Law Review

No abstract provided.

Protection For Indigenous Knowledge: An International Law Analysis, Miriam L. Quinn

St. Thomas Law Review

A "Medicine Man"' working for the research foundation, Aston Laboratories, lost the cure for cancer. Dr. Robert Campbell, a brilliant research doctor stationed deep in the rainforests of Brazil, is on an assignment that could change the world of medicine forever. He is looking for a type of plant mutation that local medicine men, or witch doctors, use to cure cancer. The research was well-funded for many years until failure to report progress to the sponsoring foundation puts the project on hold. A young scientist, Dr. Rae Crane, goes to his rescue, learns of this magnificent cure and tries to …

The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe

St. Thomas Law Review

Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …

Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb

Fordham Urban Law Journal

Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option. Single-sex education for both genders can be a constructive way to address problems plaguing not only education but the culture as a …

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.

The Justification For Protecting Reasonable Expectations, Bailey H. Kuklin

Hofstra Law Review

No abstract provided.

Inconsistencies In The Legal Status Of An Unborn Child: Recognition Of A Fetus As Potential Life, Mamta K. Shah

Hofstra Law Review

No abstract provided.

Restitution, Rehabilitation, Prevention, And Transformation: Victim-Offender Mediation For First-Time Non-Violent Youthful Offenders, Nancy Lucas

Hofstra Law Review

No abstract provided.

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

Hofstra Law Review

No abstract provided.

A Woman's Right To Choose: Designation Of Fetal Tissue Donees, Timothy J. Fazio

Hofstra Law Review

No abstract provided.

The Uneasy Case For Adverse Possession, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Children At Risk: The Sexual Exploitation Of Female Children After Divorce, Robin Fretwell Wilson

Cornell Law Review

No abstract provided.

Negotiating The Tangle Of Law And Emotion, Laura E. Little

Cornell Law Review

No abstract provided.

No "Dilettante Affair": Rethinking The Experimental Use Exception To Patent Infringement For Biomedical Research Tools, Janice M. Mueller

Washington Law Review

Scientists who require multiple "research tools" (i.e., laboratory resources such as transgenic animals and biological receptors) to develop new drugs and medical diagnostic products are frequently finding that these tools are patented or subject to other proprietary constraints. Stacking royalty obligations and heightened transaction costs resulting from the proliferation of patents on research tools threaten to slow or stop the development of new drugs and devices critical to public health. Because U.S. courts have very narrowly interpreted the common law "experimental use" defense of patent law as limited to "dilettante" uses of inventions for mere "amusement" or "philosophical" inquiry, scientists …

The Professional Athlete: Issues In Child Support, Judith G. Mcmullen

Marquette Sports Law Review

No abstract provided.

Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa

Seattle University Law Review

This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from …

Lesbian Art, Audra Elizabeth Laabs

Minnesota Journal of Law & Inequality

No abstract provided.