Digital Commons Network^™

Chief Judge Melvin Shortess: A Pencil Sketch From Life, Paul R. Baier

Louisiana Law Review

No abstract provided.

Elementary And Persistent Errors In The Economic Analysis Of Intellectual Property, Edmund W. Kitch

Vanderbilt Law Review

The literature on the economic analysis of intellectual property rights evidences a broad scholarly consensus on a number of central and important issues. First, intellectual property rights en- able economic actors to capture some of the benefits of the investment they make in establishing a good reputation, creating expressive works, and inventing new and improved technology. Absent intellectual property rights, copiers are free to take for themselves a significant part of the economic benefit generated by these types of investment and to undermine the incentive to make these in- vestments in the first place. Second, the investment activities induced by …

Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, J. H. Reichman

Vanderbilt Law Review

How to enable entrepreneurs to appropriate the fruits of their investments in cumulative and sequential innovation' without impeding follow-on innovation and without creating barriers to en- try has become one of the great unsolved puzzles that the law and economics of intellectual property rights needs to address as the new millennium gets underway. This Article draws briefly from my earlier works to identify some of the key historical difficulties en- countered in protecting small grain-sized innovations that do not rise to the level of "novel and nonobvious inventions" or "original and creative works of authorship." It then re-examines these difficulties …

Games Economists Play, Rochelle C. Dreyfuss

Vanderbilt Law Review

When Professor Reichman called me about this symposium, I was intrigued. With the successive introduction of the photocopy machine, the videotape, computerization, digitization, the Internet, as well as a host of biotechnological discoveries, the problems facing the creative industries have changed dramatically. This accumulation of developments has altered the economic foundations on which intellectual property law is based and has pushed those of us in the field into a period of reconceptualization in which economic analysis is particularly fruitful. Thus, I was quite taken with the idea of bringing intellectual property and economics scholars together to promulgate a research agenda …

Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg

Vanderbilt Law Review

Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Journal Articles

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

Unruly Rights, Linda Ross Meyer

Cardozo Law Review

No abstract provided.

Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler

Duke Law Journal

No abstract provided.

Equitable Self-Ownership For Animals, David Favre

Duke Law Journal

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such …

The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball

Duke Law Journal

No abstract provided.

Resource Law Notes Newsletter, No. 50, Fall 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Feds 200, Indians 0: The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps

Vanderbilt Law Review

"Great nations, like great men, should keep their word."' Justice Black, in his dissent in Federal Power Commission v. Tuscarora Indian Nation, encapsulated the failures of two centuries of the United States' relationship with its native Indians. Since establishing the first tentative treaties of the Revolutionary era, the United States has made many broad promises to the Indians. These promises, detailed first in treaties and later in statutes, drew the government and the Indians into a fiduciary relationship. Although this relationship would have consequences for federal/Indian interactions, raising the level of care with which the government would treat its native …

Will Nepa Be "An Agenda For The Future" Or Will It Become "A Requiem For The Past"?: A Book Review Of The National Environmental Policy Act: An Agenda For The Future, Margaret A. Shannon

Buffalo Environmental Law Journal

No abstract provided.

The Globalization Of Criminal Violence, Edgardo Rotman

Cornell Journal of Law and Public Policy

No abstract provided.

F00rs Sgb No. 4 (Bio Engr), Griggs

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred sixty-five dollars and seventeen cents ($1,265.17) to the LSU Department of Biological Engineering Senior Design Project Team to help defray the cost of purchasing hardware and chemicals to be used in the fabrication and testing of a prototype for a student-designed biological reactor that will produce xylitol.

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

Law Faculty Articles and Essays

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd

Duke Environmental Law & Policy Forum

No abstract provided.

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

UF Law Faculty Publications

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …

The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen

Indiana Journal of Global Legal Studies

No abstract provided.

Students' Rights In Indiana: Wrongful Distribution Of Student Records And Potential Remedies, Sandra L. Macklin

Indiana Law Journal

No abstract provided.

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter

William & Mary Journal of Race, Gender, and Social Justice

This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …

The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Regulating Consensual Sex With Minors: Defining A Role For Statutory Rape, Michelle Oberman

Buffalo Law Review

No abstract provided.

Extending Non-Exclusive Parenting And The Right To Protection For Older Foster Children: Creating Third Options In Permanency Planning, Susan Vivian Mangold

Buffalo Law Review

No abstract provided.

No Discretion, Heightened Tension: The Tale Of The Adoption And Safe Families Act In New York State, Sean D. Ronan

Buffalo Law Review

No abstract provided.

Watersheds And The Integration Of U.S. Water Law And Policy: Bridging The Great Divides, Robert W. Adler, Michele Straube

William & Mary Environmental Law and Policy Review

No abstract provided.