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Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg

Articles

As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …

Linking The Visions, James Boyd White

Articles

It is a major tendency of legal studies in our time to focus upon questions of general social policy, with argument centered on which theory or methodology ought to determine such matters. My own attention has been differently focused, on the nature and quality of legal thoughts itself, and of legal expression. It is to these matters that the work I do with the humanities – literature, classics, philosophy, and translation – many speaks.

Three Faces Of Private Property, Michael A. Heller

Articles

Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …

A Tribute To Justice: Justice Daniel J. O'Hern, Alan B. Handler

Seton Hall Law Review

No abstract provided.

Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber

Seton Hall Law Review

No abstract provided.

Taking Race Out Of The Equation: Transracial Adoption In 2000, Suzanne Brannen Campbell

SMU Law Review

No abstract provided.

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.

Probate And Trusts - Case Law Update/Statutory Update, Gerry W. Beyer, Jerry Frank Jones

SMU Law Review

No abstract provided.

Instream Flows In New Mexico, Denise D. Fort

Faculty Scholarship

Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.

Paul Blackner V. The State Of Utah, Department Of Transportation, Utah Department Of Transportation, And City Of Alta : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from the Third Judicial District Court Salt Lake Department, Salt Lake County Honorable William B. Bohling

Rick F. Nott V. Jody M. Lilly : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT APPEAL FROM THE SECOND DISTRICT DAVIS COUNTY JUDGE THOMAS L. KAY

Space Invaders: Critical Geography, The Third World In International Law And Critical Race Theory, Keith Aoki

Villanova Law Review (1956 - )

No abstract provided.

Marijuana As A Schedule I Substance: Political Ploy Or Accepted Science?, Annaliese Smith

Santa Clara Law Review

No abstract provided.

The Trigger Of Coverage For Cancer: When Does Genetic Mutation Become "Bodily Injury, Sickness, Or Disease"?, Donald T. Ramsey

Santa Clara Law Review

No abstract provided.

The Human Genome Diversity Project And The New Biological Imperialism, Cindy Hamilton

Santa Clara Law Review

No abstract provided.

Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.

The Scholar: St. Mary's Law Review on Race and Social Justice

The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA).  Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Faculty Publications

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …

In Re Adoption: Baby Boy Vedadi : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is an Appeal from a Final Judgment Entered on May 1, 2000, Denying Appellant's Motion to Hold Utah Code Ann. § 78-30-4.14 (2) (b) (iii) Unconstitutional, and a Final Judgment Entered on August 23, 1999, Finding that Appellant Failed to Comply with U.C.A. § 78-30-4.14 (2) (b) (iii); and Thus Was Not Entitled to Contest the Adoption of His Biological Son, Both Having Been Entered After a Bench Trial before the Honorable Judge Roger Livingston, in the Third District Court in and for Salt Lake County, Utah.

Travis B. Davis V. Elizabeth Anne Davis And Sandy Thornock And George T. Thornock : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, THE HONORABLE GARY D. STOTT, JUDGE

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …

Utah Department Of Environmental Quality, Division Of Drinking Water And Kevin Brown : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGMENT AND ORDER DENYING TRIAL DE NOVO OF THE THIRD DISTRICT COURT OF TOOELE COUNTY THE HONORABLE DAVID S. YOUNG

Jayni Searle V. Boyd And Dorothy Searle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A FINAL ORDER OF THE THIRD DISTRICT COURT, HONORABLE LESLIE A. LEWIS PRESIDING

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Faculty Works

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treat­ment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

My conclusions about the application of therapeutic jurispru­dence to the appellate courts are admittedly tentative ones: my day job is sitting as a state general jurisdiction trial judge, not as an appel­late court judge. Although …

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker

Cleveland State Law Review

In addition to the need for homes for children without any legally recognized parent, the need for a child who already has one legal parent to be adopted by the parent's gay or lesbian partner who is already serving as a de facto parent is very important to the child's emotional stability and material well being. This type of adoption, frequently referred to as a "second-parent" adoption,' is the focal point of this article. However, the matters discussed herein also apply directly and by analogy to situations where gay and lesbian couples and heterosexual unmarried couples desire to jointly adopt …

The Moral Hazard Of The Estate Tax , Carolyn C. Jones

Cleveland State Law Review

The current debate about wealth transfer taxation has its themes of morality as well. Opponents have labeled the tax as “immoral.” Taxation is about morality. It is both useful and necessary to consider moral arguments in the debate about the estate tax. In an area largely consigned to economists and philosophers, it is beneficial to broaden perspectives. One could expand the range of academic disciplines considered-to history, psychology, and sociology, for example. One should also take into account the narratives of those affected by the issue. This essay can only probe into this question, beginning with Andrew Carnegie and the …

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow

Hofstra Law Review

No abstract provided.

The Misbegotten Libel-Proof Plaintiff Doctrine And The "Gordian Knot" Syndrome, Joseph H. King Jr.

Hofstra Law Review

No abstract provided.

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Hofstra Law Review

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status.

This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …

Redefining Science To Accommodate Religious Beliefs: The Constitutionality Of The 1999 Kansas Science Education Standards, Coleen M. Mcgrath

NYLS Law Review

No abstract provided.