Digital Commons Network^™

Recombinant Products And Nonobviousness: A Typology , Philippe Ducor

Santa Clara High Technology Law Journal

No abstract provided.

Enablement Estoppel: Should Prosecution History Estoppel Arise When Claims Are Amended To Overcome Enablement Rejections? , Ted Apple

Santa Clara High Technology Law Journal

No abstract provided.

Issues Surrounding The Patenting Of Medical Procedures, Linda Judge

Santa Clara High Technology Law Journal

No abstract provided.

A Survey Of 35 U.S.C. § 271(E)(1) As Interpreted By The Courts: The Infringement Exemption Created By The 1984 Patent Term Restoration Act, Samuel M. Kais

Santa Clara High Technology Law Journal

No abstract provided.

The Role Of The Federal Government In Assisted Reproductive Technologies, Meena Lal

Santa Clara High Technology Law Journal

No abstract provided.

Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane

Campbell Law Review

No abstract provided.

Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans

Campbell Law Review

This Note examines the effect the Supreme Court's decision in Bennett v. Spear will have when the analysis used is applied to other environmental acts that include citizen-suit provisions. In particular, this Note will address how this decision might affect the protection of wetlands under the Clean Water Act. First, this Note will provide a review of the decision in Bennett v. Spear. Second, this Note will discuss the significance of wetlands and the Clean Water Act. Next, this Note will explain the history of the citizen-suit provision that is a part of so many environmental acts. This Note …

The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young

Touro Law Review

No abstract provided.

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

Solomon's Wisdom Or Solomon's Wisdom Lost: Child Custody In North Dakota - A Presumption That Joint Custody Is In The Best Interests Of The Child In Custody Disputes, Brian J. Melton

North Dakota Law Review

No abstract provided.

The Indian Child Welfare Act: In Seach Of A Federal Forum To Vindicate The Rights Of Indian Tribes And Children Against The Vagaries Of State Courts, B. J. Jones

North Dakota Law Review

No abstract provided.

Sacrificing Legislative Integrity An The Altar Of Appropriations Riders: A Constitutional Crisis, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Articles by Maurer Faculty

No abstract provided.

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …

Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler

Faculty Scholarship

Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …

Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman, Peter Marx, Steven Bauer

Faculty Scholarship

Welcome to the first session of the Internet Law Symposium co-sponsored by the Center for Law and Technologyat Boston University School of Law and the law firm of Testa, Hurwitz & Thibeault.This session will focus on a variety of Internet law and public policy issues and their implications for business.

Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Changing Courts In Changing Times: The Need For A Fresh Look At How Courts Are Run, Judith S. Kaye

UC Law Journal

In this lecture from the Mathew 0. Tobriner Lecture Series at Hastings College of the Law, Chief Judge Judith S. Kaye urges a broader conception of court administration. She presents 'three concrete solutions to today's court administration problem. One is in the area of criminal justice, the second the family courts, and the third the jury system-three areas of court operations that touch large numbers of citizens. She describes these solutions with the hope that the legal and academic communities, as well as the public, will start to evaluate the efficiency of court administration, because the public deserves and demands …

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

UC Law Journal

In what he describes as a "premortem" on Joiner v. General Electric Co., a case before the Supreme Court at the time he is writing, Professor Faigman considers what role appellate courts should have in the evaluation of the admissibility of scientific expert testimony. Unclouded by the conclusions of the Court, Professor Faigman argues that appellate courts should share the active gatekeeping role that the Court created for district courts in Daubert v. Merrell Dow Pharmaceuticals, Inc.

Professor Faigman describes the lower courts' opinions in Joiner, noting that the Eleventh Circuit adopted a somewhat murky heightened standard of appellate review …

Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan

UC Law Journal

No abstract provided.

Defending Genders: Sex And Gender Non-Conformity In The Civil Rights Strategies Of Sexual Minorities, Paisley Currah

UC Law Journal

No abstract provided.

Jeffrey Dahmer And The Cosynthesis Of Categories, Peter Kwan

UC Law Journal

No abstract provided.

Horizontal Jurisprudence And Sex Discrimination, Jean Wegman Burns

UC Law Journal

In this Article, Professor Bums contrasts the vertical jurisprudential style of Title VII with the horizontal approaches found in other, unrelated areas of the law. She argues that Title VII's vertical, top-down development and testing are largely responsible for the law's failure to produce more concrete results or to settle the often acrimonious arguments on the subject of gender equality in the workplace. She advocates supplementing Title VII's onesize- fits-all set of rules with a bottom-up, horizontal approach to rulemaking and rule testing. This will allow those directly affected by the rules to participate in their development and encourage different …

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

Faculty Scholarship

No abstract provided.

Privatizing Same-Sex "Marriage" Through Alternative Dispute Resolution: Community-Enhancing Versus Community-Enabling Mediation, Clark Freshman

Faculty Scholarship

No abstract provided.

On Game Theory And The Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Robert H. Heidt, Eric Rasmusen, Michael Alexeev

Articles by Maurer Faculty

No abstract provided.

The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman

Articles by Maurer Faculty

This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, …

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Taking Care Of Our Daughters, Katharine K. Baker

Cardozo Law Review

In The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies, Martha Fineman gives a powerful critique of the traditional family and proposes an innovative model for change. In the course of her critique, Fineman reveals a number of important truths. Primary among these truths are (1) that dependency begets dependency; (2) that equality rhetoric and practice are vacuous vehicles for justice in a world in which differing degrees of dependency beget different ability; (3) that the privacy and silence of dependency is crucial to patriarchy's construction of the family. Dependencies are created every time a baby is …

Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis

Oregon Law Institute, 1996

Course Materials from the December 6, 1996 Program in Portland