Digital Commons Network^™

Ethics At The End Of The Century: A Mosaic Form Genesis To Genetics, David H. Smith

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

The Ethics Center: Tenth Anniversary, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

The Death Of Law Reviews Has Been Predicted: What Might Be Lost When The Last Law Review Shuts Down?, Howard A. Denemark

Seton Hall Law Review

No abstract provided.

Seeking The Wisdom Of Solomon: Defining The Rights Of Unwed Fathers In Newborn Adoptions, Scott A. Resnik

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Communications Decency Act: Protecting Children From On-Line Indecency, Laura J. Mckay

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Brief Of Amicus Curiae State Of Oregon In Support Of Appellant - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Children Going West, Kenneth Anderson

Book Reviews

(Review Essay of Hillary Clinton, it Takes a Village) This Times Literary Supplement (London) review essay from 1996 takes up Hillary Rodham Clinton's It Takes a Village and Other Lessons Children Teach Us, and Emmy E. Werner's, Pioneer Children on the Journey West. The review takes a tough line against the therapeutic yet simultaneously authoritarian ethic of Clinton's book; it argues that Clinton has essentially conflated a set of local community institutions - places of identity - with state institutions of therapeutic and social control - bureaucratic loci of state management of deracinated, passive individuals. It sets this against the …

Newsletter - 1996-07-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Santa Clara Magazine, Volume 38 Number 3, Summer 1996, Santa Clara University

Santa Clara Magazine

6 - THE BEATEN TRACK SCU Psychologist Stephanie Etukudo and Senior Lecturer in English Jeffrey Zorn debate whether ability groupings serve students' best interests.

12 - WHAT WOULD SOLOMON SAY? Adoptions gone awry trigger controversy over how to safeguard the rights of parents while protecting the welfare of the child. By Elizabeth Fernandez '79

18 - A THIRST FOR HEALING A pilgrim to Lourdes finds that the cures offered by the blessed waters can be mostly invisible. By Dee Danna '68 (MBA '72)

24 - THE FLOWERING OF SANTA CLARA UNIVERSITY For more than a century, the Mission Gardens have …

Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom

Buffalo Journal of International Law

No abstract provided.

Emerging Markets Liability In Latin America, Richard J. Cata

University of Miami Inter-American Law Review

No abstract provided.

The Federal Role Under The Surface Mining Control And Reclamation Act Of 1977 (Smcra) On Nonfederal Lands After State Primacy, Robert E. Beck

Tulsa Law Review

No abstract provided.

When A Hospital Becomes Catholic, Lisa C. Ikemoto

Mercer Law Review

Mention of this topic-the potential elimination of health services resulting from a merger or affiliation between Catholic and non-Catholic hospitals-rarely triggers discussions about "community health." It does trigger comments about abortion' and First Amendment Free Exercise and Establishment concerns.2 Some have characterized the issues arising out of these alliances as "women's reproductive health" issues,' but few have described the issues in terms of community health. Perhaps the phrase, "women's reproductive health," suggests why. Women's health is often understood to be reproductive health, or as the narrower issue, abortion. Unfortunately, it seems to go without saying, that women's reproductive health is …

Fsu Law Magazine (Summer 1996), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.

Update - July 1996, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Stress and Distress in Pediatric Nurses: The Hidden Tragedy of Baby K
-- Ethics Grand Rounds: The Year in Review
-- CEJA Reverses Its Stance on Using Anencephalic Neonates as Live Organ Donors
-- AMA Council's Ethics Overwhelmed by Public Sentiment

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

Ecosystem Management And The Everglades: A Legal And Institutional Analysis, Thomas T. Ankersen, Richard Hamann

UF Law Faculty Publications

Three dominant themes can be distilled from ongoing efforts to identify a set of generic principles to guide the management philosophy known as ""ecosystem management."" These include: (1) the notion of boundaries, both geographical and institutional; (2) scientific uncertainty; and (3) governance. This article analyzes the manner in which the present legal and institutional framework for environmental management addresses these themes.

Part II identifies the problems inherent in defining the appropriate management unit for ecosystem management and in delineating the unit's boundaries in the face of inherently complex and unstable ecological factors. Part II also considers the more insidious institutional …

Equality As The Primary Constitutional Value: The Case For Applying Employment Discrimination Laws To Religion , Jane Rutherford

Cornell Law Review

No abstract provided.

Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith

Indiana Law Journal

No abstract provided.

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Indiana Law Journal

No abstract provided.

Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff

Washington International Law Journal

A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

The Fda And The Biotechnology Indutry: A Symbiotic Relationship?, Tanya E. Karwaki

Washington Law Review

Food and Drug Administration (FDA) regulatory reform has become a controversial, politically charged issue of particular significance to the biotechnology industry. The fundamental factors driving the movement for FDA reform include the prohibitive costs associated with developing a product approved by the FDA and the pressure to participate in the international harmonization of biotechnology product regulations. Two recent Congressional bills, Senator Kassebaum's Food and Drug Administration Performance and Accountability Act of 1995, and Representative Burr's Drug and Biological Products Reform Act of 1996 provide vehicles for analyzing the direction and goals of FDA reform as they apply specifically to the …

Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan

Northern Illinois University Law Review

This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.

Spousal Incompetency And The Charter, Hamish Stewart

Osgoode Hall Law Journal

This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …

An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …