Digital Commons Network^™

But Do You Have To Tell My Parents - The Dilemma For Minors Seeking Hiv-Testing And Treatment, 27 J. Marshall L. Rev. 493 (1994), William Adams

UIC Law Review

No abstract provided.

The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly

UIC Law Review

No abstract provided.

The Juvenile Death Penalty: In The Best Interests Of The Child?, Suzanne D. Strater

Loyola University Chicago Law Journal

No abstract provided.

Rights Of Unwed Fathers And The Best Interests Of The Child: Can These Competing Interests Be Harmonized? Illinois' Putative Father Registry Provides An Answer, Susan Swingle

Loyola University Chicago Law Journal

No abstract provided.

A Deweyan Perspective On The Economic Theory Of Democracy, Margaret Jane Radin

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Discussion After The Speeches Of Gary Hufbauer And David Crane

Canada-United States Law Journal

No abstract provided.

Endangered Species Act Reauthorization: Congress Proposes A Rewrite With Private Landowners In Mind, Douglas L. Huth

Oklahoma Law Review

No abstract provided.

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Maryland Law Review

No abstract provided.

Legislating Surrogacy: A Partial Answer To Feminist Criticism, Abby Brandel

Maryland Law Review

No abstract provided.

Premenstural Syndrome: The Debate Surrounding Criminal Defense, Lee Solomon

Maryland Law Review

No abstract provided.

Our Federalism, Our Hazardous Waste, And Our Good Fortune

Maryland Law Review

No abstract provided.

State Of Utah, Department Of Social Services, Ex Rel. Laramite County, Wyoming Ex Rel. Terry Mcninch V. Terry L. Westmoreland : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM DECREE OF PATERNITY, JUDGMENT AND ORDER OF SUPPORT ENTERED ON FEBRUARY 27, 1995, BY THE HONORABLE BEN H. HADFIELD, FIRST JUDICIAL DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH

Medical Device Eligibility For The Statutory Experimental Use Exception To Patent Infringement, Veronica Lanier

UC Law SF Communications and Entertainment Journal

Federal patent laws grant exclusive rights to inventors and prohibit infringement of these rights. The Food, Drug, and Cosmetic Act (FDCA) exempts from patent infringement activities undertaken to meet regulatory requirements that delay commercial marketing of certain products regulated by the FDCA. The Supreme Court held the exception applicable to medical devices subject to significant premarket regulatory delay, but the recent district court decision of Baxter Diagnostics, Inc. v. AVL Scientific Corp. restricted the experimental use exception to those medical devices that must meet specific premarket approval requirements. This Note examines the codification and judicial interpretation of the statutory experimental …

The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman

UC Law SF Communications and Entertainment Journal

The TRIPS Agreement establishes universal minimum standards of intellectual property protection that will enable software producers to repress the wholesale duplication of their products in the global marketplace. These standards, however, will not effectively require World Trade Organization member states to issue software patents or to provide copyright protection for the functionally determined components of computer programs that account for most of their commercial value. Nor does this Agreement prevent the reverse engineering of technical ideas by honest means if competitors express their analytical results in independently created programs.

This Article discusses the impact of the TRIPS provisions governing patents, …

Software Patents: Myth Vs. Virtual Reality, Jeffrey J. Blatt

UC Law SF Communications and Entertainment Journal

This Article discusses issues concerning the patenting of software-related ideas. It provides a brief history of the law concerning patents related to algorithms up to the Federal Circuit's recent decision in In re Alappat. The Article then discusses various myths related to the lack of availability for software patent protection, the type of companies that are obtaining software patents, copyright protection versus patent protection, unavailability of trade secret protection in conjunction with a patent application, and the enforceability of software patents and other myths.

Access To Eagles And Eagle Parts: Environmental Protection V. Native American Free Exercise Of Religion, Antonia M. De Meo

UC Law Constitutional Quarterly

The use of eagles and eagle parts, such as feathers and bones, are essential to Native American religious practices. The federal government has sought to protect American eagles through various mechanisms due to their endangered status. Under one such mechanism, Native Americans must undergo a lengthy and intricate permit process to receive eagles and eagle parts for use in religious ceremonies. Oftentimes, eagles and eagle parts are only released after periods and long as five years. Furthermore, when the needed eagles and eagle parts do arrive, they are often unfit for ceremonial use.

This Article addresses current problems with the …

Empirical Legal Scholarship: Reestablishing A Dialogue Between The Academy And Profession, Craig Allen Nard

Faculty Publications

Should legal academics begin to engage in a greater degree of empirical scholarship, I believe that the gap between law schools and the profession will not only cease to distend, but actually will begin to contract. If what I assert is true, or even partially true, the question remains: Why is there such a paucity of empirical legal scholarship?

Part I of this article discusses the importance and value of the empirical method and empirical scholarship by briefly exploring the philosophy of Pragmatism and its influence on the law. Thereafter, part II explores why legal academics do not engage in …

Beyond Biology: The Politics Of Adoption & Reproduction, Elizabeth Bartholet

Duke Journal of Gender Law & Policy

It is exciting simply to be having this conference focused on adoption law and policy. I remember some nine years ago starting to plan a course dealing with adoption issues and wondering whether I would be able to justify its place in the Harvard Law School curriculum. It is also exciting to look around the room at the wonderfully diverse and knowledgeable group of people the Duke Journal of Gender Law & Policy gathered here to participate in these discussions of important issues involving adoption and the meaning of family. My topic today has to do with adoption and, more …

Ecosystem Communities: Zoning Principles To Promote Conservation And The Economy, Lara M. Bernstein

Santa Clara Law Review

No abstract provided.

One Big, Happy Family--In Search Of A More Reasoned Approach To Grandparent Visitaion In Minnesota, Catherine M. Gillman

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Assessing The Application Of Mcdonnell Douglas To Employment Discrimination Claims Brought Under The Americans With Disabilities Act, Lianne C. Knych

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

What Ever Happened To Children's Rights, Martha Minow

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Doe V. Karadzic: Redressing Non-State Acts Of Gender-Specific Abuse Under The Alien Tort Statute, Michele Brandt

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

International Coffee Agreements And The Elusive Goal Of Price Stability, Matthew J. Foli

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

When Judicial Flexibility Becomes Abuse Of Discretion: Eliminating The Good Cause Exception In Indian Child Welfare Act Adoptive Placements, Erik W. Aamot-Snapp

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Edwards V. Aguillard: Court History And Implications For Legislation, Wendy Call

Brigham Young University Prelaw Review

An affirmative chorus rose in the 1981 Louisiana Legislature to enact the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction" Act. This statute, which required public school teachers to give equal time to creation- and evolution-science, set in motion a chain of litigation with the momentum to reach the Supreme Court of the United States as Edwards v. Aguillard. Rooted in more than a century of religious controversy surrounding Darwin's The Origin of Species, the threat of religious-educational enmeshment brought Edwards to the threshold of First Amendment interpretation. Although Louisiana's Balanced Treatment Act was not upheld as constitutional …

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Subpopulation Heterogeneity And Statistical Unreliability In Forensic Dna Typing, Nick Craig

Presidential Scholars Theses (1990 – 2006)

This paper consists of an overview of the procedures and criticisms involved in current forensic DNA typing. The opening presents a brief introduction to the genetic characteristics of DNA, followed by a review of the typing procedure. The main emphasis of the paper is the criticisms of the current procedure. These criticisms include an attack on the independence assumption and its justification of the use of the multiplication rule in calculating test results. A number of experts have proposed that heterogeneity within ethnic subpopulations may significantly undermine the independence assumption and render invalid the use of the multiplication rule. Others …

Interest Construed To Include Late Payment Charges, John Bartels

Loyola Consumer Law Review

No abstract provided.

Usda Regulations Eclipse Kansas Farmer's State Claims, Russ Collins

Loyola Consumer Law Review

No abstract provided.