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Religion, The First Amendment, And Public Education, Warren A. Nord Mar 1994

Religion, The First Amendment, And Public Education, Warren A. Nord

Brigham Young University Journal of Public Law

No abstract provided.


Exploitation , John Lawrence Hill Mar 1994

Exploitation , John Lawrence Hill

Cornell Law Review

No abstract provided.


Technology Transfer: A View From The Trenches, Harvey Drucker Mar 1994

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.


Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy Mar 1994

Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy

RISK: Health, Safety & Environment (1990-2002)

The authors review administrative and court decisions prompting proposed changes to the patent law. After reviewing pros and cons, they argue that, on balance, pending bills can easily cause more problems than they solve.


Origins Of The Human Genome Project, Robert Mullan Cook-Deegan Mar 1994

Origins Of The Human Genome Project, Robert Mullan Cook-Deegan

RISK: Health, Safety & Environment (1990-2002)

Dr. Cook-Deegan recounts some of the scientific and political history leading to controversy about the proper mix of private and public roles in pursuing genome research and bringing its fruits to bear, e.g., in preventing and curing disease.


The Regulation On Fuels And Fuel Additives Under Section 211 Of The Clean Air Act, Arnold W. Reitze Jr. Mar 1994

The Regulation On Fuels And Fuel Additives Under Section 211 Of The Clean Air Act, Arnold W. Reitze Jr.

Tulsa Law Review

No abstract provided.


"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse Mar 1994

"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse

Brigham Young University Journal of Public Law

No abstract provided.


Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen Mar 1994

Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Toward A Clear Standard Of Obviousness For Biotechnology Patents , Brian C. Cannon Mar 1994

Toward A Clear Standard Of Obviousness For Biotechnology Patents , Brian C. Cannon

Cornell Law Review

No abstract provided.


Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly Mar 1994

Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly

Washington and Lee Law Review

No abstract provided.


Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1994

Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …


Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg Mar 1994

Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg

RISK: Health, Safety & Environment (1990-2002)

Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.


The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett Mar 1994

The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.


Abortion Rights In America, Joan R. Bullock Mar 1994

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.


The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg Mar 1994

The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg

Vanderbilt Law Review

Adzan Bedonie is a Navajo woman who speaks no English, holds tightly to traditional Navajo beliefs, and lives in a one-room hogan on the wrong side of the line drawn by a federal court to partition Navajo and Hopi lands.' The law that mandates her relocation and thus threatens to sever what for her is a spiritual connection to the land on which she lives offers a potential escape route: Congress provided for a limited number of life estates for older individuals subject to relocation. But Adzan Bedonie, like most elderly Navajo, has not applied for a life estate, because …


A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly Mar 1994

A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly

Vanderbilt Law Review

The emerging law of sexual harassment has focused discussion on the political, sociological, and legal issues surrounding sexual conduct. Some commentators have argued that the developing law insufficiently addresses an underlying political imbalance between men and women. Although these commentators eschew sexual harassment law as a plausible means of achieving an egalitarian, sex-blind society, they offer few concrete suggestions for reaching their goal. A few scholars have taken a position at the other extreme, that sexual harassment is more or less a chimera, and that the injury women claim to experience is simply part of the vicissitudes of life, or, …


Adoption Nightmares Prompt Judicial Recognition Of The Tort Of Wrongful Adoption: Will New York Follow Suit?, Marci J. Blank Mar 1994

Adoption Nightmares Prompt Judicial Recognition Of The Tort Of Wrongful Adoption: Will New York Follow Suit?, Marci J. Blank

Cardozo Law Review

On May 13, 1966, Martin and Phyllis Juman adopted a sixteenmonth-old baby boy named Michael. The adoption agency, Louise Wise Services, represented to the Jumans that Michael was healthy. However, over the past twenty-seven years, Michael, now twentyeight, has experienced a myriad of psychological problems and has been hospitalized on several occasions.


Human Rights In The Social Sciences, Erika Loerner Friedi Feb 1994

Human Rights In The Social Sciences, Erika Loerner Friedi

Center for the Study of Ethics in Society Papers

This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.


Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui Feb 1994

Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui

Michigan Law Review

The purpose of this Note is to question whether racial matching by courts and child-placement agencies serves the best interests of Black children. The principle that guides this Note's analysis is that racial matching is justified only if such a policy better serves the interests of Black children than a policy in which race is not a factor in a child-placement determination. This Note also questions whether racial matching serves the interests of biracial children and those of Black people as a cultural group.


Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer Feb 1994

Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer

San Diego Law Review

In his book Forbidden Grounds: The Case Against Employment Discrimination Laws, Richard Epstein attacks antidiscrimination law from three different philosophical points of view: utilitarian, libertarian, and freedom of contract. The author of this Article addresses each of these philosophies, and argues that none of these arguments is compelling as applied to a legal regime as popular as Epstein admits core antidiscrimination law to be. This Article points out inconsistencies in Epstein's view of the public's acceptance of antidiscrimination laws as being silly.


Epstein's Premises, Evan Tsen Lee Feb 1994

Epstein's Premises, Evan Tsen Lee

San Diego Law Review

This Article criticizes Richard Epstein's argument that Congress should repeal Title VII expressed in his book Forbidden Grounds: The Case Against Employment Discrimination. The author's criticisms of Epstein's argument are the product of disagreement with some of Epstein's premises, and disagreement with some of Epstein's choices about where to stop his analyses. The author disputes Epstein's premise that governmental intervention into otherwise accessible markets is justifiable only in cases of force or fraud. The author also notes some of Epstein's empirical suppositions that are inconsistent with one another.


Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.


Protection Of U.S. Patent Rights In Developing Countries: U.S. Efforts To Enforce Pharmaceutical Patents In Thailand, Stefan Kirchanski Feb 1994

Protection Of U.S. Patent Rights In Developing Countries: U.S. Efforts To Enforce Pharmaceutical Patents In Thailand, Stefan Kirchanski

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Market Affirmative Action, Robert Cooter Feb 1994

Market Affirmative Action, Robert Cooter

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …


Was The Corruption Of Civil Rights Law Inevitable, Christopher T. Wonnell Feb 1994

Was The Corruption Of Civil Rights Law Inevitable, Christopher T. Wonnell

San Diego Law Review

This Article accepts Richard Epstein's premise that civil rights laws have become corrupt set forth in his book Forbidden Grounds: The Case Against Employment Discrimination. Once this corruption is recognized, this Article asks two questions about the change in focus of the antidiscrimination laws: (1) Was it inevitable that the antidiscrimination laws would follow this course?; and (2) If it was inevitable, should we live with the resulting costs, or bite the bullet and repeal antidiscrimination laws in the private economy? This Article discusses considerations pertinent to such answers.


The Pain And Suffering Of Environmental Loss: Using Contingent Valuation To Estimate Nonuse Damages, Jeffrey C. Dobbins Feb 1994

The Pain And Suffering Of Environmental Loss: Using Contingent Valuation To Estimate Nonuse Damages, Jeffrey C. Dobbins

Duke Law Journal

No abstract provided.


Coping With The Risk Of Cancer In Children Living Near Power Lines, Eileen N. Abt Jan 1994

Coping With The Risk Of Cancer In Children Living Near Power Lines, Eileen N. Abt

RISK: Health, Safety & Environment (1990-2002)

Ms. Abt briefly summarizes evidence linking power lines with a possible increase in risk of childhood cancer. She also recounts how, although many experts remain skeptical of causality, public fears, whether or not warranted, have themselves created serious problems. Finally, she proposes ways to address those problems.


Review Of: National Research Council, Issues In Risk Assessment, Diane M. Albert Jan 1994

Review Of: National Research Council, Issues In Risk Assessment, Diane M. Albert

RISK: Health, Safety & Environment (1990-2002)

Review of: National Research Council, Issues in Risk Assessment (National Academy Press). Appendices, executive summary, figures, preface, references, tables. LC 92-61838; ISBN 0-309-04786-2. [374 pp. Paper $37.50 - S&H, $4 for first and $0.50 for each additional copy. 2101 Constitution Avenue, NW, Washington DC 20418.]


Designing The Legal Frameworks For Markets In Eastern Europe, Paul H. Brietzke Jan 1994

Designing The Legal Frameworks For Markets In Eastern Europe, Paul H. Brietzke

Global Business & Development Law Journal

No abstract provided.


Rock Creek Revisited: State Water Quality Certification Of Hydroelectric Projects In California, Andrew H. Sawyer Jan 1994

Rock Creek Revisited: State Water Quality Certification Of Hydroelectric Projects In California, Andrew H. Sawyer

McGeorge Law Review

No abstract provided.