Digital Commons Network^™

No "Dilettante Affair": Rethinking The Experimental Use Exception To Patent Infringement For Biomedical Research Tools, Janice M. Mueller

Washington Law Review

Scientists who require multiple "research tools" (i.e., laboratory resources such as transgenic animals and biological receptors) to develop new drugs and medical diagnostic products are frequently finding that these tools are patented or subject to other proprietary constraints. Stacking royalty obligations and heightened transaction costs resulting from the proliferation of patents on research tools threaten to slow or stop the development of new drugs and devices critical to public health. Because U.S. courts have very narrowly interpreted the common law "experimental use" defense of patent law as limited to "dilettante" uses of inventions for mere "amusement" or "philosophical" inquiry, scientists …

Military Aircraft And International Law: Chicago Opus 3, Michel Bourbonniere, Louis Haeck

Journal of Air Law and Commerce

No abstract provided.

Legal Argument In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Faculty Scholarship

Decius Spear Wade was the longest serving member of the Montana Territorial Supreme Court, holding the Chief Justiceship between 1871 and 1887, more than sixteen years. Wade authored an impressive 192 majority opinions, along with fourteen concurrences and dissents, of the total of 637 reported majority opinions issued by that court. By productivity and length of service alone, Wade stands out on the Montana court and among territorial judges generally. Unlike many territorial judges, including some of his brethren on the Montana court, Wade was well-regarded by his contemporaries. Subsequent observers have also ranked Wade among the best of the …

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff, Samuel Issacharoff

University of Colorado Law Review

No abstract provided.

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Buffalo Law Review

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

On February 19, 2001, upon the recommendation of both the Family Law (FLS) and Dispute Resolution Sections, the American Bar Association's House of Delegates adopted the Model Standards of Practice for Family and Divorce Mediation (“Model Family Mediation Standards” or “Model Standards”), which are published in this issue of the Family Law Quarterly.

The aim of the Model Family Mediation Standards is to promote public confidence in an evolving, interdisciplinary profession by defining good mediation practice. The family mediation profession (which includes many lawyers) created the Model Family Mediation Standards in consultation with the family …

Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown

St. Mary's Law Journal

Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …

Anthony Huemiller V. Ogden Police Department, Ogden Civil Service Commision : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso

Journal Publications

Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes …

Conflict Prevention, Management, And Resolution: Africa--Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Journal Publications

This Article seeks to examine the preparedness of certain African regional actors to protect displaced persons in times of armed conflict, and to prescribe formulas to strengthen the capabilities of such actors. The objective is to assess the conflict maintenance capacities of African regional actors and their partners to provide physical and legal protection to displaced persons in times of armed conflict, and likewise to recommend strategies to increase protection.

Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin

Cleveland State Law Review

Aside from natural disasters, when tragedy strikes - taking its toll in fatalities and serious injuries - we ordinarily look to the tort system for redress. Tort is not the exclusive form of redress, of course, in this era of private insurance and government disability programs. But still, it remains our most highly visible mechanism for assigning responsibility and providing compensation. In this Article, I will begin by describing the approach to compensation taken in the Victim Compensation Fund. I will then discuss the implementing regulations promulgated by the Special Master appointed under the Fund. Next, I will offer a …

Revitalizing The Flsa, Scott D. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.

Keynote Address, Stuart Eizenstat

Fordham International Law Journal

Keynote address given by the Clinton Administration's leader on Holocaust-era issues as Special Representative of the President and Secretary of State. The address covered the details of major agreements with the Swiss, Germans, Austrians, and French concerning monetary restitution. The adddress provides an overview of the development of a push in the U.S. to take on the Swiss banks on behalf of Holocaust survivors and their heirs.

The Clash Of Stories At Chimney Rock: A Narrative Approach To Cultural Conflict Over Native American Sacred Sites On Public Land, Howard J. Vogel

Santa Clara Law Review

No abstract provided.

Criminal Law In Cyberspace, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.

This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

World Trade Center Attacks: Fears Of Biological Warfare Stand In The Wake, Francine M. Guesnier

Colorado Environmental Law Journal

No abstract provided.

Foot-And-Mouth Disease Outbreak In Europe Raises Environmental Concerns And Causes Economic Loss, Kelly Dickson Cooper

Colorado Environmental Law Journal

No abstract provided.

Symposium On Sports Law And Alternative Dispute Resolution

Cardozo Journal of Conflict Resolution

In this symposium, practitioners in the field of sports law discuss current and future uses of alternative dispute resolution (“ADR”) processes in the sports industry. Panelists examine how ADR is frequently used to settle salary disputes and injury cases in professional football, baseball, basketball, hockey, and the Olympic games. Further, the practitioners compare the similarities of ADR procedures in each of the sports industries as well as highlight the differences.

Humanitarian Assistance In Non-International Armed Conflict: The Fourth Wave Of Rights, Duties And Remedies, Mary Ellen O'Connell

Journal Articles

The international community is in the midst of a fourth wave of legal development with regard to the rights, duties and remedies associated with humanitarian assistance to victims of non-international armed conflict. This wave is part of a larger development affecting most aspects of international law at the beginning of the 21st century. International actors, in particular, non-governmental organizations (NGOs), have challenged the accepted categories of international law in almost all fields, including international humanitarian law. In international humanitarian law, NGOs are primarily challenging the traditional requirements of neutrality and consent in the distribution of emergency aid to victims of …

Rural Low-Income Housing And Massachusetts Chapter 40b: A Perspective From The Zoning Board Of Appeals, Eric J. Gouvin

Faculty Scholarship

The Massachusetts Low and Moderate Income Housing Act ("Act") was enacted in 1969 to promote the construction of lowincome housing in restrictively zoned Massachusetts communities. It seeks to achieve its goal by providing a builder's remedy which, in effect, overrides local zoning ordinances. The local Zoning Board of Appeals ("ZBA"), in deciding whether to issue a Comprehensive Permit under the Act, must evaluate the local and regional need for low-to moderate-income housing and weigh that need against local concerns over health, safety, design, and open space conservation. This Article examines the difficulty of applying the Act in rural towns. First, …

High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris

Law and Contemporary Problems

The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.

A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

The Rule Of Law In China, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …