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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
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Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
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No abstract provided.
Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews
Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews
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A patent holder can choose to license a patented invention to others, can choose to use the patented invention exclusively itself, or can choose to prevent any use of the patented invention by itself or by others. In the gene patent area, the exclusive rights of the patent holder can raise the costs of genetic services, diminish the quality of genetic tests and treatments, and interfere with access to health care.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
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This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
A Dual Catastrophe Of Protectionism, Sungjoon Cho
A Dual Catastrophe Of Protectionism, Sungjoon Cho
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This Article argues that rampant parochial protectionism in the United States, a striking example of which is the recent skirmish over the Vietnamese seafood trade, yields catastrophic effects in domestic constitutional as well as foreign policy terms. Moreover, these harmful effects extend not only to the United States but also to the rest of the world. The Article consists of four Parts. Part I documents the trade dispute over Vietnamese catfish and shrimp exports to the U.S. market, with special attention to the question of how powerful southern lobbies prevailed over the broader economic interests of consuming industries and consumers. …
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
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Focusing on the tension between free trade and social regulation, this Article argues that the WTO, in alliance with other international institutions, must develop a synergistic, nonentropic linkage within the constitutional structure of the global trading system. In the analysis set forth within the article, considerable emphasis is placed on the concept of a “trade constitution.” This is because any practical prescriptions for achieving the desired synergy must necessarily flow from an accurate understanding of the capabilities and constraints of legal and political realities inherent to a broad multisphere trading system composed of Member states, the WTO, and other international …
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
The Price Of Palliative Care: Towards A Complete Accounting Of Costs And Benefits, Alexander A. Boni-Saenz, David Dranove, Linda L. Emanuel, Anthony T. Lo Sasso
The Price Of Palliative Care: Towards A Complete Accounting Of Costs And Benefits, Alexander A. Boni-Saenz, David Dranove, Linda L. Emanuel, Anthony T. Lo Sasso
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The costs and benefits of hospice and palliative care have recently received attention for many compelling reasons. First, the cost of medical care over a lifetime is largely expended near the end-of-life. The impending demographic bulge of aging baby boomers will only heighten concerns about costs. Second, hospice and palliative care have been offered as potential vehicles for reducing late-in-life spending. Third, palliative care has gained legitimacy as a distinct medical specialty, having as it does a characteristic philosophy, specialized skill sets, and specific service delivery needs. This philosophy of care is consistent with and, to some degree, builds on …
Wto Dispute Resolution And The Preservation Of The Public Domain Of Science Under International Law (With R. Dreyfuss), Graeme Dinwoodie
Wto Dispute Resolution And The Preservation Of The Public Domain Of Science Under International Law (With R. Dreyfuss), Graeme Dinwoodie
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The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address whether - and how - the TRIPS Agreement can be interpreted to give it more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for "upstream" inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted by the United …