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The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

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This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

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In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

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In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed …

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

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My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …

Judicial Review, Michael Herz

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No abstract provided.

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

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Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler

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Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article

Quality And Shelf-Life Of Fresh Cut Crrot Slices As Affected By Slicing Method, Catherine Barry-Ryan, David O'Beirne Prof

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The effects of slicing method on the quality and storage-life of modified atmo¬sphere packaged carrot slices were determined using microscopy, sensory evalu¬ation, microbial counts and a range of physical and chemical tests. Slicing caused physical damage, physiological stress and enhanced microbial growth. The se¬verity of these effects were in the order of blunt machine blade > sharp machine blade > razor blade. These findings provide insights into the magnitude and ba¬sis of slicing effects and also confirm the importance of gentle processing and the use of a sharp blade.

Ascorbic Acid Retention In Shredded Iceberg Lettuce As Affected By Minimal Processing, Catherine Barry-Ryan, David O'Beirne

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The effects of slicing method, packaging atmosphere and storage temperature were determined on total ascorbic acid (TAA) content of modified atmosphere packaged shredded lettuce. TAA was extracted from the lettuce samples and levels were monitored using either titration with 2,6-dichlorophenolindophenol solution or an assay kit. Slicing affected (p < 0.05) ascorbic acid retention in the order manual tearing > manual slicing > machine slicing. Flushing with 100% nitrogen increased retention (~5%, p < 0.05) over packages with product modified atmospheres. Storage at 3°C increased retention (~20%, p < 0.05) compared with storage at 8°C. Scores for product appearance generally followed losses of TAA in the lettuce (p < 0.05).

The Constitutional Rhetoric Of Religion, Marci A. Hamilton

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The message of postmodernism is that we should carefully attend to the language that we use. We should not expect the meaning of our words to always accord with our intentions or to remain static. We are likely to be surprised by language's subtle and unintended intonations. This could not be more true for the discourse in the battle over the standard to be applied to free exercises cases. The language of the standard that appears to be good for religion--the Religious Freedom Restoration Act (RFRA) - sends the message that religion is weak and needy, while the standard that …

Speculating About The Next Administrative Conference: Connecting Public Management To The Legal Process, Paul R. Verkuil

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The article advocates for the establishment of a new initiative inspired by the legacy of the Administrative Conference of the United States (ACUS) to address the need for improved public management in the federal system. It proposes a reimagined organization that would bridge the gap between legal processes and management issues, fostering a unified approach to public management. The new initiative would build on the strengths of the ACUS, such as its ability to facilitate dialogue between public and private sectors, while overcoming its limitations, including a narrow focus on legal procedures. The article emphasizes the importance of connecting legal …

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

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Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …

Bordetella Holmesii-Like Organisms Associated With Septicemia, Endocarditis, And Respiratory Failure, Perry J. Severance, Yi-Wei Tang, Marlene K. Hopkins, Christopher P. Kolbert, Paul A. Hartley, David H. Persing

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We recovered an unusual bacterial strain from blood or sputum of three patients with septicemia, endocarditis, and/or respiratory failure. The three isolates were thin, curved, gram-negative, light brown, pigment-producing bacilli with variable catalase activity. They were asaccharolytic, oxidasenegative, nonmotile, and fastidious. Identification was not possible on the basis of these characteristics alone or in combination with cellular fatty acid profiles. Nucleic acid amplification and sequence analysis of the 16S rRNA gene revealed that all three isolates were identical and most closely related to the emerging pathogen Bordetella holmesii, diverging from the published sequence at three nucleotide positions (99.8% similarity). …

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

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No abstract provided.

Camus' Meursault : The Only Christ That Modern Civilisation Deserves?, Eamon Maher

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Material reproduced by kind permission of Studies.

The Internet Changes Everything: Revolutionizing Public Participation And Access To Government Information Through The Internet, Stephen M. Johnson

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The internet holds great promise when agencies affirmatively use it to solicit public in- put during initial policy development in either notice and comment rule- making, or in the initial development of interpretive rules, guidelines, or policies. The Clinton administration has embraced such a vision. Many federal agencies actively use the Internet to disseminate government information and solicit public input on important policy matters. This Article explores the manner in which the Internet and similar technological innovations can be, and are being, used to expand public access to government information and to increase public participation in all forms of agency …

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

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Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …

Bankruptcy's Uncontested Axioms, Douglas G. Baird

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No abstract provided.

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

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No abstract provided.

Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein

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No abstract provided.

Taxes As Ballots, Saul Levmore

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No abstract provided.

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

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No abstract provided.

Professionalisms, Richard A. Posner

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No abstract provided.

Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade

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No abstract provided.

The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Strahilevitz

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No abstract provided.

Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams

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No abstract provided.

Strategic Basis Of Principled Behavior: A Critique Of The Incommensurability Thesis, Eric A. Posner

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No abstract provided.

The Demand For Human Cloning, Richard A. Posner, Eric A. Posner

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No abstract provided.

Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood

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No abstract provided.

Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward Morrison

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No abstract provided.