Digital Commons Network^™

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

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No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

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This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …

Corporations, Criminal Law And The Color Of Money, Joseph Vining

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This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

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Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

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Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

A Pilot Evaluation Of Alternating Preoperative Chemotherapy In The Management Of Patiens With Locoregionally Advanced Breast Carcinoma, Thomas M. Pisansky Md, Charles L. Loprinzi Md, Stephen S. Cha Md, Nicholas F. Reuter Md

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BACKGROUND:

This prospective trial was conducted to evaluate the outcome of patients treated with preoperative and post operative chemotherapy, mastectomy, and irradiation for locoregionally advanced breast carcinoma.

METHODS:

Between June 1986 and September 1990, 71 patients received 2 cycles of doxorubicin that alternated with 2 cycles of cyclophosphamide, methotrexate, and 5-fluorouracil prior to mastectomy; irradiation was administered when the tumor was not amenable to surgical resection. Additional chemotherapy and tamoxifen, in hormone receptor-positive tumors, was used after mastectomy. Post-operative irradiation was given on a selective basis for patients at high risk for locoregional disease recurrence.

RESULTS:

Although 5 patients (7%) …

Combining Pulse Compression And Adaptive Drive Signal Design To Inverse Filter The Transducer System Response And Improve Resolution In Medical Ultrasound, S. Venkatraman, Navalgund Rao

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An adaptive inverse filtering technique has been incorporated into a medical ultrasound B-scan scheme that used a linear frequency modulated pulse for imaging. Resolution improvement is demonstrated with imaging experiments on wire targets and tissue-mimicking phantoms.

Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein

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In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …

Group Norms, Gossip, And Blackmail, Richard H. Mcadams

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No abstract provided.

Law, Economics, And Inefficient Norms, Eric A. Posner

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Pragmatic Adjudication, Richard A. Posner

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Review Essay: Interrogating Identity, Mary I. Coombs

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Responsible Parents And Good Children, Judith T. Younger

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Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs

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Coughlin's Complaint: How To Disparage Outsider Writing, One Year Later Response, Richard Delgado

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Multiracialism: A Bibliographic Essay And Critique In Memory Of Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Jean Stefancic

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No abstract provided.

Oil And Wildlife Along The Frozen Arctic Coast: The Saga Of A Federal-State Struggle Over The Arctic National Wildlife Refuge Submerged Lands, William L. Andreen

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Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg

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The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

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My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …

Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly

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While largely a matter of social convention, the surnames that children bear have been regulated by the law as well. In certain circumstances, the law has attempted to regulate the surnames given to children at birth, but more often the law has come into play when a change of name is sought for the child: It is at this point that the law dictates to family members what it values and what it will forbid as the law goes about the business of enforcing societal norms. This article will look at the role of naming and name changing and the …

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

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This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …

The Original Constitution And Our Origins, John O. Mcginnis

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The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

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The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Art Speech, Marci A. Hamilton

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Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

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Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg

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This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

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The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

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The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Ultrasound Speckle Feature Extraction For Scattering Structure Characterization, Navalgund Rao, S. Venkatraman, Y. Zhang

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There has been a renewed interest in recent years aimed at understanding the relationship between the various different moments of the ultrasound echo signal and the scattering microstructure. This paper considers the variation of second normalized intensity moments with probe pulse bandwidth theoretically and experimentally. Slope and intercept on this graph are shown to be useful features for the microstructure characterization.

Segregation, Whiteness, And Transformation, Martha R. Mahoney

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No abstract provided.