Digital Commons Network^™

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

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Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

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More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

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This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

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The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions. Those lands …

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

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This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.

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 …

How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz

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The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.

Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions …

Despatches From The Front: Recent Skirmishes Along The Frontiers Of Electronic Contracting Law, Jane Kaufman Winn, Michael Rhoades Pullen

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This Article will provide a short overview of the current efforts in the United States and the European Union to reform contract law to accommodate recent innovations in electronic contracting. Whether changes are needed to current contract law doctrines governing contract formation, effectiveness of contract terms, choice of law and forum provisions, special protections for consumers, and signature and writing requirements, revisions in these areas have all proved controversial. Even in those areas where a consensus may be emerging on whether law reform may be appropriate in some form, consensus is often still lacking with regard to the specific legislation …

Experimental Observation Of Individual Single Wall Nanotube Species By Raman Microscopy, G. S. Duesberg, W. Blau, Hugh Byrne, J. Muster, M. Burghard, S. Roth

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Individual single-wall carbon nanotubes (SWNT) or small ropes of SWNTs with the same diameter have been characterised by Raman spectroscopy. Highly pure, length-selected SWNTs adsorbed onto substrates designed for surface-enhanced Raman spectroscopy were investigated with a Raman microscope. Various spectra, each with a distinct sharp peak in the radial breathing mode area and four C–C stretching modes could be observed. The modes also showed a strong variation in the relative intensities. In correlation with theoretical predictions this should establish Raman microscopy as a non-destructive nano-technological tool, capable of determining the diameter, symmetry and position of individual SWNTs.

The Appearance Of Ferrielectric Phases In Confined Liquid Crystal Studied By Photon Correlation Spectroscopy, Yuri Panarin, Fouad M. Aliev, Charles Rosenblatt

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The influence of confinement on the dynamic properties and appearance of ferrielectric phases has been investigated by dynamic light scattering, performed in the bulk AFLC as well as confined in 200 8, and 2000 8, cylindrical pores. The analysis of the experimental results shows that the ferrielectric phases are not formed in 200 A pores, while they appear in 2000 8, pores as well as in bulk.

Investigation Of The Thickness Mode In Surface Stabilized Ferroelectric Liquid Crystal Cells, O.E. Kalinovskaya, J.K. Vij, Yu. V. Tretyakov, Yuri Panarin, Yu. P. Kalmykov

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Dielectric properties of surface stabilized ferroelectric liquid crystal (SSFLC) cells have been investigated both experimentally and theoretically. The thickness mode is found to consist of two relaxation processes. A decomposition of an analytical solution of the complex dielectric permittivitye(v) in terms ofthese processesis given. Theexperimental results showagreement with theory and lead to the conclusion that the thickness mode can be separated into two processes. It has been found that the ratio of the dielectric strengths for the two processes depends on the cell thickness, and that the ratio of their frequencies is approximately equal to 10. The lower frequency process …

The Dynamic Properties Of Confined Antiferroelectric Liquid Crystal Investigated By Photon Correlation Spectroscopy, Yuri Panarin, C. Rosenblatr, F.M. Aliev

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Dynamic light scattering was used to examine ferrielectric liquid crystalline phases in porous media. Whereas in larger pores (200 Å) ferrielectric phases were observed, they were not found in the smallest pores (200 Å). Additionally, the temperatures of SmC - SmA phase transition were found to be suppressed in the pores relative to bulk, while SmCA - SmCγ phase transition is not affected by the confinement. These observations have been explained by the structural aspects of antiferroelectric liquid crystalline materials in a confined geometry and show the importance of long range electrostatic interaction for existence of ferrielectric phases.

The Dynamic Properties Of 5cb Filled With Aerosil Particles Investigated By Pcs, F.M. Aliev, M. Kreuzer, Yuri Panarin

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Nematic liquid crystal filled with Aerosil particles, a prospective composite material for optoelectronic application, has been investigated by static light scattering and Photon Correlation Spectroscopy (PCS). The Aerosil particles in filled nematic liquid crystals (FN) form a network structure with LC domains about 2500 Å in size with a random distribution of the director orientation of each domain. We found that the properties of 5CB are considerably affected by the network. The N-I phase transition in filled 5CB was found to be smeared out and depressed. PCS experiments show that two new relaxation processes appear in filled 5CB in addition …

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

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In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

"Meet My Mentor": A Collection Of Personal Reminescences, Frank G. Houdek, Penny A. Hazelton

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Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important—and how varied—the process of mentoring has been and continues to be for the growth and evolution of the profession.

Penny Hazelton's contribution, Sometimes You Need a Good Shove, begins on page 216.

What Law Librarians Collect, Frank Houdek, Penny A. Hazelton

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Law librarians describe their personal collections—what they collect for fun, not for their libraries.

Penny Hazelton's contribution, Postage Stamps, begins on page 601.

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 …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen

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No abstract provided.

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 …

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

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There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning …

Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam

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Current First Amendment analysis lacks a coherent view of speech in the professions. Classic cases address the street-comer orator, lone pamphleteer, newspaper editor, broadcaster, cable operator, public employee, grant recipient, vendor, corporation, and, most recently, Internet content provider. And an abundance of theory accompanies these speakers along the way. Although some of these actors may be professionals, both theory and practice generally meet their roles as members of a profession with silence. Despite the century-old recognition of the regulation of professions, we still have, for example, no paradigm for the First Amendment rights of attorneys, physicians, or financial advisers when …

Buried Voices, Dominant Themes: Justice Hans Linde And The Move To Structural Constitutional Interpretation, Marci A. Hamilton

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No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

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No abstract provided.

The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder

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The article critically examines the concept of wealth maximization in law and economics, arguing that it is fundamentally flawed due to its inability to account for the distinction between exchange value and use value. Wealth maximization, rooted in the masculine regime of possession and exchange, represses the feminine act of enjoyment, leading to a paradox where achieving its goal would result in the collapse of the market system. The analysis draws on Lacanian theory to explore the sexual impasse underlying this paradox, suggesting that the pursuit of wealth without consideration for enjoyment is self-destructive and unsustainable.

Farewell Madison Avenue, Marci A. Hamilton

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No abstract provided.

Basics Of Focusing Schlieren Systems, Andrew Davidhazy

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Among flow visualization techniques, the Focusing Schlieren system has been largely ignored by the field. It is, however, a low cost solution to solving visualization of density gradients, a system with good sensitivity to visualize convection patterns in liquids or gases such as warm air rising from a flame or heated object and ultimately it is also a powerful tool for teaching many optics related principles.

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

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No abstract provided.

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

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The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …

Against Free-Form Formalism, David M. Golove

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Article II, Section 2 of the Constitution provides that the President shall have the power to make treaties by and with the consent of two-thirds of tie Senate. Yet, most of the international agreements into which the United States has entered over the last fifty years, including NAFTA and the WTO Agreement, have been concluded as congressional-executive agreements-a procedure by which the President submits an agreement to both houses of Congress for simple majority approvaL In an article in the Harvard Law Review entitled "Is NAFTA Constitutional?," Professors Bruce Ackerman and David Golove attempted to provide this practice with constitutionalfoundations. …