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Articles 1 - 30 of 92
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Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Faculty Scholarship
The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …
Mutations In Yeast Proliferating Cell Nuclear Antigen Define Distinct Sites For Interaction With Dna Polymerase Δ And Dna Polymerase Ε, Joel C. Eissenberg, L. Rao Ayyagari, Xavier V. Gomes, Peter M.J. Burgers
Mutations In Yeast Proliferating Cell Nuclear Antigen Define Distinct Sites For Interaction With Dna Polymerase Δ And Dna Polymerase Ε, Joel C. Eissenberg, L. Rao Ayyagari, Xavier V. Gomes, Peter M.J. Burgers
Faculty Scholarship
The importance of the interdomain connector loop and of the carboxy-terminal domain of Saccharomyces cerevisiae proliferating cell nuclear antigen (PCNA) for functional interaction with DNA polymerases delta (Poldelta) and epsilon (Pol epsilon) was investigated by site-directed mutagenesis. Two alleles, pol30-79 (IL126,128AA) in the interdomain connector loop and pol30-90 (PK252,253AA) near the carboxy terminus, caused growth defects and elevated sensitivity to DNA-damaging agents. These two mutants also had elevated rates of spontaneous mutations. The mutator phenotype of pol30-90 was due to partially defective mismatch repair in the mutant. In vitro, the mutant PCNAs showed defects in DNA synthesis. Interestingly, the pol30-79 …
Treating Sexual Harassment With Respect, Anita Bernstein
Treating Sexual Harassment With Respect, Anita Bernstein
Faculty Scholarship
No abstract provided.
Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein
Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser
The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Does Adr Really Have A Place On The Lawyer's Philosophical Map?, Barbara Mcadoo, Nancy A. Welsh
Does Adr Really Have A Place On The Lawyer's Philosophical Map?, Barbara Mcadoo, Nancy A. Welsh
Faculty Scholarship
For nearly two decades, proponents of alternative dispute resolution (ADR) have touted the advantages of institutionalizing ADR within the courts. The anticipated benefits have included: quicker settlements, better settlements, resolution which is less expensive for the courts and litigants, and greater litigant satisfaction with both the procedure and the outcome. Many state and federal courts have listened. Indeed, in nearly every state, at least one local state and/or federal court has incorporated ADR in some manner. In Minnesota, with the promulgation of Rule 114 of the Minnesota General Rules of Practice, the Minnesota Supreme Court has chosen to institutionalize ADR …
Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck
Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck
Faculty Scholarship
No abstract provided.
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Faculty Scholarship
No abstract provided.
A Postscript On Vmi, Elizabeth M. Schneider
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Faculty Scholarship
Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …
A Brief History Of New Mexico Water Rights Administration Since 1907, G. Emlen Hall
A Brief History Of New Mexico Water Rights Administration Since 1907, G. Emlen Hall
Faculty Scholarship
Let's get right down to it: If the Big Bang Theory of the beginning of our universe applied to New Mexico water law as we know it today, there would be no trouble setting the date on which the Creation occurred: March 19, 1907.1.0n that date the Water Code under which we now live became effective and the water world we now live in began. So important is this date in the cosmology of New Mexico water rights that every water lawyer and every water engineer---in short, every "eginawyer" in the words of United States District Judge Edwin Mechem---can recite …
The Legal Regime For Protecting Cultural Property During Armed Conflict, Joshua E. Kastenberg
The Legal Regime For Protecting Cultural Property During Armed Conflict, Joshua E. Kastenberg
Faculty Scholarship
This article examines the depth of customary international law – that is the accepted practices and norms of the international community – with respect to cultural property, the 1954 Hague Convention and Additional Protocol One, and Department of Defense and Air Force policy. Section I will discuss the evolution toward a customary development of an international law of war to protect cultural properties. This section also notes the basic principles of the law of armed conflict. Section II examines the terms of the 1954 Hague Convention, and Additional Protocol One to the Geneva Convention. Section II also applies the various …
Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D. Roosevelt's Battle With The Supreme Court, Stephen R. Alton
Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D. Roosevelt's Battle With The Supreme Court, Stephen R. Alton
Faculty Scholarship
This Article presents a chronological, narrative account of Jackson's participation in the court fight over Roosevelt's so-called "court packing plan." The larger history of that campaign and its players also are presented in order to illuminate Jackson's role. Although a number of secondary works-both old and new-review the history of the fight, the main purpose here is to relate Jackson's part in this larger history, drawing on. those secondary works only to the extent that they are helpful. This Article first recounts the historical background of the tension between the New Deal and the Supreme Court as well as the …
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Faculty Scholarship
No abstract provided.
Human Cloning - Should The United States Legislate Against It, George J. Annas, John Robertson
Human Cloning - Should The United States Legislate Against It, George J. Annas, John Robertson
Faculty Scholarship
Two weeks after Scottish researcher Ian Wilmut told the world in February that he had cloned an adult sheep, he went before the U.S. Senate to say that cloning humans would be unethical and "quite inhumane." He warned Congress, however, against acting rashly to adopt legislation that might stifle biological research.
Unlike Britain, Spain, Germany and Denmark, the United States has no national law that bans the cloning of humans, although President Clinton has ordered a ban on federal funding for human-cloning experiments. Whether there should be a legal ban is one issue before a presidential advisory panel.
As a …
The Chosen People In Our Wilderness, Susan P. Koniak
The Chosen People In Our Wilderness, Susan P. Koniak
Faculty Scholarship
Strangers there are among us, practicing with weapons for something they believe might come - something some of them believe should come. Militia men, patriots, self-proclaimed true Americans. Chosen people. What are we, members of the power elite, the academy, the legal intelligentsia - the other chosen people - to make of them? Sideshow freaks may titillate even a scholar, but they rarely, if ever, inform. Is there more here?
Along with the authors of Gathering Storm and Rural Radicals, I believe there is. Neither of these books sets out to convince lawyers or law professors in particular that …
The Laws Of Genetics, Michael S. Baram
The Laws Of Genetics, Michael S. Baram
Faculty Scholarship
It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Faculty Scholarship
No abstract provided.
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
Faculty Scholarship
The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …
Fidelity To Our Imperfect Constitution, James E. Fleming
Fidelity To Our Imperfect Constitution, James E. Fleming
Faculty Scholarship
What is the question of fidelity a question about? The topic of our Symposium, "Fidelity in Constitutional Theory," raises two fundamental questions: Fidelity to what? and What is fidelity? The short answer to the first-fidelity to the Constitution-poses a further question: What is the Constitution? For example, does the Fourteenth Amendment embody abstract moral principles or enact relatively concrete historical rules? And does the Constitution presuppose a political theory of majoritarian democracy or one of constitutional democracy? The short answer to the second-being faithful to the Constitution in interpreting it-leads to another question: How should the Constitution be interpreted?' Does …
Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney
Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney
Faculty Scholarship
This article addresses the overlooked negative consequences of law firms transitioning from a traditional partnership to a limited liability partnership or company. Part I of this article introduces the topic by providing a brief history of the development of LLCs and LLPs and noting the lack of attention given to the detrimental consequences of such firm structures. Part II reviews the forces behind the limited liability movement and the emergence of limited liability law firms. Part III surveys the statutory approaches to limiting vicarious liability in LLCs and LLPs. Part IV then examines possible internal consequences of attorneys’ practicing as …
Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman
Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman
Faculty Scholarship
Welcome to the first session of the Internet Law Symposium co-sponsored by the Center for Law and Technology2 at Boston University School of Law and the law firm of Testa, Hurwitz & Thibeault.3 This session will focus on a variety of Internet 4 law and public policy issues and their implications for business.
Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Faculty Scholarship
No abstract provided.
In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer
In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer
Faculty Scholarship
No abstract provided.
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Faculty Scholarship
No abstract provided.
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Cyberspace Sovereignty? – The Internet And The International System, Tim Wu
Cyberspace Sovereignty? – The Internet And The International System, Tim Wu
Faculty Scholarship
Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.
By linking with the Internet, we don't mean absolute freedom of information. I think there is a general understanding about this. If you go through customs, you have to show your passport. It's the same with management of information. There is no contradiction at all between the development of telecommunications …
From Gladiators To Problem-Solvers: Connective Conversations About Women, The Academy, And The Legal Profession, Susan P. Sturm
From Gladiators To Problem-Solvers: Connective Conversations About Women, The Academy, And The Legal Profession, Susan P. Sturm
Faculty Scholarship
Dissatisfaction permeates the public and professional discourse about lawyers and legal education. Diverse communities within and outside the profession are engaged in multiple conversations critiquing legal education and the profession itself. These conversations, though linked in subject matter and orientation, often proceed on separate tracks.
One set of conversations explicitly focuses on women and people of color, centering on their marginalization and underrepresentation in positions of power. Those concerned about race and gender exclusion often participate in separate communities of discourse. Indeed, the symposium that spawned this article framed the inquiry about higher education in terms of gender. This exclusive …
Force Majeure And Hardship Under The Unidroit Principles Of International Commercial Contracts, Joseph Perillo
Force Majeure And Hardship Under The Unidroit Principles Of International Commercial Contracts, Joseph Perillo
Faculty Scholarship
No abstract provided.