Digital Commons Network^™

Why Clinical Trials Of Aids Vaccines Are Premature, Wendy K. Mariner

Faculty Scholarship

No abstract provided.

An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon

Faculty Scholarship

Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.

"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."

A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …

The Usefulness Of Ethical Codes, Nancy J. Moore

Faculty Scholarship

In 1986, the American Bar Association's House of Delegates endorsed a report which offered a "Blueprint for the Rekindling of Lawyer Professionalism."' Lawyers were urged to pursue "principle" over "profit ' " 2 and to abide by higher standards of conduct than the minimum required by the profession's disciplinary rules.3 This past year has witnessed a flurry of bar association activity aimed at implementing the recommendations of the professionalism report. On the part of the ABA, this activity culminated in the House of Delegates' decision last August to adopt four concrete proposals, each involving a statement of professional aspirations to …

Author's Response, Nancy J. Moore

Faculty Scholarship

There is no question that there are serious ethical issues confronting practicing lawyers on virtually a daily basis. There is also no question that law itself will never resolve all these issues, no matter how advanced a legal document like the Model Rules might be. This is true not only because the particular rules are often controversial (and sometimes wrong, as in the confidentiality provisions), but also because there is always discretion to be exercised and different considerations to be taken into account in the exercise of that discretion. The situation would not be significantly different even if the public …

Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza

Faculty Scholarship

On November 26, 1988, the United States denied a visa to Yasir Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization (PLO), when he sought to enter the United States to attend the forty-third session of the United Nations (UN) in New York. The denial rekindled a forty-year-old dispute between the United States and the UN over the extent to which the United States may, under the terms of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (Headquarters Agreement), restrict entry to persons seeking to enter the …

The Supreme Court, Privacy, And Abortion, George J. Annas

Faculty Scholarship

Although states can regulate abortions after the point of fetal viability (or, more accurately, can restrict the induction of premature birth), since Roe only 13 states have enacted laws to restrict such abortions.8 Decisions after Roe In more than a dozen major cases over the succeeding 15 years, the Supreme Court applied Roe to specific attempts by some states to limit abortion rights during the first and second trimesters. [...]1989, the Court consistently struck down almost all such limitations. The Court did find it constitutional, however, for the state and federal governments to refuse to fund abortions through the Medicaid …

The Politics Of Transplantation Of Human Fetal Tissue, George J. Annas

Faculty Scholarship

Research involving human fetal tissue has been the subject of intense political debate in this country for almost two decades, and the use of fetal tissues in transplantation continues this controversy in another forum. Since Roe v. Wade ,1 the landmark decision on abortion by the U.S. Supreme Court in 1973, the federal government has focused public attention on fetal research by creating panels of experts. "3 This conclusion was accepted on a vote of 15 to 2, and included recommendations that the decision to abort be kept independent of the decision to retrieve and use fetal tissue, that recipients …

The Contradiction Between Soviet And American Human Rights Doctrine: Reconciliation Through Perestroika And Pragmatism, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

The Rebuilding Of Duke University's Law School, 1925-1947, Part 2, Robert F. Durden

Faculty Scholarship

No abstract provided.

"Willfulness" And "Ignorance" In Federal Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman

Faculty Scholarship

No abstract provided.

Appellate Reversal For Insufficient Evidence In Criminal Cases: The Interaction Of The Proof And The Jury Charge, Malinda L. Seymore, Mark Thielman

Faculty Scholarship

Garrett's disturbing outcome is the most egregious in a series of decisions promulgated by the Texas Court of Criminal Appeals during the past decade. The result is the product of a sufficiency of evidence analysis in which appellate courts compare the evidence presented to the jury charge alone. Such a sufficiency review exceeds the constitutional safeguards announced by the United States Supreme Court. While a state may provide greater rights than those protected by the federal constitution, doing so in this situation represents poor policy and ill-conceived law. This article will explore various methods for analyzing sufficiency of evidence and …

Early Neutral Evaluation: The Second Phase, David I. Levine

Faculty Scholarship

No abstract provided.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince

Faculty Scholarship

No abstract provided.

Admitted But Not Accepted Outsiders Take An Inside Look At Law School, Lois Schwartz, Suzanne Homer

Faculty Scholarship

No abstract provided.

Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Manufacturing Matters: The Myth Of The Postindustrial Economy, Jagdish N. Bhagwati

Faculty Scholarship

Messrs. Cohen and Zysman are political scientists. They are the resident gurus at BRIE (Berkeley Roundtable on International Economy). While they doubtless enjoy imported French cheese, especially with the Zinfandel from the local vineyards, they get the goose pimples watching movies on their Japanese VCRs. They are worried sick by America's alleged deindustrialization. This book is their effort to say why and to startle a complacement nation into an active policy to defend its industries.

Evaluating Child Care Legislation: Program Structures And Political Consequences, Lance Liebman

Faculty Scholarship

The American political system is not good at choosing among worthy goals and then adopting programs well designed to achieve the desired purposes. Scholars and activists continue to debate the success and failure of the last quarter century of efforts to reduce inequality and achieve other social reforms. But we have no well developed methodology for evaluating proposed programs and attempting to predict their likely consequences.

This Article asks what we know about choosing legal structures for programmatic efforts that seek social change. In particular, it asks whether we can predict relationships between different ways of pursuing public ends and …

Notice-And-Comment Rights For Administrative Decisions Affecting International Trade: Heightened Need, No Response, William Araiza

Faculty Scholarship

No abstract provided.

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.

Deconstructing Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Jurisprudence Of Poetic License, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Managing Information And Libraries In The Electronic Era, James Hambleton

Faculty Scholarship

Computers are being used increasingly in law libraries for both information storage and for retrieval through online searching. This article discusses the effects of this increased use and offers advice for training users and setting up a computer lab.

Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Amici For Appellees: Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appelles Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appellees, George J. Annas, Leonard H. Glantz, Wendy K. Mariner

Faculty Scholarship

Amicus is an ad hoc group of 57 philosophers, theologians, attorneys and physicians .. .who teach medical ethics to medical students and physicians. The members believe that permitting competent adults to make important, personal medical decisions in consultation with their physician is a fundamental principle of medical ethics, and that the doctor-patient relationship deserves the constitutional protection the Court has afforded it under the right of privacy.

Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Major Operational Decisions And Free Collective Bargaining: Eliminating The Mandatory/Permissive Distinction, James R. Rasband

Faculty Scholarship

No abstract provided.

Current Developments Concerning The Settlement Of Disputes Involving States By Arbitration And The World Court – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

Our moderator has asked me to talk about the dialogue between the United States and the Soviet Union. With respect to the general contours of the U.S. proposal, I think it is a very constructive one. I do support it, and I urge you all to study it, comment upon it, and try to improve it to take it a bit further. The main feature of it that I want to mention today is the idea of affirmative enumeration of categories of disputes that would be submitted to the Court for jurisdiction as opposed to the historical approach of accepting …