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Umpires At Bat: On Integration And Legitimation, Neil S. Siegel Jan 2007

Umpires At Bat: On Integration And Legitimation, Neil S. Siegel

Faculty Scholarship

No abstract provided.

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Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer Jan 2007

Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer

Faculty Scholarship

This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis …

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Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner Jan 2007

Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner

Faculty Scholarship

This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of scholarly journals …

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The True Lex Mercatoria: Private Law Beyond The State, Ralf Michaels Jan 2007

The True Lex Mercatoria: Private Law Beyond The State, Ralf Michaels

Faculty Scholarship

Is there an anational lex mercatoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever law merchant may exist is really state law—dependent on national norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts. This paper suggests that the dichotomy of anational law and state law is false. Although an anational law …

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Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler Jan 2007

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

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No abstract provided.

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United States V. Goliath, Brandon L. Garrett Jan 2007

United States V. Goliath, Brandon L. Garrett

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No abstract provided.

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Why De Minimis?, Matthew D. Adler Jan 2007

Why De Minimis?, Matthew D. Adler

Faculty Scholarship

De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative individual risk thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural hazards, such as the 100 - year - flood or 475 - year - earthquake; de minimis failure probabilities for built structures; the exclusion of low - probability causal models; and other policymaking criteria. All these tests have a common structure, as I show in the Article. A de minimis test, broadly defined, tells the …

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Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery Jan 2007

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

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Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

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Final Report- Survey Of Fish Assemblages And Benthic Habitat At Pulley Ridge, S.W. Florida Shelf; Part 1- Characterization Of Benthic Habitat And Biota With Documentation Of Hard/Live Bottom. Report To Noaa Fisheries., John K. Reed, Andrew David, Stacey Harter, Harbor Branch Oceanographic Institute Jan 2007

Final Report- Survey Of Fish Assemblages And Benthic Habitat At Pulley Ridge, S.W. Florida Shelf; Part 1- Characterization Of Benthic Habitat And Biota With Documentation Of Hard/Live Bottom. Report To Noaa Fisheries., John K. Reed, Andrew David, Stacey Harter, Harbor Branch Oceanographic Institute

Faculty Scholarship

Seven sites were surveyed with the NOAA Superphantom II ROV on Pulley Ridge. A single ROV dive (~1 hr) was completed at each of the seven sites. Video/photographic transects were used to document and characterize the benthic habitat and biota and allowed for quantitative estimates of densities and sizes of biota. The primary protocol was to document the presence or absence of hard-bottom habitat. Qualitative estimates of size of habitat features and size of benthic invertebrates were made from videotapes and digital images using the cameras’ parallel 10 cm lasers. During the transects the ROV was kept close to the …

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Novel Steroidal Saponins, Sch 725737 And Sch 725739, From A Marine Starfish, Novodinia Antillensis., Shu-Wei Yang, Tze-Ming Chan, Alexei Buevich, T. Priestley, J. Crona, John K. Reed, Amy E. Wright, Mahesh Patel, Vincent Gullo, Guodong Chen, B. Pramanik, Min Chu Jan 2007

Novel Steroidal Saponins, Sch 725737 And Sch 725739, From A Marine Starfish, Novodinia Antillensis., Shu-Wei Yang, Tze-Ming Chan, Alexei Buevich, T. Priestley, J. Crona, John K. Reed, Amy E. Wright, Mahesh Patel, Vincent Gullo, Guodong Chen, B. Pramanik, Min Chu

Faculty Scholarship

Bioassay-guided fractionation of an active fraction from an extract of a marine starfish, Novodinia antillensis, led to the isolation and identification of two new saponins, Sch 725737 (1) and Sch 725739 (2). Compound 1 was identified as the NaV1.8 inhibitor with IC50 of _9 lM. The purification and the structure elucidation of these two saponins are described.

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Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler Jan 2007

Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler

Faculty Scholarship

With the importance of genetic information has come bitter battles over its control. In these battles, some principles have emerged that are beyond dispute. The ability of individuals to control the disposition and genetic testing of their own biological materials is (as a matter of theory, at least) beyond question. No one would argue today that an individual could be subject to genetic testing for studies against her will, or that biological samples obtained from individuals under specified conditions could be simply deemed "free" of such conditions by researchers. Although difficult problems remain in the interpretation of research agreements, the …

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Automatic Perfection Of Sales Of Payment Intangibles: A Trap For The Unwary, Steven L. Schwarcz Jan 2007

Automatic Perfection Of Sales Of Payment Intangibles: A Trap For The Unwary, Steven L. Schwarcz

Faculty Scholarship

Under Section 9-309(3) of the Uniform Commercial Code, sales of "payment intangibles" are automatically perfected without the requirement of filing financing statements. Originally intended as a concession to the banking industry (to perfect sales of loan participations without filing), this provision has become a trap for the unwary-including unwary banks. It misleads those who think they're buying payment intangibles (and thus need not file to perfect) only to find out, too late, that a court has construed that arcane definition too narrowly. It also undermines the ability to know one's priority in purchased or pledged payment intangibles. This essay analyses …

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Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise (Duke Law, Student Paper Series), Blake Hudson Jan 2007

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise (Duke Law, Student Paper Series), Blake Hudson

Faculty Scholarship

Important species are increasingly becoming endangered on private lands largely left unregulated by federal and state laws. The gopher tortoise is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species exist. Despite its importance, tortoise populations have declined by 80% - partly due to development pressures, but primarily due to forest management practices which have reduced the longleaf pine ecosystem upon which it depends. This article focus on legal and policy issues associated with both development and forest management. Because private forest management practices are the primary cause of tortoise decline, the …

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Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray Jan 2007

Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray

Faculty Scholarship

The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. …

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Is Corporate Criminal Liability Unique?, Sara Sun Beale Jan 2007

Is Corporate Criminal Liability Unique?, Sara Sun Beale

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No abstract provided.

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Mertonianism Unbound?: Imagining Free, Decentralized Access To Most Cultural And Scientific Material, James Boyle Jan 2007

Mertonianism Unbound?: Imagining Free, Decentralized Access To Most Cultural And Scientific Material, James Boyle

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No abstract provided.

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The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller Jan 2007

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller

Faculty Scholarship

The Duke lacrosse case was a disaster - a caricature. The case, which involved false rape charges against three Duke University lacrosse players, began with gang rape allegations by an exotic dancer at a team party in March 2006 and ended with the declaration of their innocence in April 2007 and the disbarment of Durham County District Attorney Mike Nifong in June of that year. Often a full examination of the facts of a notorious case reveals that events were ambiguous and the reality is not as bad as early reports suggested. This case does not fit that pattern; it …

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Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jan 2007

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

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No abstract provided.

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Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovaton, Jerome H. Reichman Jan 2007

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovaton, Jerome H. Reichman

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No abstract provided.

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Disloyal Agents, Deborah A. Demott Jan 2007

Disloyal Agents, Deborah A. Demott

Faculty Scholarship

This paper examines the consequences of an agent's breach of the fiduciary duty of loyalty. These consequences are underexplored in academic literature, in contrast to rationales for fiduciary duties more generally. The consequences of an agent's disloyalty are, moreover, not uniform across jurisdictions. The paper begins by differentiating between the meaning and consequences that the law ascribes to agency and its meaning in other academic disciplines, including economics and philosophy. It then considers the extent to which principles derived from contract and tort law can account for the consequences that courts assign to agents' disloyal conduct and concludes that a …

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Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy Jan 2007

Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy

Faculty Scholarship

Chief Justice's Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.)543 (1823) has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples. I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between two bodies …

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The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott Jan 2007

The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott

Faculty Scholarship

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …

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The State-Created Danger Doctrine, Erwin Chemerinsky Jan 2007

The State-Created Danger Doctrine, Erwin Chemerinsky

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No abstract provided.

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Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis Jan 2007

Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis

Faculty Scholarship

Although extralegal enforcement is widely acknowledged, the conventional understanding of written contract provisions, such as the complex and detailed provisions in bond contracts, is that they are drafted to be enforced by law. This framing neglects the value of contracts in shaping extralegal forces, particularly where litigation is unlikely or not possible. Sovereign debt contracts provide an example in which lengthy and detailed contracts play a key role even though the debtor is largely litigation-proof. We examine how contract provisions in sovereign debt contracts improve the efficiency of creditor control outside the realm of legal enforcement.

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Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris Jan 2007

Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris

Faculty Scholarship

No abstract provided.

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The Theory And Practice Of Tax Reform, Lawrence A. Zelenak Jan 2007

The Theory And Practice Of Tax Reform, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, President's Advisory Panel on Federal Tax Reform, Simple, Fair, and Pro-Growth: Proposals to Fix America's Tax System (2005).By The President’s Advisory Panel on Federal Tax Reform. 2005. Available at: http://www.taxreformpanel.gov/final-report/

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Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi Jan 2007

Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi

Faculty Scholarship

Historically, most courts have sustained employer-imposed, gender-based dress codes. Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women or (2) allow for flexibility of standards for male employees' appearance but require stricter rules for women. A third, still-evolving exception has recently developed regarding challenges to dress codes by transgender litigants. Despite this recent progress, however, the classical gender-based dress code -- requiring women to conform to feminine stereotypes and men to conform to masculine stereotypes -- has, up to the present, been sustained by a majority of the courts time and again. …

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Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis Jan 2007

Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis

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This Article examines the public controversy that erupted after local media reported on a comment the Author made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. The Author submitted a statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink decor traded in sexist and homophobic values. As such, the Author concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. The Author immediately received hundreds of hateful …

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Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going To Cost More), Andrew P. Morriss, Nathaniel Stewart Jan 2007

Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going To Cost More), Andrew P. Morriss, Nathaniel Stewart

Faculty Scholarship

Virtually everyone holds an opinion on what is wrong with gasoline markets. Some critics argue that gasoline costs too much, fattening greedy oil barons at the expense of consumers. Some link reducing oil producers' profits to stopping terrorism. Others contend that gasoline costs too little, subsidizing suburban sprawl and gas-guzzling SUVs at the expense of the environment. Web sites track gasoline prices and grocery stores sell low-cost fuel to lure shoppers. Policy makers debate whether gas taxes should be cut to lower the cost of living; need to be increased to make drivers pay the full cost of their behavior; …

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Finding Interior Peace In The Ordinary Practice Of Law: Wisdom From The Spiritual Tradition Of St. Teresa Of Avila, Jacqueline Nolan-Haley Jan 2007

Finding Interior Peace In The Ordinary Practice Of Law: Wisdom From The Spiritual Tradition Of St. Teresa Of Avila, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

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