Digital Commons Network^™

The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball

Duke Law Journal

No abstract provided.

Equitable Self-Ownership For Animals, David Favre

Duke Law Journal

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such …

Seeking Transformative Justice For Women: Views From Canada, Karlene Faith

Journal of International Women's Studies

From the article:

My purpose here is to situate gender as a key factor in a historical movement toward prison abolition. A shift toward restorative or transformative justice, theoretically, is reintegrative in that it benefits the offender, the victim and the community. The first offenders to be diverted from prison to any new program are generally those with the least serious offences and/or those who pose no risk of committing violence; women commonly fall into this category, but, as discussed, very few community alternatives exist for them. The last section addresses some of the key issues facing women in prison, …

Her Mistress’S Voice: Gynophonocentrism In Feminist Discourses, Mikko Keskinen

Journal of International Women's Studies

From the article:

I will trace the metaphors of voice in the discourses of feminisms as articulated by Judith Fetterley, Kaja Silverman, Julia Kristeva, and Hélène Cixous. I will analyze the presuppositions of their vocal or sound imagery, paying special attention to the implications of the essentialism/constructivism opposition. It is not my intention to provide a comprehensive account of voice in feminisms, nor to make sweeping generalizations on the basis of a very limited corpus. Moreover, in spite of their differences in cultural background, period, and main area of study, the four theorists to be read are, as it were, …

Book Review: The Business Of Charity: The Woman’S Exchange Movement, 1832-1900, Carolyn J. Lawes

Journal of International Women's Studies

Review of The Business of Charity: The Woman’s Exchange Movement, 1832-1900 by Kathleen Waters Sander

Transference And Psychological-Mindedness In Teachers, Erin Hanifin, Stephen Appel

Australian Journal of Teacher Education

The article is an argument for the relevance for our understanding of the pedagogic relationship of Freud’s discovery of transference. Commonalities between teaching and psychoanalysis are reviewed prior to a discussion of how the concept of transference might be applied to teaching, particularly to improving the teacher’s ‘psychological-mindedness’. The article concludes by considering the moral/professional issue of teachers making use of the transference processes at work in their classrooms.

Volume 25, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Andrew Wadden, Alanna Robinson, Cameron MacKeen, Laurelle Funk

Development And Characterization Of A Sub-Micron Cmos Process As An Educational Tool At Rit, Ivan Puchades

Theses

None provided.

Voltage Stability Analysis: V-Q Power Flow Simulation Versus Dynamic Simulation, Badrul H. Chowdhury, C. W. Taylor

Electrical and Computer Engineering Faculty Research & Creative Works

Several analysis methods are available for long-term voltage stability. The V-Q curve power flow method is widely used by Western Systems Coordinating Council utilities, and has some advantages. Long-term dynamic simulation with proper modeling, however, is clearly the most accurate simulation method. The authors compare the two methods for wintertime voltage stability problems in the Portland, Oregon, USA, load area. Results from the V-Q method can be misleading. The same is true of other power flow program based analysis employing conventional modeling. Results from these power flow methods may be pessimistic, causing overdesign or overly conservative operation.

Dit Independent, 1st.-30th. Of November, 2000, Dit:Students Union

DIT Student Union

No abstract provided.

Copyright And Democracy: A Cautionary Note, Christopher S. Yoo

Vanderbilt Law Review

Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The "speech hierarchy" …

The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

Articles

The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

Do The Rich Save More?, Karen E. Dynan, Jonathan Skinner, Stephen P. Zeldes

Dartmouth Scholarship

The question of whether higher–lifetime income households save a larger fraction of their income was the subject of much debate in the 1950s and 1960s, and while not resolved, it remains central to the evaluation of tax and macroeconomic policies. We resolve this long‐standing question using new empirical methods applied to the Panel Study of Income Dynamics, the Survey of Consumer Finances, and the Consumer Expenditure Survey. We find a strong positive relationship between saving rates and lifetime income and a weaker but still positive relationship between the marginal propensity to save and lifetime income. There is little support for …

The Constitution Outside The Courts, James E. Fleming

Faculty Scholarship

In this Book Review, Professor Fleming examines Professor Tushnet's arguments against judicial supremacy and in support of making constitutional interpretation less court-centered to pursue a populist constitutional law. The review concedes that Professor Tushnet's arguments that the “thick Constitution”--in particular, its commitments to federalism, states' rights, and separation of powers--is self-enforcing through the political processes are compelling. But it contends that he fails to make the case that the “thin Constitution”--for example, its fundamental guarantees of equality, freedom of expression, and liberty-- should be treated as similarly self-enforcing. Furthermore, Professor Fleming charges that Professor Tushnet does not adequately elaborate how …

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, J. H. Reichman

Vanderbilt Law Review

How to enable entrepreneurs to appropriate the fruits of their investments in cumulative and sequential innovation' without impeding follow-on innovation and without creating barriers to en- try has become one of the great unsolved puzzles that the law and economics of intellectual property rights needs to address as the new millennium gets underway. This Article draws briefly from my earlier works to identify some of the key historical difficulties en- countered in protecting small grain-sized innovations that do not rise to the level of "novel and nonobvious inventions" or "original and creative works of authorship." It then re-examines these difficulties …

Taking The Protection-Access Tradeoff Seriously, Harvey S. Perlman

Vanderbilt Law Review

Law and economics scholarship has contributed much to our understanding of both the nature of intellectual property rights generally and the features of individual intellectual property regimes. Indeed it is hard to imagine a field other than antitrust law that is so explicitly governed by economic thinking. In authorizing the copyright and patent systems, Article I, Section 8 of the United States Constitution expressly incorporates a social welfare imperative as the basis for its grant of power.' Certainly economists and economically oriented legal academics have given the field the attention it is due.

I am far from being a sophisticated …

Market Hierarchy And Copyright In Our System Of Free Expression, Neil W. Netanel

Vanderbilt Law Review

If trends of the past two decades persist, a vast inequality of wealth may well become a fundamental, defining characteristic of political and social life in many Western democracies, particularly the United States.' Among its potentially pernicious effects, massive wealth disparity threatens the integrity of the democratic process. Liberal democracy aspires to political equality, which demands that opportunities to acquire and assert political power be widespread and broadly distributed. Political equality does not require economic equality. But political equality may be undermined by severe disparities of wealth. Absent preventive regulation, private wealth buys political power. It enables those with greater …

Shaping Competition On The Internet: Who Owns Product And Pricing Information?, Maureen A. O'Rourke

Vanderbilt Law Review

Historically, markets have almost always fallen short of satisfying the conditions for and providing consumers with the benefits of perfect competition. Certain characteristics of electronic markets, however, enhance the possibility that e-commerce will be conducted in an environment that comes closer to attaining the perfectly competitive ideal than that of most conventional markets. Essentially, technology analogous to that which users already employ to search the Internet can also enable this retailing revolution by allowing consumers easily to obtain comparative product and pricing information. However, for a number of reasons, on-line merchants (e-tailers), are asserting a variety of legal claims that, …

Constitutional Change And International Government, Chantal Thomas

UC Law Journal

This Article argues that the rise of economic regulation by international organizations is transforming federal government in much the same way as the rise of administrative agencies transformed it at the beginning of the twentieth century. Just as administrative agencies came to be recognized as a de facto "fourth branch" of federal government, United States participation in international economic organizations has generated a de facto "international branch" of federal government.

There are striking similarities between this international branch and the administrative branch; the differences that exist suggest the rise of international government may be even more revolutionary. The construction of …

An Observation And A Strange But True "Tale": What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture, Paul Schiff Berman

UC Law Journal

Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …

Copyright And The Perfect Curve, Julie E. Cohen

Vanderbilt Law Review

Everyone agrees that the purpose of the copyright system is to promote progress.' At the same time, though, skepticism about the law's ability to define the substance of progress runs deep within copyright case law and theory. Legal decisionmakers and scholars have quite properly doubted their own ability to evaluate artistic or literary merit, and have worried that efforts to do so would result in an inappropriately elitist and conservative standard. In addition, there is room for substantial debate about whether the metaphor of forward motion leaves out other important measures of what "progress" is or might be. This agnosticism …

Games Economists Play, Rochelle C. Dreyfuss

Vanderbilt Law Review

When Professor Reichman called me about this symposium, I was intrigued. With the successive introduction of the photocopy machine, the videotape, computerization, digitization, the Internet, as well as a host of biotechnological discoveries, the problems facing the creative industries have changed dramatically. This accumulation of developments has altered the economic foundations on which intellectual property law is based and has pushed those of us in the field into a period of reconceptualization in which economic analysis is particularly fruitful. Thus, I was quite taken with the idea of bringing intellectual property and economics scholars together to promulgate a research agenda …

Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg

Vanderbilt Law Review

Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …

The Pharmaceutical Industry And World Intellectual Property Standards, F. M. Scherer

Vanderbilt Law Review

When I was a high school student during the late 1940s, the first so-called "wonder drugs"-initially penicillin and then the broad-spectrum antibiotics such as tetracycline-were entering the U.S. market. From their profitable experience developing the broad- spectrum antibiotics, the leading pharmaceutical companies of America and Europe acquired a strong research orientation that led to a cascade of new therapeutic entities, including additional anti-infectives, vaccines, diuretics, and then other agents to reduce heart attack risks, tranquilizers, antidepressants, birth control pills, anti-fungal agents, immuno suppressants, corticosteroids, AIDS inhibitors, powerful pain relief agents, and many other agents effective against specific diseases. Thanks to …

An Unhurried View Of Private Ordering In Information Transactions, Yochai Benkler

Vanderbilt Law Review

We stand at an unprecedented moment in the history of exclusive private rights in information ("EPRIs").' Technology has made it possible, it seems, to eliminate to a large extent one aspect of what makes information a public good-its nonexcludability. A series of laws-most explicitly the Digital Millennium Copyright Act ("DMCA") and the Uniform Computers Information Transactions Act ("UCITA")-are building on new technologies for controlling individual uses of information goods to facilitate a perfect enclosure of the information environment.

The purpose of this Essay is to explain why economic justifications interposed in favor of this aspect of the enclosure movement are, …

Who's Patenting What? An Empirical Exploration Of Patent Prosecution, John R. Allison, Mark A. Lemley

Vanderbilt Law Review

Patents are big business. Individuals and companies are obtaining far more patents today than ever before. Some simple calculations make it clear that companies are spending over $5 billion a year obtaining patents in the U.S.- to say nothing of the costs of obtaining patents elsewhere, and of licensing and enforcing the patents. There are a number of reasons why patenting is on the rise; primary among them are a booming economy and a shift away from manufacturing and capital-intensive industries towards companies with primarily intellectual assets. But whatever the reason, it is evident that many companies consider patents important. …

From Hopeful Monsters To Homeotic Effects: Richard Goldschmidt's Integration Of Development, Evolution, And Genetics, Michael Dietrich

Dartmouth Scholarship

Richard Goldschmidts research on homeotic mutants from 1940 until his death in 1958 represents one of the first serious efforts to integrate genetics, development, and evolution. Using two different models, Goldschmidt tried to show how different views of genetic structure and gene action could provide a mechanism for rapid speciation. Developmental systems were emphasized in one model and a hierarchy of genetic structures in the other. While Goldschmidt tried to find a balance between development and genetics, critics, such as Sewall Wright, urged him and eventually helped him incorporate population dynamics into his models as well. As such, the history …

The Infall Region Of Abell 576: Independent Mass And Light Profiles, Kenneth Rines, Margaret J. Geller, Antonaldo Diaferio, Joseph J. Mohr, Gary A. Wegner

Dartmouth Scholarship

We describe observations of the nearby (cz = 11,487 km s^-1) cluster of galaxies Abell 576 beyond the virial radius and into the infall region where galaxies are on their first or second pass through the cluster. Using 1057 redshifts, we use the infall pattern in redshift space to determine the mass profile of A576 to a radius of ~4 h^-1 Mpc. This mass estimation technique makes no assumptions about the equilibrium state of the cluster. Within ~1 h^-1 Mpc, the mass profile we derive exceeds that determined from X-ray observations by a factor of …