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2003

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Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien Jan 2003

Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien

Faculty Publications

The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing-the practice of allowing third parties to use patented inventions without patentee permission. In this Article, I empirically test this assumption. I compare rates of patenting and other measures of inventive activity before and after six compulsory licenses over drug patents issued in the 1980s and 1990s. As reported below, observe no uniform decline in innovation by companies affected by …


The Bush Administration And The Environment: An Overview And Introduction, Robin K. Craig Jan 2003

The Bush Administration And The Environment: An Overview And Introduction, Robin K. Craig

Western New England Law Review

No abstract provided.


Brownfields Redevelopment And Superfund Reform Under The Bush Administration: A Refreshing Bipartisan Accomplishment, Melissa H. Weresh Jan 2003

Brownfields Redevelopment And Superfund Reform Under The Bush Administration: A Refreshing Bipartisan Accomplishment, Melissa H. Weresh

Western New England Law Review

No abstract provided.


The Station Nightclub Fire And Federal Jurisdictional Reach: The Multidistrict, Multiparty, Multiforum Jurisdiction Act Of 2002, Peter Adomeit Jan 2003

The Station Nightclub Fire And Federal Jurisdictional Reach: The Multidistrict, Multiparty, Multiforum Jurisdiction Act Of 2002, Peter Adomeit

Western New England Law Review

No abstract provided.


Administrative Law—Navarro V. Pfizer Corporation: Too Much Disregard And Too Little Deference In Defining "Disability" Under The Family And Medical Leave Act, Jennifer H. Kaplan Jan 2003

Administrative Law—Navarro V. Pfizer Corporation: Too Much Disregard And Too Little Deference In Defining "Disability" Under The Family And Medical Leave Act, Jennifer H. Kaplan

Western New England Law Review

No abstract provided.


The George W. Bush Administration And The Environment, Victoria Sutton Jan 2003

The George W. Bush Administration And The Environment, Victoria Sutton

Western New England Law Review

No abstract provided.


Education Law—The Relationship Between The Individuals With Disabilities Education Act And Section 1983: Are Compensatory Damages An Available And Appropriate Remedy?, Rebecca L. Bouchard Jan 2003

Education Law—The Relationship Between The Individuals With Disabilities Education Act And Section 1983: Are Compensatory Damages An Available And Appropriate Remedy?, Rebecca L. Bouchard

Western New England Law Review

No abstract provided.


History Of Sedimentation And Contamination In Valley Mill Reservoir, Springfield, Missouri, Susan S. Licher Jan 2003

History Of Sedimentation And Contamination In Valley Mill Reservoir, Springfield, Missouri, Susan S. Licher

Graduate Theses/Dissertations

The Valley Mill Reservoir (VMR) was constructed between 1851 and 1871 and drains an important recharge area of the drinking water watershed for Springfield, Missouri. Presently, management efforts to protect downstream water quality are aimed at using VMR as a non-point pollution and sedimentation basin since its watershed is planned for continued urban development. The morphometry of VMR is typical of most reservoirs with an elongated basin and the deepest point being near the dam. Sedimentation within the reservoir has created a delta formation with upstream wetlands and floodplains acting as part of the delta especially during the past. Little …


Palestinian Refugees: Host Countries, Legal Status And The Right Of Return, Wadie E. Said Jan 2003

Palestinian Refugees: Host Countries, Legal Status And The Right Of Return, Wadie E. Said

Publications

Given the Palestinian refugees' precarious legal status in their host countries, recognition of the Palestinian right of return is not only legally viable, but also crucial for the establishment of a just and lasting peace in the Middle East. That racially driven demographic considerations have been employed up until now to derail binding and directly applicable laws and practices, as well as keep the refugees in a state of legal limbo in their host countries, cuts to the heart of the fundamental injustice currently plaguing the Middle East. No amount of obfuscating the facts and the law can tarnish the …


Constitutional Law—Medical Marijuana And The Medical Necessity Defense In The Aftermath Of United States V. Oakland Cannabis Buyers' Cooperative, Miklos Pongratz Jan 2003

Constitutional Law—Medical Marijuana And The Medical Necessity Defense In The Aftermath Of United States V. Oakland Cannabis Buyers' Cooperative, Miklos Pongratz

Western New England Law Review

No abstract provided.


It Takes A Village To Manage The 21st Century Reference Department, P. S. Mcmillen, L. Rielly Jan 2003

It Takes A Village To Manage The 21st Century Reference Department, P. S. Mcmillen, L. Rielly

Library Faculty Research

Reference services at Oregon State University's Valley Library have undergone several reorganizations in response to institutional changes, shifting service needs and patron demands. Part of this history includes training for and functioning in team-based management. We have now evolved to a management model that utilizes workgroups and an advisory and coordinating council to assist in running the department. We find this model provides flexibility, sharing of the workload and professional development opportunities, all of which are essential in today's tumultuous reference environment. We will describe the functioning, potential hazards and multiple advantages of this model.


Sample Forms, In Estate Planning Law And Taxation, 4th Ed., Bridget J. Crawford Jan 2003

Sample Forms, In Estate Planning Law And Taxation, 4th Ed., Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Sample estate planning forms.


Internet Pharmacies And The Need For A New Federalism: Protecting Consumers While Increasing Access To Prescription Drugs, Linda C. Fentiman Jan 2003

Internet Pharmacies And The Need For A New Federalism: Protecting Consumers While Increasing Access To Prescription Drugs, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In this article I will argue that Internet pharmacies pose a significant public health problem, as they raise the classic eternal triangle of health care issues--access, quality, and financing--in a new technological context. Part II describes the phenomena of Internet pharmacies, and Part III reviews the present regulatory scheme. Part IV explains why the current legal framework is inadequate to address the public health and safety problems posed by Internet pharmacies, focusing particularly on the jurisdictional, constitutional, and practical obstacles to effective state oversight of Internet pharmacies. Part V argues that comprehensive federal oversight of Internet prescribing and dispensing is …


The Need For A Revitalized Common Law Of The Workplace, William R. Corbett Jan 2003

The Need For A Revitalized Common Law Of The Workplace, William R. Corbett

Brooklyn Law Review

No abstract provided.


2003-2005 Bulletin, Benjamin N. Cardozo School Of Law Jan 2003

2003-2005 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

It's All About the People, p. 4

Imagine Yourself at Cardozo, p. 10

How Do You Learn the Law at Cardozo?, p. 12

The First-Year Program, p. 13

The Upper-Level Program, p. 14

Becoming a Professional: The Practical Part of the Curriculum, p. 24

Clinics, p. 26

Externships/Internships, p. 29

Publications and Moot Court Honor Society, p. 33

Student Life/Real Time, p. 36

New York City, p. 40

Faculty, p. 46

Alumni Network: Among Cardozo's Strongest Assets, p. 70

Career Services and You: Partnership for Success, p. 74

Paying for Your Legal Studies, p. 80

Welcome to Cardozo: Admissions, …


Products Liability Harmonization: A Uniform Standard, Rebecca Korzec Jan 2003

Products Liability Harmonization: A Uniform Standard, Rebecca Korzec

All Faculty Scholarship

Among industrialized nations, the United States is unique in addressing tort law at the state rather than the national level. For example, Australia and Canada, which share a common-law heritage with the United States, have federal tort systems. The United States approach may be appropriate in some tort settings, such as in the premises liability or motor vehicle accident context (not involving a claim of products liability), where the state rule’s impact remains within that state’s geographical boundaries. Unlike the simple 'fender-bender', which occurs within the borders of one state, the typical product is manufactured and marketed nationally or internationally. …


The Self-Defeating International Criminal Court, Jack Goldsmith Jan 2003

The Self-Defeating International Criminal Court, Jack Goldsmith

University of Chicago Law Review

No abstract provided.


Cultivating Humanity In Legal Education, Martha C. Nussbaum Jan 2003

Cultivating Humanity In Legal Education, Martha C. Nussbaum

University of Chicago Law Review

No abstract provided.


The Consequences Of Undoing The Federal Income Tax, Julie Roin Jan 2003

The Consequences Of Undoing The Federal Income Tax, Julie Roin

University of Chicago Law Review

No abstract provided.


Statistically Challenged: The Need For An Electronic Resources Management Standard, Tyler Goldberg, Melissa Laning, Weiling Liu Jan 2003

Statistically Challenged: The Need For An Electronic Resources Management Standard, Tyler Goldberg, Melissa Laning, Weiling Liu

Faculty and Staff Scholarship

The authors review changes in the standards for measuring electronic resources through an examination of the 1990-2000 IPEDS Academic Library Survey forms. During that decade, academic libraries have moved from counting electronic resources by the number of bibliographic and physical units to measuring usage. Local attempts to capture electronic resource usage are described.


Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon Jan 2003

Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon

Fordham Law Review

No abstract provided.


A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen Jan 2003

A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen

Fordham Law Review

No abstract provided.


Tuning Up Gideon's Trumpet, Kim Taylor-Thompson Jan 2003

Tuning Up Gideon's Trumpet, Kim Taylor-Thompson

Fordham Law Review

No abstract provided.


Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels Jan 2003

Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels

Fordham Law Review

No abstract provided.


I Ain't Got No Body: The Moral Uncertainty Of Bodiless Murder Jurisprudence In New York After People V. Bierenbaum, Francis Paul Greene Jan 2003

I Ain't Got No Body: The Moral Uncertainty Of Bodiless Murder Jurisprudence In New York After People V. Bierenbaum, Francis Paul Greene

Fordham Law Review

No abstract provided.


Dysthymia And Major Depression : Distinct Conditions Or Different Stages Along A One-Dimensional Continuum?, Patrick Pössel Jan 2003

Dysthymia And Major Depression : Distinct Conditions Or Different Stages Along A One-Dimensional Continuum?, Patrick Pössel

Faculty and Staff Scholarship

Until recently researchers have discussed whether dysthymia and major depression represent distinct conditions or rather different stages along a one-dimensional continuum. This study addresses this question by examining the belief systems of normal, dysthymic, and depressed participants. We explored participants‘ beliefs and differentiated between positive and negative as well as between core and peripheral beliefs. Normal participants showed fewer negative beliefs and negative peripheral beliefs than the dysthymic group, whereas normal participants had more positive beliefs and positive core beliefs as well as fewer negative core beliefs than the depressed group. The hypothesized one-dimensional continuum could not be demonstrated for …


Living Away From Home: The Long Term Substitute Care Of Disabled Children, Wendy Cousins, Marina Monteith, Nicola Kerr Jan 2003

Living Away From Home: The Long Term Substitute Care Of Disabled Children, Wendy Cousins, Marina Monteith, Nicola Kerr

Irish Journal of Applied Social Studies

The Centre for Child Care Research at Queen's University Belfast has been involved in a three and a half year, three part study reviewing how the services provided to meet the needs of these children and young people with disabilities have been affected by the implementation of the Children (Northern Ireland) Order 1995. This article reviews the research literature pertaining to long-term substitute care for children with disabilities in the UK and, with regard to the Children (NI) Order Legislation, will present some results from a survey about such services provided by the 11 Northern Ireland Health and Social Services …


Excess Embryos: Is Embryo Adoption A New Solution Or A Temporary Fix?, Naomi D. Johnson Jan 2003

Excess Embryos: Is Embryo Adoption A New Solution Or A Temporary Fix?, Naomi D. Johnson

Brooklyn Law Review

No abstract provided.


Justice Ginsburg And The Middle Way, Laura Krugman Ray Jan 2003

Justice Ginsburg And The Middle Way, Laura Krugman Ray

Brooklyn Law Review

No abstract provided.


A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii Jan 2003

A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii

Brooklyn Law Review

No abstract provided.