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2006

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Intellectual Property And The Development Divide, Margaret Chon Jan 2006

Intellectual Property And The Development Divide, Margaret Chon

Faculty Articles

This article attempts to map the challenges raised by recent encounters between intellectual property and development. It proposes a normative principle of global intellectual property - one that is responsive to development paradigms that have moved far beyond simple utilitarian measures of social welfare. Recent insights from the field of development economics suggest strongly that intellectual property should include a substantive equality principle, measuring its welfare-generating outcomes not only by economic growth but also by distributional effects. A new principle of substantive equality is a necessary corollary to the formal equality principles of national treatment and minimum standards that are …

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Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud Jan 2006

Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud

Faculty Articles

This article argues that the discourse of viability of civil society in postcolonial polities is theoretically ungrounded, and helps to further marginalize subordinated sections of these societies. These failings result from the imprisonment of dominant social theories in Eurocentric unilinear evolutionism, an imprisonment that blinds one from the particularities of supposedly universal categories that issue from Europe's experience of modernity. Furthermore, enthusiasm for civil society ignores the truncated colonial career of modernity and the nature of the postcolonial state. In order to substantiate these propositions, the paper traces the genealogy of the concept of civil society, examines the colonial career …

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A Conversation Among Deans On Results: Legal Education, Institutional Change, And A Decade Of Gender Studies, W. H. Knight, K. Bartlett, E. Rubin Jan 2006

A Conversation Among Deans On Results: Legal Education, Institutional Change, And A Decade Of Gender Studies, W. H. Knight, K. Bartlett, E. Rubin

Faculty Articles

On March 10, 2006, the Harvard Journal of Law & Gender, cosponsoring with the Harvard Civil Rights-Civil Liberties Law Review and the Harvard Law Review, hosted a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education, this conference sought to foster a discussion about the institutional challenges these patterns highlight. As one means of accomplishing this end, law …

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The Entrepreneur And The Theory Of The Modern Corporation, Charles O'Kelley Jan 2006

The Entrepreneur And The Theory Of The Modern Corporation, Charles O'Kelley

Faculty Articles

The foremost description of the classic entrepreneur, immediately prior to the Great Depression and now, was presented by Frank Knight in his seminal work, Risk, Uncertainty, and Profit. In this Article, I will explicate Knight's theory of the entrepreneur and show how it relates to both the Berle-Means Paradigm and the nexus-of-contracts theory of the corporation. My effort here is in part intellectual history and in part the tentative beginnings of a new positive account of the corporation. In the latter regard, this Article takes only the first step in what may prove a quite exhaustive effort to re-plow the …

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A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro Jan 2006

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Articles

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly …

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Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve Jan 2006

Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve

Faculty Articles

The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.

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Schooling Miranda: Policing Interrogation In The Twenty-First Century Schoolhouse, Paul Holland Jan 2006

Schooling Miranda: Policing Interrogation In The Twenty-First Century Schoolhouse, Paul Holland

Faculty Articles

This article directs courts to base their application of Miranda on an explicit and contextually sound consideration of the relationships among students, officers and administrators. This article argues that Miranda applies when a state agent questions a student under circumstances in which it would be reasonable for the student to believe that she is the subject of law enforcement authority, regardless of whether a law enforcement officer conducts the questioning. The determination that Miranda applies is not tantamount to a decision that the student was in custody. It is merely a prelude to the custody inquiry. This article does not …

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Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez Jan 2006

Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez

Faculty Articles

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities, such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under a variety of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right …

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Linguistics As A Knowledge Domain In The Law, Janet Ainsworth Jan 2006

Linguistics As A Knowledge Domain In The Law, Janet Ainsworth

Faculty Articles

This article focuses on the use of linguistic expertise by trial courts to aid in fact-finding. It identifies many of the ways the legal system has been enriched by donations from linguistic scholarship. In addition, it discusses the underutilized-at-present use of linguistic knowledge by appellate courts as a tool for crafting and applying doctrinal rules. Whereas courts have adopted economics analysis in determining appropriate legal rules, linguistic science has been neglected. Linguistic predictions are more testable and falsifiable than economic predictions. Linguistic research can be useful—particularly in the areas of comprehensibility of texts and resolving textual ambiguity. Indeed, legislatures and …

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The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel Jan 2006

The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel

Faculty Articles

Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized "federalism," an agenda-driven "conservatism," and a constitutionally fixated "judicial supremacy." While each of these themes is undoubtedly present in the Court's later jurisprudence, this article argues that one cannot understand the Rehnquist Court's complicated intellectual matrix without taking account of its profound hostility towards the institution of litigation and its concomitant skepticism as to ability of litigation to function as a mechanism for organizing social relations and collectively administering justice. The article takes a pointillist approach, commenting …

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Coalgebras And Their Logics, Alexander Kurz Jan 2006

Coalgebras And Their Logics, Alexander Kurz

Engineering Faculty Articles and Research

"Transition systems pervade much of computer science. This article outlines the beginnings of a general theory of specification languages for transition systems. More specifically, transition systems are generalised to coalgebras. Specification languages together with their proof systems, in the following called (logical or modal) calculi, are presented by the associated classes of algebras (e.g., classical propositional logic by Boolean algebras). Stone duality will be used to relate the logics and their coalgebraic semantics."

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Gender Differences In How Men And Women Referred With In Vitro Fertilization (Ivf) Cope With Infertility Stress, Brennan Peterson, C. R. Newton, K. H. Rosen, G. E. Skaggs Jan 2006

Gender Differences In How Men And Women Referred With In Vitro Fertilization (Ivf) Cope With Infertility Stress, Brennan Peterson, C. R. Newton, K. H. Rosen, G. E. Skaggs

Psychology Faculty Articles and Research

Men and women use a variety of coping strategies to manage stress associated with infertility. While previous research has helped us understand these coping processes, questions remain about gender differences in coping and the nature of the relationship between coping and specific types of infertility stress. Methods: This study examined the coping behaviors of 1,026 (520 women, 506 men) consecutively referred patients at a Universityaffiliated teaching hospital. Participants completed the Ways of Coping Questionnaire, Fertility Problem Inventory, and the Dyadic Adjustment Scale. Results: Women used proportionately greater amounts of confrontive coping, accepting responsibility, seeking social support, and escape/avoidance when compared …

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Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender Jan 2006

Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender

Faculty Articles

In this review, the author advocates for a work which provides much needed attention to Latinos in the context of American Law. Specifically, the review outlines key elements of Soltero’s work, which highlights Latino Supreme Court cases.

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The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark Jan 2006

The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark

Faculty Articles

This article discusses the controversial right-to-die law, and the prominent cases surrounding it. It critically outlines various case outcomes with respect to the law, and discusses seminal development the law has seen.

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Front Matter Jan 2006

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2006

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2006

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2006

Front Matter

Michigan Law Review

No abstract provided.

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Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue Jan 2006

Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue

All Faculty Publications

Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from …

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Taking Pause While Moving Through Change, Patricia Ann Torba Jan 2006

Taking Pause While Moving Through Change, Patricia Ann Torba

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Modeling And Visualization Of Automated Feature Extraction Workflows, Scott W. Bouma Jan 2006

Modeling And Visualization Of Automated Feature Extraction Workflows, Scott W. Bouma

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Salmon Oysters And The Spotted Owl: Environment And Economy In Coastal Washington 1985-2006, Robert A. Bauer Jan 2006

Salmon Oysters And The Spotted Owl: Environment And Economy In Coastal Washington 1985-2006, Robert A. Bauer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Farming Community In Transition: The Impact Of Sprawl On The Agricultural Legacy In The Bitterroot Valley, Jayne E. Barnes Jan 2006

Farming Community In Transition: The Impact Of Sprawl On The Agricultural Legacy In The Bitterroot Valley, Jayne E. Barnes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Comprehensive Forensic Case Report Case Umfc 39, Christina M. Traore Jan 2006

Comprehensive Forensic Case Report Case Umfc 39, Christina M. Traore

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Snow Accumulation And Snowmelt In Thinned And Unthinned Lodgepole Pine Stands, West Central Montana, Jason Sappington Jan 2006

Snow Accumulation And Snowmelt In Thinned And Unthinned Lodgepole Pine Stands, West Central Montana, Jason Sappington

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Amicus Briefs In Barrett V. Rosenthal, California Supreme Court Jan 2006

Amicus Briefs In Barrett V. Rosenthal, California Supreme Court

Historical and Topical Legal Documents

No abstract provided.

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Child Study And Treatment Center Documentary Film, Jeanne Elizabeth Hopkins Jan 2006

Child Study And Treatment Center Documentary Film, Jeanne Elizabeth Hopkins

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Web-Based Learning Among Rare Pride Conservation Education Campaign Managers., Ashley Jeanne Parkinson Jan 2006

Web-Based Learning Among Rare Pride Conservation Education Campaign Managers., Ashley Jeanne Parkinson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Non-Competition Agreements And Research Productivity In The Biotechnology Industry, Porcher L. Taylor Iii, Joseph E. Coombs Jan 2006

Non-Competition Agreements And Research Productivity In The Biotechnology Industry, Porcher L. Taylor Iii, Joseph E. Coombs

School of Professional and Continuing Studies Faculty Publications

This paper examines the impact of the state-level legal structure, namely the legal support for non-competition agreements, on research productivity. Specifically, we study how California’s unique lack of non-competition agreement laws influences product develop when controlling for local munificence and firm-level technological capability. Our results indicate that California’s unique legal structure is negatively associated with research productivity as measured by the number of products in development at the time a biotechnology firm goes public. Further, firm size moderates this relationship such that the effect is stronger for smaller biotechnology firms.

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Towards Health Informatics 2.0: Blogs, Podcasts And Web 2.0 Applications In Nursing And Health Informatics Education And Professional Collaboration, Peter J. Murray, Margaret M. Hansen Edd, Msn, Rn Jan 2006

Towards Health Informatics 2.0: Blogs, Podcasts And Web 2.0 Applications In Nursing And Health Informatics Education And Professional Collaboration, Peter J. Murray, Margaret M. Hansen Edd, Msn, Rn

Nursing and Health Professions Faculty Research and Publications

Health professionals and students are expected to be proficient in basic information technology so as to mitigate error, communicate effectively, manage information and collaborate with peers. Web 2.0 applications such as blogs, podcasts and wikis are social networking tools that may enhance health professionals' development of such skills. As Web 2.0 application use by health professionals is in its infancy, the purpose of this paper is to present examples of the use of such tools that hold potential for online and mobile information dissemination, knowledge building in education, and professional collaboration. Examples based in a collaborative model of virtual conference …

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