Digital Commons Network^™

Laws Of Nature Versus Man Made Creations: A Balancing Approach To Patent Eligibility In Assocation For Molecular Pathology V. Myriad Genetics, Inc., Salina Tariq

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Preemption Of Other State Law By The Uniform Trade Secrets Act, Richard F. Dole Jr.

SMU Science and Technology Law Review

No abstract provided.

The New Frontier - Ivf's Challenges For State Courts And Legislatures, Mark Strasser

SMU Science and Technology Law Review

No abstract provided.

The Impact Of Technology On Equal Protection As Applied In Voir Dire: Examining Inventions' Influence On Peremptory Strikes And The Standard Of Review, Tera Bias

SMU Science and Technology Law Review

No abstract provided.

The Internet And Its Discontents: 3-D Printing, The Commerce Clause, And A Possible Solution To An Inevitable Problem, Jeffrey T. Leslie

SMU Science and Technology Law Review

No abstract provided.

Revenge: Free Of Charge, Salina Tariq

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

The Indie Lawyer Of The Future: How New Technology, Cultural Trends, And Market Forces Can Transform The Solo Practice Of Law, Lucille A. Jewel

SMU Science and Technology Law Review

No abstract provided.

Evolving Patent Legislation Growing Pains, Eric Carr

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Cyberspace: A Constitutionally Protected Forum For Free Speech, Donald H. Flanary Iii, Jessica J. Pritchett

SMU Science and Technology Law Review

No abstract provided.

Liking The Social Media Revolution, Thaddeus Hoffmeister

SMU Science and Technology Law Review

No abstract provided.

Judges And Social Media: Disclosure As Disinfectant, Benjamin P. Cooper

SMU Science and Technology Law Review

No abstract provided.

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

SMU Science and Technology Law Review

No abstract provided.

Avoiding Misrepresentation In Informal Social Media Discovery, Agnieszka Mcpeak

SMU Science and Technology Law Review

No abstract provided.

Should Voir Dire Become Voir Google - Ethical Implications Of Researching Jurors On Social Media, John G. Browning

SMU Science and Technology Law Review

No abstract provided.

Gratian And The Jews, Kenneth Pennington

Scholarly Articles

Since Anders Winroth and Carlos Larrainzar discovered earlier versions of Gratian’s Decretum, legal historians have explored these manuscripts for evidence that they hoped would reveal how Gratian’s changes and additions to his text could provide insights into how his thought and ideas developed.

Although there is still a vigorous debate about exactly how the manuscript tradition reflects the evolution of his Decretum, we know far more about Gratian now than we did before. Not everyone agrees on what we know. I think that Gratian began teaching in the 1120s, that the Saint Gall manuscript 673 is the earliest witness to …

Moderamen Inculpatae Tutelae: The Jurisprudence Of A Justifiable Defense, Kenneth Pennington

Scholarly Articles

Intentionality and proportionality enter the jurisprudence dealing with rights of defense at the end of the third century of the common era. A rescript of the emperors Diocletian and Maximian to a certain Theodorus in 290 A.D. resolved a legal issue that had arisen from a court case. The question sent to the imperial court must have been: what kind of a defense a person can use if a robber attempts to take his property away. The imperial court’s response coined a new term, “moderamen inculpatae tutelae” that had never been used before, at least not in the sources that …

¡No Contaban Con Mi Astucia! México: Parodia, Nación Y Sujeto En La Serie Televisiva De El Chapulín Colorado, Carlos Aguasaco

Publications and Research

¡No contaban con mi astucia! México: parodia, nación y sujeto en la serie televisiva de ‘El Chapulín Colorado’ (Universidad Autónoma de Nuevo León, 2014) es un estudio revolucionario del impacto y la efectividad residual de la literatura del Siglo de Oro y el periodo colonial en la producción audiovisual de Latinoamérica en el siglo veinte. El trabajo de Roberto Gómez Bolaños (creador de El Chapulín Colorado) se transmite hoy en día tanto en el formato original como en series animadas en varios canales de USA. El público norte americano y la academia están presenciando la consolidación de los estudios audiovisuales …

Misconstruing Graham & Miller, Cara H. Drinan

Scholarly Articles

In the last three years the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in its Graham v. Florida and Miller v. Alabama rulings, the Court struck down a majority of the states’ juvenile sentencing laws, outlawing life without parole for juveniles who commit non-homicide offenses and mandating individualized sentencing for those children who commit even the most serious crimes. An examination of state laws and sentencing practices, however, suggests that the Graham and Miller rulings have fallen on deaf ears. After briefly describing what these two decisions required of the states, in …

Observations On Macdonald V. Moose, Kevin C. Walsh

Scholarly Articles

In MacDonald v. Moose, a split panel of the U.S. Court of Appeals for the Fourth Circuit granted a petition for a writ of habeas corpus to undo the state criminal conviction of an adult for soliciting oral sex from a minor. Based on Lawrence v. Texas, the court held a longstanding Virginia prohibition of bestiality and sodomy to be partially facially unconstitutional. Its decision left the bestiality prohibition untouched while holding the sodomy prohibition completely unenforceable, even as applied in cases involving minors.

The panel majority misapplied the deferential standard of review required by Congress for federal habeas …

Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory,, Kevin C. Walsh, Marc O. Degirolami

Scholarly Articles

Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …

Bridging The Gaps In Property Theory, Adam J. Macleod

Scholarly Articles

Though several others can rightly be said to have done as much, no one has done more to rehabilitate the idea of property as a meaningful normative concept than James Penner and Henry Smith. That the two of them have edited a collection together is a substantial reason to read it. That the collection contains contributions from many of the best property theorists is another. The introduction to the book sets the ambitious goal of identifying what needs explaining in the ‘broad space that lies between’ the philosophy of property and scholarship about particular legal doctrines. For anyone interested in …

Lichens Of Six Vernal Pools In Acadia National Park, Me, Usa, J. Barton, B. Ciccotelli, J. E. Gall, F. C. Olday, B. Connery, T. B. Harris, A. M. Fryday, Nishanta Rajakaruna

Faculty Publications, Biological Sciences

Whereas lichen-habitat relations have been well-documented globally, literature on lichens of vernal pools is scant. We surveyed six vernal pools at Acadia National Park on Mount Desert Island, Maine, USA for their lichen diversity. Sixty-seven species were identified, including seven species that are new reports for Acadia National Park: Fuscidea arboricola, Hypogymnia incurvoides, Lepraria finkii, Phaeographis inusta, Ropalospora viridis, Usnea flammea, and Violella fucata. Five species are considered uncommon or only locally common in New England: Everniastrum catawbiense, Hypogymnia krogiae, Pseudevernia cladonia, Usnea flammea, and Usnea merrillii. This work represents the first survey of lichens from vernal pools in Acadia …

Integrated Assessment Of Biological Invasions, Inés Ibáñez, Jeffrey M. Diez, Luke P. Miller, Julian D. Olden, Cascade J.B. Sorte, Dana M. Blumenthal, Bethany A. Bradley, Carla M. D'Antonio, Jeffrey S. Dukes, Regan I. Early, Edwin D. Grosholz, Joshua J. Lawler

Faculty Publications, Biological Sciences

As the main witnesses of the ecological and economic impacts of invasions on ecosystems around the world, ecologists seek to provide the relevant science that informs managers about the potential for invasion of specific organisms in their region(s) of interest. Yet, the assorted literature that could inform such forecasts is rarely integrated to do so, and further, the diverse nature of the data available complicates synthesis and quantitative prediction. Here we present a set of analytical tools for synthesizing different levels of distributional and/or demographic data to produce meaningful assessments of invasion potential that can guide management at multiple phases …

Diversity And Soil-Tissue Elemental Relations Of Vascular Plants Of Callahan Mine, Brooksville, Maine, U.S.A, Margaret Mansfield, Nathaniel Pope, Glen Mittlehauser, Nishanta Rajakaruna

Faculty Publications, Biological Sciences

Metal-contaminated soils provide numerous stressors to plant life, resulting in unique plant communities worldwide. The current study focuses on the vascular plants of Callahan Mine in Brooksville, ME, USA, a Superfund site contaminated with Cu, Zn, Pb, and other pollutants. One hundred and fifty-five taxa belonging to 50 families were identified, with the Asteraceae (21%), Poaceae (11%), and Rosaceae (9%) as the most species-rich families. Ninety-six species encountered at the Mine were native to North America (62%), including 11 taxa (7%) with rarity status in at least one New England state. Fifty-one species were non-native (33%), including nine taxa (6%) …

The Day After Tomorrow: A Survey Of How Gulf Coast State Utility Commissions And Utilities Are Preparing For Future Storms, Katherine Carey

Sabin Center for Climate Change Law

With widespread outages caused by devastating natural disasters such as Superstorm Sandy and Hurricane Ike in the nation’s recent memory, the public wants to know that the electric utility industry is prepared to withstand and respond to the storms of the future. But is the industry prepared? The government’s role in regulating the electric utility industry makes it impossible to properly analyze why industry players are prepared or unprepared without looking at the actions and decisions of the state regulatory officials. The industry’s actions are inherently tied to the regulations it is required to follow and the costs it is …

Article Iii And Bankruptcy Code Standing: Preserving A Party’S Right To Object To A Proposed Reorganization Plan, James Scahill

Bankruptcy Research Library

(Excerpt)

In a chapter 11 bankruptcy proceeding, a troubled company can either restructure or liquidate through a confirmed chapter 11 plan. To encourage more participation in reorganization cases, courts have broadly interpreted section 1109(b) of the Bankruptcy Code, which determines who may object to a plan. Section 1109(b) states that “a party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may raise and may appear and be heard on any issue in a case under this chapter.” A party wishing to object to …

Section 365 Of The Bankruptcy Code Preempts Provisions Of State Dealer Statutes, Andrew Ziemianski

Bankruptcy Research Library

(Excerpt)

In bankruptcy proceedings, the rejection of an executory contract by a trustee under section 365 of the Bankruptcy Code constitutes a prepetition breach of contract, which gives rise to a general unsecured claim. The rejection damages claim, which is governed by state common law, will generally not be paid in full in bankruptcy.

The Bankruptcy Code will impliedly preempt state statutes that impose additional statutory damages, as these statutes impose damages for economic benefit of the counterparty and “‘frustrate section 365’s purpose of giving a debtor the power to decide which contracts it will assume and assign or reject …