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2016

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Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski Jan 2016

Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski

Faculty Scholarship

The most striking development in the American tort law of the last century was the quick rise and fall of strict manufacturers’ liability for the huge social losses associated with the use of industrial products. The most important factor in this process has been the inability of the courts and academic commentators to develop a workable theory of design defects, resulting in a wholesale return of negligence as the basis of products liability jurisprudence. This article explains the reasons for this failure and argues that the development of digital technology, and the advent of self-driving cars in particular, is likely …

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The Gang That Couldn't Shoot Straight: The Not So Magnificent Seven Of The Wto Appellate Body, Petros C. Mavroidis Jan 2016

The Gang That Couldn't Shoot Straight: The Not So Magnificent Seven Of The Wto Appellate Body, Petros C. Mavroidis

Faculty Scholarship

The WTO Appellate Body (AB) has produced a volume-wise important body of case law, which is often difficult to penetrate, never mind classify. Howse (2016) has attempted a very lucid taxonomy of the case law using the standard of review as benchmark for it. His conclusion is that the AB is quite cautious when facing nondiscriminatory measures, especially measures relating to the protection of human life and health, while it has adopted a more intrusive (into national sovereignty) standard when dealing with trade measures (like antidumping), which are by definition discriminatory as they concern imports only. In my response, I …

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Removing The "Silencer": Coverage And Protection Of Physician Speech Under The First Amendment, Ryan T. Weiss Jan 2016

Removing The "Silencer": Coverage And Protection Of Physician Speech Under The First Amendment, Ryan T. Weiss

Duke Law Journal

The physician–patient relationship rests on a bedrock of trust. Without trust, patients—and for that matter, physicians—are less willing to divulge information critical to providing accurate medical diagnoses and treatments. The state of Florida seemingly ignored this when its legislature, with support from the National Rifle Association and other pro-gun advocates, enacted the Firearm Owners Privacy Act (FOPA), a statute that restricts physicians from questioning their patients about firearm ownership. In Wollschlaeger v. Governor of Florida , the United States Court of Appeals for the Eleventh Circuit held that FOPA did not regulate physician speech but, instead, regulated physician conduct. As …

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How Courts Adjudicate Patent Definiteness And Disclosure, John R. Allison, Lisa Larrimore Ouellette Jan 2016

How Courts Adjudicate Patent Definiteness And Disclosure, John R. Allison, Lisa Larrimore Ouellette

Duke Law Journal

Section 112 of the Patent Act requires patentees to clearly explain what their invention is (a requirement known as claim definiteness), as well as how to make and use it (the disclosure requirements of enablement and written description). Many concerns about the modern patent system stem from these requirements. But despite the critical importance of § 112 to the functioning of the patent system, there is surprisingly little empirical data about how it has been applied in practice. To remedy the reliance on anecdotes, we have created a hand-coded dataset of 1144 reported court decisions from 1982 to 2012 in …

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“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram Jan 2016

“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram

Faculty Scholarship

No abstract provided.

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After The Tmdls, Dave Owen Jan 2016

After The Tmdls, Dave Owen

Faculty Scholarship

No abstract provided.

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Bending In The Breeze: American Class Actions In The Twenty-First Century, Richard L. Marcus Jan 2016

Bending In The Breeze: American Class Actions In The Twenty-First Century, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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Drug Wars: A New Generation Of Generic Pharmaceutical Delay, Robin Feldman, Evan Frondorf Jan 2016

Drug Wars: A New Generation Of Generic Pharmaceutical Delay, Robin Feldman, Evan Frondorf

Faculty Scholarship

No abstract provided.

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First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit Rubinstein Reiss, Rene F. Najera Jan 2016

First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit Rubinstein Reiss, Rene F. Najera

Faculty Scholarship

No abstract provided.

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Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan Jan 2016

Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan

Faculty Scholarship

No abstract provided.

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Health Impact Of Human Rights Testimony: Harming The Most Vulnerable?, Karen Musalo, Susan M. Meffert, Shonali Shome, Thomas C. Neylan Jan 2016

Health Impact Of Human Rights Testimony: Harming The Most Vulnerable?, Karen Musalo, Susan M. Meffert, Shonali Shome, Thomas C. Neylan

Faculty Scholarship

No abstract provided.

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Cultural Factors And Ethical Integrity, Jessica Vapnek Jan 2016

Cultural Factors And Ethical Integrity, Jessica Vapnek

Faculty Scholarship

No abstract provided.

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Gender-Based Asylum Post-Matter Of A-R-C-G-: Evolving Standards Of The Law, Blaine Bookey Jan 2016

Gender-Based Asylum Post-Matter Of A-R-C-G-: Evolving Standards Of The Law, Blaine Bookey

Faculty Scholarship

No abstract provided.

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Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan S. Masur, Arti K. Rai Jan 2016

Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan S. Masur, Arti K. Rai

Faculty Scholarship

No abstract provided.

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Mindful Judging 1.5: The Science Of Attention, "Lie Detection, And Bias Reduction - With Kindness,, Clark Freshman, Shauna Shapiro, Sarah De Sousa Jan 2016

Mindful Judging 1.5: The Science Of Attention, "Lie Detection, And Bias Reduction - With Kindness,, Clark Freshman, Shauna Shapiro, Sarah De Sousa

Faculty Scholarship

No abstract provided.

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Informed Consent, Body Property, And Self-Sovereignty, Radhika Rao Jan 2016

Informed Consent, Body Property, And Self-Sovereignty, Radhika Rao

Faculty Scholarship

No abstract provided.

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The Birth Of The Birth Certificate: Age, Child Labor And The Growth Of The Administrative State Reviewing Susan J. Pearson, "Age Ought To Be A Fact": The Campaign Against Child Labor And The Rise Of The Birth Certificate, J. Of Am. Hist. 101, Reuel E. Schiller Jan 2016

The Birth Of The Birth Certificate: Age, Child Labor And The Growth Of The Administrative State Reviewing Susan J. Pearson, "Age Ought To Be A Fact": The Campaign Against Child Labor And The Rise Of The Birth Certificate, J. Of Am. Hist. 101, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

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Property Damage In The Domestic Violence Context, D. Kelly Weisberg Jan 2016

Property Damage In The Domestic Violence Context, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

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The Multiplication Effect Of Legal Insurance, Ben Depoorter, Jef De Mot, Michael G. Faure Jan 2016

The Multiplication Effect Of Legal Insurance, Ben Depoorter, Jef De Mot, Michael G. Faure

Faculty Scholarship

No abstract provided.

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Rebellious Heroes, Ascanio Piomelli Jan 2016

Rebellious Heroes, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

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Regulatory Property: The New Ip, Robin Feldman Jan 2016

Regulatory Property: The New Ip, Robin Feldman

Faculty Scholarship

No abstract provided.

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Startups And Unmet Legal Needs, Robin Feldman, Alice Armitage, Evan Frondorf, Christopher Williams Jan 2016

Startups And Unmet Legal Needs, Robin Feldman, Alice Armitage, Evan Frondorf, Christopher Williams

Faculty Scholarship

No abstract provided.

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Social Enterprise Governance, Alina S. Ball Jan 2016

Social Enterprise Governance, Alina S. Ball

Faculty Scholarship

No abstract provided.

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South Africa And The Human Right To Water: Equity, Ecology, And The Public Trust Doctrine, David Takacs Jan 2016

South Africa And The Human Right To Water: Equity, Ecology, And The Public Trust Doctrine, David Takacs

Faculty Scholarship

No abstract provided.

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The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Jaime S. King, Erin C. Fuse Brown Jan 2016

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Jaime S. King, Erin C. Fuse Brown

Faculty Scholarship

No abstract provided.

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The Gravitational Force Of Federal Law, Scott Dodson Jan 2016

The Gravitational Force Of Federal Law, Scott Dodson

Faculty Scholarship

No abstract provided.

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Whole-Genome Screening Of Newborns? The Constitutional Boundaries Of State Newborn Screening Programs, Jaime S. King, Monica E. Smith Jan 2016

Whole-Genome Screening Of Newborns? The Constitutional Boundaries Of State Newborn Screening Programs, Jaime S. King, Monica E. Smith

Faculty Scholarship

No abstract provided.

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Polishing The Apple: A Holistic Approach To Developing Public Health Law Educators As Leaders Of Change, Debra Gerardi Jan 2016

Polishing The Apple: A Holistic Approach To Developing Public Health Law Educators As Leaders Of Change, Debra Gerardi

Faculty Scholarship

No abstract provided.

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Examining The Role Of Psychological Inflexibility, Perspective Taking And Empathic Concern In Generalized Prejudice, Michael E. Levin, Jason B. Luoma, Roger Vilardaga, Jason Lillis, Richard Nobles, Steven C. Hayes Jan 2016

Examining The Role Of Psychological Inflexibility, Perspective Taking And Empathic Concern In Generalized Prejudice, Michael E. Levin, Jason B. Luoma, Roger Vilardaga, Jason Lillis, Richard Nobles, Steven C. Hayes

Psychology Faculty Publications

Research to-date on generalized prejudice has focused primarily on personality factors. Further work is needed identifying manipulable variables that directly inform anti-prejudice interventions. The current study examined three such variables: empathic concern, perspective taking, and psychological inflexibility/flexibility with prejudiced thoughts, as a test of the flexible connectedness model. A sample of 604 undergraduate students completed online surveys. A model indicated prejudice measures loaded onto a latent variable of generalized prejudice. In a second model, psychological inflexibility, flexibility, empathic concern and perspective taking were all significant, independent predictors of generalized prejudice. Psychological inflexibility also predicted prejudice above and beyond personality and …

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A Bacterial Quorum-Sensing Precursor Induces Mortality In The Marine Coccolithophore, Emiliania Huxleyi, Elizabeth L. Harvey, Robert W. Deering, David C. Rowley, Kristen E. Whalen Jan 2016

A Bacterial Quorum-Sensing Precursor Induces Mortality In The Marine Coccolithophore, Emiliania Huxleyi, Elizabeth L. Harvey, Robert W. Deering, David C. Rowley, Kristen E. Whalen

Biology Faculty Scholarship

No abstract provided.

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