Law Commons^™

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.

Santa Clara Magazine, Volume 43 Number 4, Spring 2002, Santa Clara University

Santa Clara Magazine

3 - BIG GIFT FOR BUSINESS SCHOOL BUILDING By SCM Staff. Silicon Valley investor Don Lucas donates $15 million to the Leavey School of Business.

8 - REACHING THE GOAL By Barry Holtzclaw. The women's soccer program has steadily become a national power.

16 - THE ART OF ADMISSION By John Kovacevich. The admissions office shapes the classes of the future by seeking a mix of diversity, creativity, and promise .

Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Research Collection Yong Pung How School Of Law

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explore this issue and …

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

The Translocation Of Barramundi (Lates Calcarifer) For Aquaculture And Recreational Fishery Enhancement In Western Australia., Tina Thorne

Fisheries management papers

This Management Paper is intended to assist the Executive Director when considering the issuing of authorisations for commercial aquaculture under Section 92 of the Fish Resources Management Act 1994; written approvals or written authorities for the translocation of barramundi under Regulation 176 of the Fish Resources Management Regulations 1995; and in the development of programs for recreational fishery enhancement of barramundi. It is also designed to provide guidance to the aquaculture industry and recreational fishing groups when considering the farming or stocking of barramundi in this State.

Policy For The Implementation Of Ecologically Sustainable Development Fisheries And Aquaculture Within Western Australia, W. J. Fletcher

Fisheries management papers

The purpose of this ESD policy is to outline a way forward by showing in a practical manner: • how the ESD principles will be interpreted and applied within the fisheries context generally and within the Department of Fisheries specifically, • the conceptual framework that will be used to assess performance against ESD principles, • the methods for reporting on and auditing this performance, and • how these principles and the framework relate to other relevant state, national and international treaties and instruments.

Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …

Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea

David A Hoffman

This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …

Thinking Outside The Box: The Challenge Of Maine's Regional Service Centers, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The challenges facing regional service center communities in Maine need to be addressed by creative problem solving which goes beyond the simplistic and flawed assumptions of the "Closed Loop" model of service center revenue. Many existing strategies to increase municipal revenue through tax incentives and inappropriate economic development are often counterproductive to the long-term well-being of service center communities and their quality of life. The health of RSC's is critically important for the well-being of the state as a whole, and the taxpayers in these communities should not be expected to assume the entire financial burden of providing needed services …

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton

Winthrop Faculty and Staff Publications

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Academic Freedom In Times Of Turmoil, Petr Kolar

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University November 5, 2001.

Innovations In Competitive Manufacturing, Paul Swamidass

Paul Swamidass

Competitive manufacturing in the US was made possible by the progress made in a number of areas. For example, progress in competitive manufacturing is attributable to advances in the strategic use if manufacturing, cellular manufacturing, lean manufacturing, flexible automation, total quality management, supply chain management, design for manufacturing, mass customization, improved costing, and so on.

Pressured by competition, US manufacturers began the journey to competitive manufacturing in the late seventies; their success brought revolutionary changes to US manufacturing.

The book is arranged in 13 different chapters, each covering a major subject within manufacturing management. Each chapter consists of one or …

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

How I Learned To Stop Worrying And Love The Pill: Adaptive Responses To Takeover Law, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Proposal For A Centralized And Integrated Registry For Security Interests In Intellectual Property, William J. Murphy

Law Faculty Scholarship

As the world economy enters the twenty-first century, job and wealth creation is increasingly based on innovation and creativity that, in turn, can give rise to important intellectual property rights. For many companies and individuals these intellectual property rights may represent their most valuable assets, or in some cases, their only valuable assets. As a result, intellectual property rights increasingly play a critical the role in financing.

Unlocking the job and wealth creating potential of intellectual property assets requires putting these assets into use, and that often requires a capital investment. Unfortunately, many entrepreneurs and innovators lack the capital necessary …

Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao

Faculty Publications

In the global economy, a General Motors automobile may involve South Korean assembly; Japanese engines; German design and style engineering; Taiwanese, Singaporean, and Japanese small components; British advertising and marketing; and Irish and Barbadian data processing. What is the country of origin of this product? How should U.S. trade laws evaluate a product's origin, if it is a global composite with research, assembly, processing, and manufacturing performed in different countries? Similarly, corporations have become increasingly global in orientation and operations. Even "national" corporations have lost their territorial ties to the state of their nationality. Through a phenomenon termed "global outsourcing" …

Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell

Theses and Dissertations in Business Administration

One of the primary attributes of a free market economy is the uninhibited flow of truthful information regarding the goods and services available in the marketplace (Azcuenaga 1995). This free flow of information, in the form of advertising, enhances market performance by informing consumers and enabling firms to compete equitably based on the attributes of their offerings. Studies reveal that, for the vast majority of marketing managers, the regulatory environment serves as the primary influence in advertising strategy development and decision-making (Davis 1994). However, in their theory development, behavioral researchers often ignore the legal aspects promulgated by the FTC. Furthermore, …

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …

Never Trust A Corporation, William W. Bratton

All Faculty Scholarship

No abstract provided.

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Social Responsibility Of Large Multinational Corporations, Douglas M. Branson

Articles

In the 1970s, legal scholars wrote extensively on the subject, as it was then known, "corporate social responsibility." Proposals surfaced for pubic interest directors, mandatory social accounting and disclosure, increased use of Security Exchange Commission (SEC) shareholder proxy proposals, federal minimum debate was eclipsed completely by the law and economics movement of the 1980s. Now, in the new century, the inquiry into social responsibility of large corporations has begun anew. This article is an attempt to take that inquiry, or debate, and place it in the international context.

I have four stories to tell. First is that much of the …

The Rule That Isn't A Rule - The Business Judgment Rule, Douglas M. Branson

Articles

On a doctrinal basis, few areas of corporate law are more confused then the duty of care applicable to corporate officials and its handmaiden, the business judgment rule. The tendency of many scholars and practitioners has been to collapse the duty of care into the business judgment rule, as Professor Stuart Cohn pointed out more than a decade ago. The business judgment rule is a separate legal construct that is related to, but separate from, the duty of care and one which protects only proactive and not somnambulant directors and officers. The business judgment rule stays at center stage for …

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

All Faculty Scholarship

Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …

Enron And The Dark Side Of Shareholder Value, William W. Bratton

All Faculty Scholarship

No abstract provided.

Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman

All Faculty Scholarship

No abstract provided.