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Articles 1 - 11 of 11
Full-Text Articles in Law
Computer Literacy For Administrative Law Judges, Emilio Jaksetic
Computer Literacy For Administrative Law Judges, Emilio Jaksetic
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter
Journal of the National Association of Administrative Law Judiciary
This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …
Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman
Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Journal of the National Association of Administrative Law Judiciary
This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.
Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh
Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh
Pepperdine Law Review
Congress is empowered, under article I, section 8 of the United States Constitution, to create patent laws that encourage the promotion of arts and sciences. In the congressional fulfillment of this task, the courts have been confused as to what products are worthy of patent protection under the patent statutes. One illustration of this confusion is the recent controversy of whether living organisms fit into the statutory patentable classification of section 101 of the 1952 Patent Act. The recent United States Supreme Court decision of Diamond v. Chakrabarty has ended this confusion by holding that living micro bacteria is patentable …
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Pepperdine Law Review
The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble
International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble
Pepperdine Law Review
The United Nations, through a series of five treaties, has created a body of international space law which controls the activities in space of states, international organizations, and private interests. Corporations planning an investment in commercial space ventures must consider the restrictions and obligations which space law will impose on their activities. This article discusses the substantive principles of the law of outer space and focuses on those provisions which will affect commercial space activities.
The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles
The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles
Pepperdine Law Review
The prodigious advancements of biomedical science in human reproduction have brought both blessing and cursing in recent years. Many join with childless couples and hail the opportunity to bear a child, while others fearfully contemplate the moral and ethical consequences that accompany the birth of that child. In view of those consequences, laws limiting access to the new methods of reproduction are bound to be drawn and couples are bound to challenge them as unconstitutionally limiting their right to privacy. This comment examines the arguments of both sides in determining whether the right of privacy protects the use of the …
Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas
Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas
Pepperdine Law Review
No abstract provided.
Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon
Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon
Pepperdine Law Review
No abstract provided.