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Full-Text Articles in Law

Measuring The Next 30 Years, Beth Locker, Andrew Barclay Oct 2007

Measuring The Next 30 Years, Beth Locker, Andrew Barclay

University of Michigan Journal of Law Reform

The last thirty years have seen many changes in the field of child protection, as child welfare law and policy have been undergoing nearly constant change. Those changes, however, have rarely been supported by data or scientific research; rather, they seem to have been largely driven by individual perception of events and gut instincts resulting in what has become essentially a folklore-based system. By focusing on data and scientific research, we hope for better outcomes, but short of that, we at least hope to know whether, and why, outcomes change. The move towards data collection and analysis has begun, but …


Restoring The Genetic Commons: A Common Sense Approach To Biotechnology Patents In The Wake Of Ksr V. Teleflex , Anna Bartow Laakmann Jan 2007

Restoring The Genetic Commons: A Common Sense Approach To Biotechnology Patents In The Wake Of Ksr V. Teleflex , Anna Bartow Laakmann

Michigan Telecommunications & Technology Law Review

In this Article, I argue that a new approach to biotechnology patenting is necessary to fully realize the tremendous potential of recent advances in our understanding of the human genome. Part I places the gene patenting debate in context by highlighting the key landmarks that have shaped the biotechnology industry and outlining the products and stakeholders that comprise the industry. Part II describes the current state of the law on biotechnology patents, summarizing the Federal Circuit's application of the various doctrines that collectively define the patent landscape's parameters. In this Part, I explain how the Federal Circuit's jurisprudence is tied …


What Is Hiding In The Bushes - Ebay's Effect On Holdout Behavior In Patent Thickets, Gavin D. George Jan 2007

What Is Hiding In The Bushes - Ebay's Effect On Holdout Behavior In Patent Thickets, Gavin D. George

Michigan Telecommunications & Technology Law Review

Importantly, at least a few relevant patent holders are inevitably left out of an industry organization's collection of patents. These left-out patent holders, known as "holdouts," can undermine the collective arrangement with demand letters and infringement suits.[...] The first part of this Note explains why holdouts exist in the first place, given the benefits of joining an organization of collected patents. In the second part of this Note, I explore the lack of legal protections against holdout demands offered by pre-eBay patent law. The third part of this Note introduces the eBay decision as revolutionary addition to list of legal …


Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins Jan 2007

Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins

Michigan Telecommunications & Technology Law Review

The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …


Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna Jan 2007

Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna

Michigan Journal of International Law

This Note assesses the practices of pre-implantation and prenatal genetic screening and sex-determination through an international human rights framework founded in the Universal Declaration of Human Rights (Universal Declaration), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).