Law Commons^™

Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes

Articles, Book Chapters, & Popular Press

The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

Articles

Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Advances in fundamental biomedical research play an important and growing role in the development of new therapeutic and diagnostic products. Although the development of pharmaceutical end products has long been a proprietary enterprise, biomedical research comes from a very different tradition of open science. Within this tradition, long-standing norms call for relatively unfettered access to fundamental knowledge developed by prior researchers. The tradition of open science has eroded considerably over the past quarter century as proprietary claims have reached farther upstream from end products to cover fundamental discoveries that provide the knowledge base for future product development.

Preparing For Climatic Change: The Water, Salmon, And Forests Of The Pacific Northwest, Philip W. Mote, Edward A. Parson, Alan F. Hamlet, William S. Keeton, Dennis Lettenmaier, Nathan Mantua, Edward L. Miles, David W. Peterson, David L. Peterson, Richard Slaughter, Amy K. Snover

Articles

The impacts of year-to-year and decade-to-decade climatic variations on some of the Pacific Northwest’s key natural resources can be quantified to estimate sensitivity to regional climatic changes expected as part of anthropogenic global climatic change. Warmer, drier years, often associated with El Niño events and/or the warm phase of the Pacific Decadal Oscillation, tend to be associated with below-average snowpack, streamflow, and flood risk, below-average salmon survival, below-average forest growth, and above-average risk of forest fire. During the 20th century, the region experienced a warming of 0.8 ◦C. Using output from eight climate models, we project a further warming of …

Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks

Articles

Based on the experience of the U.S. National Assessment, we propose a program of research and analysis to advance capability for assessment of climate impacts, vulnerabilities, and adaptation options. We identify specific priorities for scientific research on the responses of ecological and socioeconomic systems to climate and other stresses; for improvement in the climatic inputs to impact assessments; and for further development of assessment methods to improve their practical utility to decision-makers. Finally, we propose a new institutional model for assessment, based principally on regional efforts that integrate observations, research, data, applications, and assessment on climate and linked environmental-change issues. …

Information Technology Transactions: Business, Management And Legal Strategies By Dunca Card (Toronto: Carswell, 2002), Michael E. Deturbide

Canadian Journal of Law and Technology

Although a number of Canadian books have appeared over the past few years addressing the legal issues that have arisen with the explosion in information technology, few have highlighted the practical implica- tions that these legal issues have in technology transac- tions. Duncan Card’s new book, Information Tech- nology Transactions: Business, Management and Legal Strategies, tackles these issues from a practical perspective that will be useful, as the title suggests, to both lawyers and management.

Envisioning Copyright Law's Digital Future, Peter S. Menell

NYLS Law Review

No abstract provided.

The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford

Faculty Scholarship

This article discusses the legal and economic foundations, as well as the practical implications of the Commission's proposal for a new technology transfer block exemption regulation ("TTBER'') and associated Guidelines.

The article concludes that the new TTBER brings desirable flexibility to the assessment of the competitive effects of technology licensing agreements by abolishing the current division of the clauses into four categories of exempted, white, black and grey clauses. The Commission's proposal is also praised for extending the scope of the Regulation to software copyright licences and for exempting some efficiency-enhancing restrictions that currently fall outside of the TTBER. The …

Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan

Washington and Lee Law Review

No abstract provided.

Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry

NYLS Law Review

No abstract provided.

Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels

NYLS Law Review

No abstract provided.

Patent Thickets: Strategic Patenting Of Complex Technologies, James Bessen

Faculty Scholarship

Patent race models assume that an innovator wins the only patent covering a product. But when technologies are complex, this property right is defective: ownership of a product's technology is shared, not exclusive. In that case I show that if patent standards are low, firms build "thickets" of patents, especially incumbent firms in mature industries. When they assert these patents, innovators are forced to share rents under cross-licenses, making R&D incentives sub-optimal. On the other hand, when lead time advantages are significant and patent standards are high, firms pursue strategies of "mutual non-aggression." Then R&D incentives are stronger, even optimal.

Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Thrombus Formation: Direct Real‐Time Observation And Digital Analysis Of Thrombus Assembly In A Living Mouse By Confocal And Widefield Intravital Microscopy, A. Celi, G Merrill-Skoloff, P. Gross, Shahrokh Falati, D. S. Sim, R. Flaumenhaft, B. C. Furie, B. Furie

Articles & Chapters

We have developed novel instrumentation using confocal and widefield microscopy to image and analyze thrombus formation in real time in the microcirculation of a living mouse. This system provides high-speed, near-simultaneous acquisition of images of multiple fluorescent probes and a brightfield channel, and supports laser-induced injury through the microscope optics. Although this imaging facility requires interface of multiple hardware components, the primary challenge in vascular imaging is careful experimental design and interpretation. This system has been used to localize tissue factor during thrombus formation, to observe defects in thrombus assembly in genetically altered mice, to study the kinetics of platelet …

The Silenced Minority: When The Riaa Charges College Radio For Online Broadcasts, Will The Public End Up Paying?, Eleanor Lackman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gene Patenting: Do The Ends Justify The Means?, Mark A. Chavez

Computer Law Review and Technology Journal

Over the course of the last decade, medical interest and research in the human genome has grown at an exponential rate. As a result, profit-seekers and scientists are turning to patent law to protect their financial and medical interests; recent recipients of patent protection include bacteria, a type of mouse, and even human genes. As these trends in medicine and intellectual property law develop, considerable debates are surging regarding the morality of awarding property rights in biological material, particularly human genes. While both sides of this debate present compelling arguments, if scientists and investors are expected to advance their innovative …

Striking A Balance Between Employer Business Interests And Employee Privacy: Using Respondeat Superior To Justify The Monitoring Of Web-Based, Personal Electronic Mail Accounts Of Employees In The Workplace, Micah Echols

Computer Law Review and Technology Journal

Electronic mail ("e-mail") is a convenient and financially beneficial tool in the workplace. Although businesses that take advantage of e-mail have experienced many benefits, these same businesses also face a number of disadvantages. One such disadvantage is the legal liability that employers may face-under a vicarious liability theory-for the e-mail-related actions of their employees. Due to this exposure, nearly eighty percent of employers have turned to various methods of monitoring their employees, including direct e-mail monitoring. Traditionally, this type of monitoring has been limited to company, proprietary e-mail accounts, in which courts have routinely held that an employee has no …

Proposed Patent Local Rules For Adoption By Texas' Federal District Courts, Alfonso Garcia Chan

Computer Law Review and Technology Journal

This paper proposes a set of local rules to govern patent cases litigated in Texas' U.S. District Courts. The Proposed Patent Local Rules combine the patent rules implemented by U.S. District Judge T. John Ward of the Eastern District of Texas and the most-recent version of the Patent Local Rules of the U.S. District Court for the Northern District of California. The Proposed Patent Local Rules also incorporate comments from the Litigation Committee of the State Bar of Texas Intellectual Property Law Section. The Rules build upon the successes of existing rules in these other courts and can provide trial …

Should Patent Protection Be Considered For Computer Software-Related Innovations?, Elosie Gratton

Computer Law Review and Technology Journal

The twentieth century witnessed the development of more significant scientific and technological advances than any other period in history. In today's society computer-related technologies, including software, are at the forefront of change. But at the beginning of the computer age the computer industry overlooked software in favor of more-valuable computer hardware.

The question of software patentability arose during the 1960's and the early 1970's, when the prevailing view of computer suppliers was that software should not be protected by copyright or patent. The industry believed that a system allowing the free exchange and availability of computer programs might stimulate the …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Information Systems Security And Privacy Issues In The Armed Forces, John C. Dolak, Anna E. Dolak

Computer Law Review and Technology Journal

Members of our Armed Forces serve in foreign countries and throughout the United States. Service members and civilian employees working for the military are permitted limited personal use of military computer systems. This limited usage gives, for example, a sailor on a ship a way to communicate with his parents thousands of miles away. It also means that the military must balance the privacy expectations of users against the need to maintain secure computer systems. The military must also ensure that its systems are not used in an illegal fashion or for illegal purposes. Finally, the military must protect its …

Front Matter, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Censorship, Copyright, And Free Speech: Some Tentative Skepticism About The Campaign To Impose First Amendment Restrictions On Copyright Law, Christopher L. Eisgruber

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Code Versus The Common Law, Stacey L. Dogan

Colorado Technology Law Journal

No abstract provided.

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

Colorado Technology Law Journal

No abstract provided.

Open Communications Platforms: The Physical Infrastructure As The Bedrock Of Innovation And Democratic Discourse In The Internet Age, Mark Cooper

Colorado Technology Law Journal

No abstract provided.

Judicial Review And The Quest To Keep Copyright Pure, Thomas B. Nachbar

Colorado Technology Law Journal

No abstract provided.

Regulation And Free Markets: How To Regulate The Telecommunications Industry In The New Economy, James Crowe

Colorado Technology Law Journal

No abstract provided.