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Articles 1 - 30 of 41
Full-Text Articles in Law
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Articles & Chapters
Myriad took no prisoners on its way to the top of the molecular diagnostics field. That strategy is unlikely to endure.
Myriad Genetics began in 1991 as a small University of Utah startup interested in the then-novel arena of diagnostic genetic testing. After winning a highly publicized race to sequence the BRCA1 and BRCA2 breast cancer genes, the company obtained patents on the gene sequences and methods of using them to determine cancer risk. The patents were broad and interlocking, covering BRCA genomic DNA, cDNA, methods of diagnosis and systems detecting mutations. Myriad also filed for diagnostic 'toolbox' patents, including …
Jo Becker’S “Forcing The Spring: Inside The Fight For Marriage Equality”, Arthur S. Leonard
Jo Becker’S “Forcing The Spring: Inside The Fight For Marriage Equality”, Arthur S. Leonard
Other Publications
This post originally appeared on https://www.artleonardobservations.com/jo-beckers-forcing-the-spring-inside-the-fight-for-marriage-equality/
The Geography Of Marriage, William P. Lapiana
The Geography Of Marriage, William P. Lapiana
Articles & Chapters
No abstract provided.
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Articles & Chapters
This article describes the founding and evolution of a “Thai-style” NGO dedicated to consumer protection. Through a description of the NGO and the career of its founder, the article brings to light features of the evolution of NGO based advocacy in Thailand from the student uprising in 1973 to the present. The legacy of the 1973 October Generation of activists continues to influence development of NGOs but new emphasis on rights has emerged since the era of constitutional reform in the 1990s. Many NGOs now make use of litigation to attempt to achieve social change, but litigation, like other long-standing …
'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein
'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein
Articles & Chapters
This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …
Shareholder Cultivation And New Governance, Tamara Belinfanti
Shareholder Cultivation And New Governance, Tamara Belinfanti
Articles & Chapters
Several formal proposals have been made to address shareholder short-termism and speculative behavior. These include the imposition of a financial transaction tax, changes to the U.S. capital gains tax rate, and the adoption of an Investor Stewardship Code in the United Kingdom. This Article reverses the focus from top-down solutions and instead, focuses on bottom-up grass root solutions that corporations can employ, and in some cases do already employ to achieve substantially the same effect of rewarding certain types of shareholder behavior while discouraging others — a process I refer to as "Shareholder Cultivation." While many of the techniques and …
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
Articles & Chapters
With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.
Although this often appears to be a difficult …
Constitutional Law, Jethro Lieberman
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Other Publications
No abstract provided.
Better Late Than Never?, Arthur S. Leonard
Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard
Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard
Other Publications
No abstract provided.
Backlash And Marriage Equality, Arthur S. Leonard
Backlash And Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Breaking Unanimous String Of Victories, Federal Judge Rules Against Marriage Equality In Louisiana, Arthur S. Leonard
Breaking Unanimous String Of Victories, Federal Judge Rules Against Marriage Equality In Louisiana, Arthur S. Leonard
Other Publications
No abstract provided.
Marriage Rulings In West Virginia, Missouri Rebuke Sixth Circuit, Arthur S. Leonard
Marriage Rulings In West Virginia, Missouri Rebuke Sixth Circuit, Arthur S. Leonard
Other Publications
No abstract provided.
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Other Publications
No abstract provided.
Constitutionalism, Jethro K. Lieberman
Anti-Equality Forces Get ‘The Posner Treatment’ At Seventh Circuit Hearing, Ari Ezra Waldman
Anti-Equality Forces Get ‘The Posner Treatment’ At Seventh Circuit Hearing, Ari Ezra Waldman
Other Publications
No abstract provided.
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
Other Publications
No abstract provided.
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Articles & Chapters
“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Articles & Chapters
The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.
The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …
Can A Debtor’S Exemption Assets Be Surcharged As A Sanction For Misconduct?, Marshall E. Tracht
Can A Debtor’S Exemption Assets Be Surcharged As A Sanction For Misconduct?, Marshall E. Tracht
Articles & Chapters
CASE AT A GLANCE
In chapter 7 bankruptcy, a debtor keeps certain statutorily defined “exempt” assets, while all other assets are sold to pay creditors. In exchange, most of the debtor’s debts are discharged. In this case, the Court must decide whether a debtor may be sanctioned by the loss of exempt assets as an equitable remedy for trying to fraudulently claim excess exemptions or hide assets, with the forfeited assets awarded to the bankruptcy estate to recover litigation costs arising from the debtor’s misconduct.
23andme, The Food And Drug Administration, And The Future Of Genetic Testing, Patricia Zettler, Jacob S. Sherkow, Henry Greely
23andme, The Food And Drug Administration, And The Future Of Genetic Testing, Patricia Zettler, Jacob S. Sherkow, Henry Greely
Other Publications
On November 22, 2013, the US Food and Drug Administration (FDA) effectively halted health-related direct-to-consumer genetic testing in the United States by sending a warning letter to 23andMe, the leading company in the field, directing it to stop providing such testing. The FDA acted as the era of widespread, clinical use of DNA sequencing rapidly approaches. The agency’s action will contribute to changes in which genetic tests are offered to patients and how testing is provided.
$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard
$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard
Other Publications
No abstract provided.
As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious, Arthur S. Leonard
As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious, Arthur S. Leonard
Other Publications
No abstract provided.
Nys High Court Sets Aside Hate Crime Conviction But Allows Retrial, Arthur S. Leonard
Nys High Court Sets Aside Hate Crime Conviction But Allows Retrial, Arthur S. Leonard
Other Publications
No abstract provided.
Marriage Equality Setback In Puerto Rico, Arthur S. Leonard
Marriage Equality Setback In Puerto Rico, Arthur S. Leonard
Other Publications
No abstract provided.
Credibility Gap For Women In Teaching Business Law, Faith Stevelman
Credibility Gap For Women In Teaching Business Law, Faith Stevelman
Other Publications
Reposted from https://www.feministlawprofessors.com/2014/05/faith-stevelman-credibility-gap-women-teaching-business-law/
Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson
Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson
Articles & Chapters
Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more, disproportionately affect minority communities: the school-to-prison pipeline, high school dropout rates, the push-out phenomenon, and the criminalization of schools.
Before such pervasive racial inequality can be addressed effectively, the social and the psychological mechanisms that create racial inequality in the first place must be examined. This Comment offers insights from the field …
Improving Hedge Fund Governance, Houman B. Shadab
Improving Hedge Fund Governance, Houman B. Shadab
Articles & Chapters
This article provides a comprehensive analysis of the internal governance of hedge funds. The primary components of hedge fund governance are investors with a high propensity to exercise their short-term redemption rights; managers with high pay performance sensitivity, because they are being compensated with an annual performance-based fee plus earnings from their own investment in the funds they manage; sophisticated investors who demand quality governance; and short-term creditors and derivatives counterparties who provide close monitoring. Hedge fund governance needs the most improvement in the areas of performance reporting (valuation) and the timing of performance-fee calculations. Further, counterintuitively, in some circumstances …
The Forgotten Promise Of Professionalism, Rebecca Roiphe
The Forgotten Promise Of Professionalism, Rebecca Roiphe
Articles & Chapters
No abstract provided.