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Full-Text Articles in Law

Genomic Patents And Product Development Incentives, Rebecca S. Eisenberg Jan 1997

Genomic Patents And Product Development Incentives, Rebecca S. Eisenberg

Book Chapters

Patents on human genetic information have been controversial among different groups for different reasons. The purpose of a patent system is to motivate the commercial development of new technologies; it is thus unsurprising that those who have fundamental misgivings about commercial biotechnology would oppose gene patents. More intriguing is the controversy over gene patenting among those who welcome the commercial development of biotechnology products by private firms. While many proponents of commercial biotechnology assert that gene patents are essential to motivate product development, some have expressed more nuanced views, endorsing patents under some circumstances and condemning them as unnecessary or …


Lawyers' Roles In Child Protection, Donald N. Duquette Jan 1997

Lawyers' Roles In Child Protection, Donald N. Duquette

Book Chapters

What roles and responsibilities do lawyers assume in civil child protection cases? As distinguished from other legal proceedings which may grow from a case of child maltreatment, civil child protection proceedings focus on the child and the child's needs. These civil cases are not concerned with punishing an offender, recovering money damages from a person or institution who may have harmed a child, or suspending someone from a professional license. The focus here is on the proper care and custody of the child.


The Law Of Arbitration, Theodore J. St. Antoine Jan 1997

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …