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Full-Text Articles in Law
Law Of Wills, Browne C. Lewis
Law Of Wills, Browne C. Lewis
Law Faculty Books
This casebook is designed to train law students to think and act like probate attorneys. It is meant to be used in conjunction with the author's book The Law of Trusts. This book's focus is problem-solving and legal application. It includes numerous problems so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law; its organization mirrors the …
Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue
Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue
Journal of Law and Health
This paper proposes one possible avenue for defining a framework to address body parts. I begin with the presumption that given the increasing use of body parts outside of our bodies, either after death or during life, society requires a framework with institutions and rules to govern our body parts. Yet there is no settled framework. Much of the controversy over differing approaches stems from whether people should be able to sell body parts. Thus, each potential framework implicitly addresses the question of monetary value. While multiple possibilities exist, the predominant models are (1) property, most often meaning ownership that …
Propertization, Contract, Competition, And Communication: Law's Struggle To Adapt To The Transformative Powers Of The Internet, David Barnhizer
Propertization, Contract, Competition, And Communication: Law's Struggle To Adapt To The Transformative Powers Of The Internet, David Barnhizer
Cleveland State Law Review
This Symposium focuses in part on the ideas of Margaret Jane Radin as a point of departure for the various contributions. A key part of the analysis includes the process she calls propertization in the context of intellectual property rules and the Internet. The approach taken in this introductory essay is twofold. The first part presents some key points raised by the Symposium contributors. Of course, that overview is necessarily incomplete, because the contributions represent a rich group of analyses about vital concerns relating to how our legal system should respond to the challenge of the Internet and information systems …
A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin
A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin
Cleveland State Law Review
My main purpose in this essay is to urge that policy arguments about property in the digital environment take explicit cognizance of other policy considerations that tend to bound propertization: contractual ordering, competition, and freedom of expression. These policy considerations form the legal milieu in which propertization is situated.
Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick
Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick
Journal of Law and Health
Just as there are moral and ethical implication in permitting the widow to use a sperm deposit for AIH, so are there moral and ethical implications in denying her this privilege. What is the rationale behind denying a widow access to that which would only be discarded? Suppose the sperm, rather than be discarded, were to be designated that of an unknown donor to be used in AID? If unmarred women have the right to procreate even using known donor sperm, what is the reason for prohibiting a woman to choose to be inseminated with the sperm of a man …
Comparative Law Of Privacy, James K. Weeks
Comparative Law Of Privacy, James K. Weeks
Cleveland State Law Review
At this time there is little doubt that the right of privacy is well established in most American jurisdictions. In Europe the situation is much the same. There the concept of "Fault"and "Moral Injury" affords the proper climate for its further development and continued protection. The fact that Continental countries have difficulty in tacking down the concept to a particular category of right, and even, sometimes, to a particular article in their Code, is, after all, inconsequential. Only in England is the right slow to come into its own, but the increasing awareness of the English Bench and Bar that …
Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm
Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm
Cleveland State Law Review
Among the significant aspects of property or "ownership" are the rights to determine the use of it and the right to dispose of it. What has been referred to as "intellectual property," if it may truly be referred to as property, must therefore be capable of becoming the subject matter of agreements of various kinds-licenses, contracts and assignments. The lawyer is consequently concerned with applicability of the law of contracts as well as of the law of property to intellectual property.