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Maurer School of Law: Indiana University

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1999

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Articles 61 - 68 of 68

Full-Text Articles in Law

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler Jan 1999

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder Jan 1999

The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder

Articles by Maurer Faculty

This article argues that contractual change is inherently problematic because contract and change are fundamentally antithetical. Because change is inevitable, however, the law of contract attempts to regulate the effect of change. These attempts are divided into two realms: public regulation, including the preexisting duty rule and its substitutes, and private regulation, including contractual "no oral modification" and "no oral waiver" clauses. The article criticizes not only the preexisting duty rule but also the duress and good faith tests that have been suggested as substitutes. Instead, the article proposes a "coercion" test, which is stated in detail and which is …


The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin Jan 1999

The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum Jan 1999

Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis Jan 1999

Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis Jan 1999

A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


Second Tier Patent Protection, Mark D. Janis Jan 1999

Second Tier Patent Protection, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters Jan 1999

The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters

Articles by Maurer Faculty

The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.

One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …