Law Commons^™

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

Other Publications

This post originally appeared on https://www.artleonardobservations.com/jo-beckers-forcing-the-spring-inside-the-fight-for-marriage-equality/

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 …

Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer

Articles & Chapters

In Fisher v. University of Texas at Austin, the United States Supreme Court ruled that colleges and universities could continue to consider race or ethnicity as one of several factors in an admissions policy that seeks to achieve broad diversity goals. To the relief of proponents of race-conscious admissions programs, the Fisher Court affirmed that the 'educational benefits' that flow from a diverse student body are a compelling government interest under strict scrutiny analysis. The Court further upheld the determination that Grutter mandates 'deference to the University’s conclusion, based on its experience and expertise, that a diverse student body would …

Constitutionalism, Jethro K. Lieberman

Other Publications

No abstract provided.

Constitutional Law, Jethro Lieberman

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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.

Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti

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Better Late Than Never?, Arthur S. Leonard

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Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard

Other Publications

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$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard

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Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

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Nys High Court Sets Aside Hate Crime Conviction But Allows Retrial, Arthur S. Leonard

Other Publications

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Marriage Equality Setback In Puerto Rico, Arthur S. Leonard

Other Publications

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The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman

Other Publications

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With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard

Other Publications

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Backlash And Marriage Equality, Arthur S. Leonard

Other Publications

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As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious, Arthur S. Leonard

Other Publications

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Breaking Unanimous String Of Victories, Federal Judge Rules Against Marriage Equality In Louisiana, Arthur S. Leonard

Other Publications

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The Clean Up Begins, Arthur S. Leonard, Paul Schindler

Other Publications

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Marriage Rulings In West Virginia, Missouri Rebuke Sixth Circuit, Arthur S. Leonard

Other Publications

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Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard

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Anti-Equality Forces Get ‘The Posner Treatment’ At Seventh Circuit Hearing, Ari Ezra Waldman

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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/

Dialogues Of Transitional Justice: Keynote Speech, Ruti Teitel

Articles & Chapters

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'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 …

Performance-Sensitive Debt: From Asset-Based Loans To Startup Financing, Houman B. Shadab

Articles & Chapters

This Article develops a unique theory of performance-sensitive debt and argues that certain revenue-stage startups may be missing out on an important source of capital from asset-based loans. Debt contracts are performance sensitive to the extent any of the borrower’s obligations adjust in response to the performance of the borrower. The three main types of performance sensitivity I identify are (1) a loan’s interest rate adjusting based on the performance of the borrower; (2) the amount of available credit adjusting based on the value of collateral; and (3) renegotiation following breach of a loan covenant. Conceptualizing performance sensitivity as a …

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 …

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 …

The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow

Articles & Chapters

It has long been assumed that the doctrine of patent eligibility’s prohibition of patents on “laws of nature,” “natural phenomena,” and “products of nature” rests on legalistic interpretations of those terms. But there is good reason to doubt this assumption. Since the doctrine’s inception, the Supreme Court has yet to provide any framework, formula, or factors explaining these “natural” terms. Rather, the Court has increasingly fixated on a list of scientific tropes, such as gravity, the heat of the Sun, and extracted metals, that it believes are true examples of “natural laws,” “phenomena,” and “products.”

An actual examination of scientific …