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Articles

1987

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Institution
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Articles 1 - 30 of 118

Full-Text Articles in Law

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in ...


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what ...


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Oct 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Articles

No abstract provided.


'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar Oct 1987

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

Articles

It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer read back the ...


The Humane And Just Alternative For Canada, James C. Hathaway Sep 1987

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of ...


John W. Reed And The High Style, Theodore J. St. Antoine Jun 1987

John W. Reed And The High Style, Theodore J. St. Antoine

Articles

John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.


A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore Apr 1987

A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore

Articles

No abstract provided.


How To Argue About Health Care, Don Herzog Feb 1987

How To Argue About Health Care, Don Herzog

Articles

Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology ...


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American ...


A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper Jan 1987

A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper

Articles

The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.


The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford Jan 1987

The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford

Articles

Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent ...


The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld Jan 1987

The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld

Articles

At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for ...


Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky Jan 1987

Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky

Articles

The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient ...


Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Gary E. Sullivan, Byoung Kook Min Jan 1987

Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Gary E. Sullivan, Byoung Kook Min

Articles

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Articles

No abstract provided.


Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun Jan 1987

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

Articles

No abstract provided.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Articles

No abstract provided.


Tribute, Charles F. Wilkinson Jan 1987

Tribute, Charles F. Wilkinson

Articles

No abstract provided.


The Conservation Movement In A Corporate Age, Charles F. Wilkinson Jan 1987

The Conservation Movement In A Corporate Age, Charles F. Wilkinson

Articles

No abstract provided.


A Comment On Democratic Constitutionalism, Robert F. Nagel Jan 1987

A Comment On Democratic Constitutionalism, Robert F. Nagel

Articles

No abstract provided.


Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag Jan 1987

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

Articles

No abstract provided.


The Brilliant, The Curious, And The Wrong, Pierre Schlag Jan 1987

The Brilliant, The Curious, And The Wrong, Pierre Schlag

Articles

No abstract provided.


In Defense Of Administrative Agency Autonomy, A. Michael Froomkin Jan 1987

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.


The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri Jan 1987

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.


Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs Jan 1987

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.


Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn Jan 1987

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

Articles

No abstract provided.


Taxation Of Business Intangible Capital, George Mundstock Jan 1987

Taxation Of Business Intangible Capital, George Mundstock

Articles

No abstract provided.


The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore Jan 1987

The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore

Articles

No abstract provided.


Causation - In Context: An Afterword, Richard A. Epstein Jan 1987

Causation - In Context: An Afterword, Richard A. Epstein

Articles

No abstract provided.


The Constitution As An Economic Document, Richard A. Posner Jan 1987

The Constitution As An Economic Document, Richard A. Posner

Articles

No abstract provided.