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1996

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Institution
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Articles 1 - 30 of 128

Full-Text Articles in Law

Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the ...


Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue Sep 1996

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were ...


Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.


Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly Jan 1996

Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly

Articles

Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded ...


Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly Jan 1996

Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly

Articles

While largely a matter of social convention, the surnames that children bear have been regulated by the law as well. In certain circumstances, the law has attempted to regulate the surnames given to children at birth, but more often the law has come into play when a change of name is sought for the child: It is at this point that the law dictates to family members what it values and what it will forbid as the law goes about the business of enforcing societal norms. This article will look at the role of naming and name changing and the ...


Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka Jan 1996

Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka

Articles

This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship ...


Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka Jan 1996

Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka

Articles

What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is ...


What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson Jan 1996

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.


Develop The Habit: Note-Taking In Legal Research, Penny A. Hazelton, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner Jan 1996

Develop The Habit: Note-Taking In Legal Research, Penny A. Hazelton, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner

Articles

No abstract provided.


Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler Jan 1996

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

Articles

This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such ...


Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson Jan 1996

Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson

Articles

Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.


The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford Jan 1996

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford

Articles

Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from ...


Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford Jan 1996

Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford

Articles

Microsoft Corporation's jousting with the Justice Department's Antitrust Division over the last two years has been the subject of widespread media interest. The Division has required Microsoft to change its licensing practices; it has thwarted Microsoft's planned merger with Intuit. Furthermore, the Division has threatened to block Microsoft's introduction of its new Windows 95 operating system as a result of a dispute over the lawfulness of Microsoft's incorporation into that program of an icon helping users to sign on to Microsoft's new on-line service. The sparring between the Justice Department and Microsoft over these ...


A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford Jan 1996

A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford

Articles

Richard Vigilante has combined in this book an intense and dramatic account of a major strike, complete with character portraits of the leading actors, with interpretations of the events and insights into the operations of the labor movement on several levels.


A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson Jan 1996

A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson

Articles

The authors propose a wholesale reformation of business organization law. The current regime of business organization law reflects an attempt to blend the benefits of limited liability with conduit or flow-through taxation. The result has been a haphazard development of business forms, often created to satisfy shifting federal tax law guidelines. The authors trace this development, from the traditional corporation and partnership forms through limited partnerships and Subchapter S corporations to the recent organizational forms of limited liability companies and limited liability partnerships. The authors show how the search for the ideal organizational form has failed, leaving an unwieldy morass ...


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

Articles

No abstract provided.


Intermediate Sanctions, Michael Tonry, Mary Lynch Jan 1996

Intermediate Sanctions, Michael Tonry, Mary Lynch

Articles

No abstract provided.


Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett Jan 1996

Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett

Articles

No abstract provided.


A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie Jan 1996

A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie

Articles

Section I of this article reviews the historical notions of the automatic stay prior to and under the Bankruptcy Act of 1898 (the “Act”) as well as the legislative history of § 362 of the Bankruptcy Code of 1978 (the “Code”). Section II focuses on the arguments for and against upholding the validity of agreements which waive the protections of the automatic stay. Specifically, this section analyzes recent court decisions in this area and attempts to discern differences between permissible and impermissible waivers. Section III reviews the enforcability of other prepetition agreements. In Section IV, we introduce our hypothesis, based fundamentally ...


Alienation Of Conservation Easements, Richard B. Collins Jan 1996

Alienation Of Conservation Easements, Richard B. Collins

Articles

No abstract provided.


Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein Jan 1996

Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein

Articles

No abstract provided.


Book Review, Marianne Wesson Jan 1996

Book Review, Marianne Wesson

Articles

No abstract provided.


Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday Jan 1996

Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday

Articles

No abstract provided.


The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr. Jan 1996

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

Articles

My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy ...


The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya Jan 1996

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Articles

No abstract provided.


Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson Jan 1996

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Articles

No abstract provided.


An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci Jan 1996

An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci

Articles

No abstract provided.


Habermas And The Postal Rule, Peter Goodrich Jan 1996

Habermas And The Postal Rule, Peter Goodrich

Articles

No abstract provided.


Law And Order, Arthur J. Jacobson Jan 1996

Law And Order, Arthur J. Jacobson

Articles

No abstract provided.


Preface, Michel Rosenfeld Jan 1996

Preface, Michel Rosenfeld

Articles

No abstract provided.