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Full-Text Articles in Law

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen Jan 2001

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

Articles

This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining ...


The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn Jan 2001

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

Articles

This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline ...


The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx Jan 2001

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily ...


Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jan 2001

Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection—or variations in that protection—hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility ...


Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler Jan 2001

Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler

Articles

This article will explore conflicts of interest in the context of clinical research, focusing on the incentives and practices that foster such conflicts. Part I will briefly define and categorize the revenue streams at play in clinical research—both contemporaneous with the clinical trial, and the downstream, long-term gains available to the researcher and research university. Part II will discuss how these entangled revenue streams result in financial and non-financial conflicts of interest that affect the nature and balance of the research enterprise and potentially endanger patients and human subjects. Part III will summarize current conflicts of interest regulations and ...


Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen Jan 2001

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Articles

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy ...


The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson Jan 2001

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

Articles

Many of the revisions to article V of the Uniform Rules of Evidence involved stylistic, nonsubstantive changes. In particular, all language was made gender neutral. The most substantial revision was to Rule 503, formerly titled "Physician and Psychotherapist-Patient Privilege." This revision broadened the scope of the privilege to include a general "mental health provider" privilege, in accord with the trend in the states and the U.S. Supreme Court's decision in Jaffee v. Redmond. In Jaffee, the Court recognized for the first time a federal psychotherapist-patient privilege and extended the privilege to confidential communications with a licensed social worker ...


Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn Jan 2001

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does ...


International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jan 2001

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

This commentary will focus on the participants' proposals relative to the laws of other countries. Particularly, assuming that the same proposals were to be made in an international negotiation, my commentary reflects potential reactions and responses from Japanese and European delegates.


Books? Why?, Penny A. Hazelton Jan 2001

Books? Why?, Penny A. Hazelton

Articles

Yes, we still need law books.


Executive Orders And Presidential Commands: Presidents Riding To The Rescue Of The Environment, William H. Rodgers, Jr. Jan 2001

Executive Orders And Presidential Commands: Presidents Riding To The Rescue Of The Environment, William H. Rodgers, Jr.

Articles

Presidential executive orders are legal and political documents. They are also uniquely personal utterances of the president and the administration. The right words at the appropriate time can motivate and move the human spirit, and they can link this president and this moment to the strongest of ideas. Being personal and tending to the heroic, the executive order can thus be perceived as accomplishing a great public good.

This article will explore the pros and cons of the executive order tool. I will then evaluate a number of executive orders that have impacted contemporary environmental policy. I will conclude by ...


The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr. Jan 2001

The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.

Articles

Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.

Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a ...