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Full-Text Articles in Law

Two Thoughts About Traditional Knowledge, William Fisher Apr 2007

Two Thoughts About Traditional Knowledge, William Fisher

Law and Contemporary Problems

Fisher argues the traditional knowledge of environmentalism and the public domain ideas by presenting two combined related themes involving the British colonist of Native Americans. The idea of devaluing the Indian's nonacquisitive, natural, respectful way of living lightly upon the land while conserving it, and fostering imperialism and unjust conquest. Among other things, he formulates three parallel provisions to the TRIPS Agreement to increase the leverage of the countries in determining the terms on which flora, fauna, medicinal knowledge, folklore, and traditional art forms are exploited by others.


Creative Reading, Jessica Litman Apr 2007

Creative Reading, Jessica Litman

Law and Contemporary Problems

Litman argues that by ignoring the central importance of readers, listeners, viewers, and players in the copyright scheme, the essential policy question in determining whether a use of copyrighted material should be lawful is the way the use looks from the viewpoint of the copyright owner is conceded. The comfort level supplied by an implied license analysis is emblematic of the failure to pay enough attention to reader interests and there is need to take another look at copyright, keeping the significance of readers, listeners, and viewers in mind. Furthermore, failure to pay sufficient attention to the interests of readers, …


Should A Licensing Market Require Licensing?, Mark A. Lemley Apr 2007

Should A Licensing Market Require Licensing?, Mark A. Lemley

Law and Contemporary Problems

Many circumstances fair use should separate the idea that the copyright owner should be compensated for a use from the idea that the copyright owner should be able to control that use. The licensing-market cases provide a perfect vehicle for dividing rights but if a use is considered unfair because the copyright owner could have gotten paid to permit that use, the argument may or may not justify compensating the copyright owner for the loss, but it does not justify giving the copyright owner control over the defendant's use. Here, Lemley explains the development of the licensing-market rationale, critiques of …


What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson Jan 2007

What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson

Law and Contemporary Problems

Of particular interest in the issue of cruelty to farmed animals is the 2003 decision by the Supreme Court of Israel, sitting as the High Court of Justice, annulling, on animal cruelty grounds, regulations regarding the force-feeding of geese for the production of foie gras, and, ultimately, prohibiting the practice and thereby eradicating the industry.


Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione Jan 2007

Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione

Law and Contemporary Problems

Animal interests will almost always be regarded as less important than human interests, even when the human interest at stake is relatively trivial and the animal interest at stake is significant. The result of any supposed balancing of human and nonhuman interests required by animal-welfare laws is predetermined from the outset by the property status of the nonhuman as a "food animal," "experimental animal," "game animal," et cetera.


A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim Jan 2007

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Law and Contemporary Problems

Philosopher Rene Descartes claimed that animals were no different than inanimate objects: that they could not think or feel pain. Rejection of Descartes' views on animals is nearly universal, but today's factory farms are only possible by treating animals according to Cartesian principles. When faced with the realization that animal foods can be made affordable to most consumers only through factory farming, society is left with a dichotomous choice: either stop purchasing and consuming animal products, or animals will continue to suffer in factory farms.


Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein Jan 2007

Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein

Law and Contemporary Problems

Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even though that treatment would trouble many consumers. Steps should be taken to promote disclosure so as to fortify market processes and to promote democratic discussion of the treatment of animals.


Farm-Animal Welfare, Legislation, And Trade, Gaverick Matheny, Cheryl Leahy Jan 2007

Farm-Animal Welfare, Legislation, And Trade, Gaverick Matheny, Cheryl Leahy

Law and Contemporary Problems

The US has among the weakest farm-animal-welfare standards in the developed world. Although improvements in farm-animal welfare are economically feasible, nations and states enacting protective regulation are threatened by competition with cheaper, non-compliant imports. Although recognition in trade agreements and restrictions on sale could help to protect animal welfare, they may rarely be politically feasible. Campaigns directed at consumers and retailers are likely to be more cost-effective than production-related regulations in improving animal welfare and are also compatible with abolitionist objectives.


Foreword: Animal Law: Thinking About The Future, Jeff Welty Jan 2007

Foreword: Animal Law: Thinking About The Future, Jeff Welty

Law and Contemporary Problems

No abstract provided.


Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto Jan 2007

Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto

Law and Contemporary Problems

The care and upkeep of animals raised for human consumption has devolved into an industrial operation focused on maximizing economic return while paying little or no heed to the needs of the "stock." Discussions of the nature of factory farming inevitably include issues of ethical treatment of nonhuman animals and often segue into apologies for or against "animal rights." This article takes a different tack, asking instead how and why the factory-farm industry could grow ascendant in an era when the notion of the human-animal divide has become increasingly blurred.


Humane Slaughter Laws, Jeff Welty Jan 2007

Humane Slaughter Laws, Jeff Welty

Law and Contemporary Problems

Much recent scholarship has focused on the conditions under which farm animals are raised. This article examines not how such animals are kept, but how they are killed and how such killing is regulated by law.


Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant Jan 2007

Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant

Law and Contemporary Problems

Justice may not require that animals be exactly the same as humans or that they have rights exactly coterminous with the rights of humans, but justice would require that animals receive protection in ways that match up with those similarities they share with humans that are characteristics considered essential to the understanding of what it means to be human. Stated generally, the argument is that if animals are similar to humans as to capacities and characteristics of humans that define humans, then animals should receive protections equivalent to the protections of humans because a just society treats like entities alike.


Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr. Jan 2007

Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.

Law and Contemporary Problems

This article considers the history, interpretation, and constitutionality of statutory exemptions that preclude prosecution either for misdemeanor or felony violation of North Carolina's criminal animal-cruelty statute, section 14-3601 of the General Statutes, in nine situations.


Journal Staff Jan 2007

Journal Staff

Law and Contemporary Problems

No abstract provided.


Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman Oct 2006

Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman

Law and Contemporary Problems

Havighurst and Richman seek to show the nature--and to suggest the cumulative attitude--of the many regressive tendencies of the financing, regulatory and legal regime governing the private side of US health care.


Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak Oct 2006

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.


The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman Oct 2006

The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman

Law and Contemporary Problems

No abstract provided.


Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman Oct 2006

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.


Journal Staff Oct 2006

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman Oct 2006

Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman

Law and Contemporary Problems

No abstract provided.


The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly Oct 2006

The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly

Law and Contemporary Problems

Pauly considers some recent contrasting views on the distributional effects of the tax subsidy within employment groups. He shows that the correct answer depends on what one assumes to be the within-group incidence of the reduction in money wages that occurs when group insurance is part of a competitive compensation package.


The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck Oct 2006

The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck

Law and Contemporary Problems

Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.


Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall Oct 2006

Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall

Law and Contemporary Problems

No abstract provided.


Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover Oct 2006

Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover

Law and Contemporary Problems

Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.


Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D. Oct 2006

Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.

Law and Contemporary Problems

Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.


Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D. Oct 2006

Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.

Law and Contemporary Problems

Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.


Measuring Distributive Injustice On A Different Scale, Tom Miller Oct 2006

Measuring Distributive Injustice On A Different Scale, Tom Miller

Law and Contemporary Problems

Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.


The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander Oct 2006

The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander

Law and Contemporary Problems

Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.


The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Jul 2006

The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Law and Contemporary Problems

Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.


Journal Staff Jul 2006

Journal Staff

Law and Contemporary Problems

No abstract provided.