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1999

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Full-Text Articles in Law

Notre Dame Lawyer - Fall/Winter 1999, Notre Dame Law School Oct 1999

Notre Dame Lawyer - Fall/Winter 1999, Notre Dame Law School

Notre Dame Lawyer

Our Own Greatest Generation-NDLS Class of 1949

On Modest Prayers

Honorable John C. Mowbray '49 J.D.

Rev. Robert Griffin, C.S.C.-Another of Notre Dame's Greatest Remembered

William Bentley Ball '48 J.D.- Unsung Hero

Professor Tom Broden '49 J.D.-A Selfless Educator


The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen Oct 1999

The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen

Faculty Scholarship

No abstract provided.


The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell Oct 1999

The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article assesses the ability of elected officials to control public policy as implemented by public/private hybrid organizations, specifically, government venture capital funds. The study reveals greater control over OPIC investment funds than Enterprise Funds despite the existence of more traditional administrative tools of control for Enterprise Funds. This finding suggests that the regulatory infrastructure for hybrid organizations is more determinative of control than the existence (or lack) of traditional administrative control tools. Thus the challenge of hybrid government centers on the development of regulation as a substitute for administration.


The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski Oct 1999

The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya Oct 1999

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Buffalo Environmental Law Journal

No abstract provided.


Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill Oct 1999

Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill

Buffalo Environmental Law Journal

No abstract provided.


Concepts Of Community In Environmental Disputes: Farmersville And Western New York's Garbage Wars, Gary Abraham Oct 1999

Concepts Of Community In Environmental Disputes: Farmersville And Western New York's Garbage Wars, Gary Abraham

Buffalo Environmental Law Journal

No abstract provided.


Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic Oct 1999

Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic

Buffalo Environmental Law Journal

No abstract provided.


Gun Control, Hugh Lafollette Oct 1999

Gun Control, Hugh Lafollette

Center for the Study of Ethics in Society Papers

Presented October 22, 1998 for the Center for the Study of Ethics in Society.


An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry Oct 1999

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry

Faculty Scholarly Works

This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …


Ndls Update 10/1999, Notre Dame Law School Oct 1999

Ndls Update 10/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann Oct 1999

Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann

Buffalo Environmental Law Journal

No abstract provided.


Protecting The Cultural And Natural Heritage: Finding Common Ground, Lakshman Guruswamy, Jason C. Roberts, Catina Drywater Oct 1999

Protecting The Cultural And Natural Heritage: Finding Common Ground, Lakshman Guruswamy, Jason C. Roberts, Catina Drywater

Buffalo Environmental Law Journal

No abstract provided.


Human Rights, Environment And The Ogoni: Strategies For Non-Governmental Organizations, Claude Welch Oct 1999

Human Rights, Environment And The Ogoni: Strategies For Non-Governmental Organizations, Claude Welch

Buffalo Environmental Law Journal

No abstract provided.


"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker Oct 1999

"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker

Buffalo Environmental Law Journal

No abstract provided.


Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge Oct 1999

Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern Oct 1999

Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


U.S. V. Microsoft: Cui Bono, George Bittlingmayer Oct 1999

U.S. V. Microsoft: Cui Bono, George Bittlingmayer

Cornell Journal of Law and Public Policy

No abstract provided.


The Shifting Sands Of Antitrust Policy: Where It Has Been, Where It Is Now, Where It Will Be In Its Third Century, Robert A. Skitol Oct 1999

The Shifting Sands Of Antitrust Policy: Where It Has Been, Where It Is Now, Where It Will Be In Its Third Century, Robert A. Skitol

Cornell Journal of Law and Public Policy

No abstract provided.


Antitrust Enforcement In High Tech Industries, Stephen D. Houck Oct 1999

Antitrust Enforcement In High Tech Industries, Stephen D. Houck

Cornell Journal of Law and Public Policy

No abstract provided.


Microsoft’S Internet Exploration: Predatory Or Competitive, Thomas W. Hazlett Oct 1999

Microsoft’S Internet Exploration: Predatory Or Competitive, Thomas W. Hazlett

Cornell Journal of Law and Public Policy

No abstract provided.


Introduction, B. Zorina Khan Oct 1999

Introduction, B. Zorina Khan

Cornell Journal of Law and Public Policy

The significant breakthrough in plant biotechnology is the development of techniques to transform genes from unrelated sources into commercially important crop plants to develop resistance against insect pests. A local cotton cultivar MNH-93 was transformed through Agrobacterium tumefaciens strain C58C(1) assisted by bombardment with tungsten particles. The Agrobacterium strain contained the recombinant binary vector pKMAB harboring crylAb under 35S promoter. Neomycin phosphotransferase (nptII) gene was used as a selectable marker at a concentration of 50 mg L-1. The transformation efficiency remained 0.26%. The primary transformants were analyzed for transgene integration and expression through PCR and Southern Blotting and Western dot …


Antitrust Enforcement In The Clinton Administration, David A. Balto Oct 1999

Antitrust Enforcement In The Clinton Administration, David A. Balto

Cornell Journal of Law and Public Policy

No abstract provided.


Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala Oct 1999

Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala

Cornell Journal of Law and Public Policy

No abstract provided.


Unilateral Refusals To Sell Or License Intellectual Property And The Antitrust Duty To Deal, Marina Lao Oct 1999

Unilateral Refusals To Sell Or License Intellectual Property And The Antitrust Duty To Deal, Marina Lao

Cornell Journal of Law and Public Policy

No abstract provided.


Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester Oct 1999

Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester

Cornell Journal of Law and Public Policy

No abstract provided.


Unconscious Bias And Self-Critical Analysis: The Case For A Qualified Evidentiary Equal Employment Opportunity Privilege, Deana A. Pollard Oct 1999

Unconscious Bias And Self-Critical Analysis: The Case For A Qualified Evidentiary Equal Employment Opportunity Privilege, Deana A. Pollard

Washington Law Review

Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate that a subject's awareness of the discrepancy between her conscious, egalitarian value system and her unconscious prejudice is a critical step towards the convergence of her cognitive functioning and her egalitarian viewpoints. Antidiscrimination legislation requires a showing of intent to discriminate to obtain relief in all but a small percent of circumstances. The result is …


Malone V. Brincat: The Fiduciary Disclosure Duty Of Corporate Directors Under Delaware Law, Nicole M. Kim Oct 1999

Malone V. Brincat: The Fiduciary Disclosure Duty Of Corporate Directors Under Delaware Law, Nicole M. Kim

Washington Law Review

In Malone v. Brincat, the Supreme Court of Delaware significantly broadened the fiduciary disclosure duty of corporate directors under Delaware law. Malone allows shareholders to bring either a direct or a derivative action against directors for the public release of misleading financial statements reported to the Securities Exchange Commission, regardless of whether the alleged misstatements were made in connection with a request for shareholder action. The court also held that a federal preemption statute, the Securities Litigation Uniform Standards Act of 1998, did not preempt the shareholders' action in Delaware state court. This Note argues that the Supreme Court …


Survey Of Florida Law: Real Property, Ronald B. Brown Oct 1999

Survey Of Florida Law: Real Property, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold Oct 1999

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.