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2002

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Articles 931 - 960 of 8366

Full-Text Articles in Law

Ipr : Pharmaceuticals, Rupa Chanda Sep 2002

Ipr : Pharmaceuticals, Rupa Chanda

IIMB Management Review

In the introductory panel of the Conference on IPR, the speakers included S Chandrasekaran, Deputy Controller of Patents & Designs, Govt of India; M D Nair, Consultant to the Pharmaceutical Industry, Chennai; P P Prabhu, former Commerce Secretary, Government of India; K Raghavendra Rao, MD, Orchid Chemicals & Pharmaceuticals and Jayashree Watal, Consultant to the WTO Secretariat. S Chandrasekaran clarified what constitutes intellectual property, what a patent is, and how an invention may qualify for a patent.He pointed out that as a participant in the TRIPS Agreement, India is obliged to modify her statutes to make her IPR regime TRIPS …


Ipr : Biotechnology And Agriculture, P D Jose Sep 2002

Ipr : Biotechnology And Agriculture, P D Jose

IIMB Management Review

The Biotechnology and Agriculture Panel saw Indira Ramaswamy, Fellow student, IIMB and M D Nair, consultant and author, discussing the opportunities and constraints of the biotechnology sector in India. Defining biotechnology as the use and manipulation of living organisms for the purpose of commercialisation, which includes the use of tissue culture, cell fusion, embryo transfer and recombinant DNA technology, Indira Ramaswamy detailed the market segmentation of biotechnology into health care, agriculture, industry and environmental applications and the Indian scenario vis a vis each of the segments. She described the key features of a biotechnology company and the main trend being …


Insurance Insurance Generally: Prohibit Discriminatory Practices; Require Notification Of Cancellation, Nonrenewal, Or Other Termination Of Insurance To Certain Persons; Provide Standards And Procedures For Verification Of Benefits And Precertifications Relating To Managed Health Benefit Plans; Provide For Liability And Personnel; Include Certain Practices Among Unfair Insurance Practices; Provide For Remedies For Violations, Cheralynn M. Gregoire Sep 2002

Insurance Insurance Generally: Prohibit Discriminatory Practices; Require Notification Of Cancellation, Nonrenewal, Or Other Termination Of Insurance To Certain Persons; Provide Standards And Procedures For Verification Of Benefits And Precertifications Relating To Managed Health Benefit Plans; Provide For Liability And Personnel; Include Certain Practices Among Unfair Insurance Practices; Provide For Remedies For Violations, Cheralynn M. Gregoire

Georgia State University Law Review

The Act, titled the Consumers Health Insurance Protection Act, provides that insurers must follow certain procedures when precertifying or verifying enrollee benefits. The Act requires insurers to provide continuity of care to certain individuals in the event they, or a physician, cancels a physician's contract. The Act also makes discrimination based on color, race, religion, and ethnic or national origin in the insurance industry generally an unfair practice. The Act requires insurers to notify enrollees of plan termination, cancellation, or nonrenewal, and of any resulting conversion or continuation rights.


Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald Sep 2002

Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald

Loyola of Los Angeles Law Review

No abstract provided.


The Dubious Constitutionality Of The Copyright Term Extension Act, Richard A. Epstein Sep 2002

The Dubious Constitutionality Of The Copyright Term Extension Act, Richard A. Epstein

Loyola of Los Angeles Law Review

No abstract provided.


The Mythology Of The Public Domain: Exploring The Myths Behind Attacks On The Duration Of Copyright Protection, Scott M. Martin Sep 2002

The Mythology Of The Public Domain: Exploring The Myths Behind Attacks On The Duration Of Copyright Protection, Scott M. Martin

Loyola of Los Angeles Law Review

No abstract provided.


Web Site Annotation: The Intersection Of New Communication Technologies And The Rights Of Web Site Owners, Anthony J. Napolitano Sep 2002

Web Site Annotation: The Intersection Of New Communication Technologies And The Rights Of Web Site Owners, Anthony J. Napolitano

Loyola of Los Angeles Law Review

No abstract provided.


Rule 24(A) Intervention Of Right: Why The Federal Courts Should Require Standing To Intervene, Kerry C. White Sep 2002

Rule 24(A) Intervention Of Right: Why The Federal Courts Should Require Standing To Intervene, Kerry C. White

Loyola of Los Angeles Law Review

No abstract provided.


Conformity And Dissent, Cass R. Sunstein Sep 2002

Conformity And Dissent, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Much of the time, human beings do what others do. This is perfectly sensible, because the actions and statements of other people convey valuable information about what should be done. In addition, most people want the good opinion of others, and this desire promotes conformity. But conformity can lead both groups and institutions in unfortunate and even catastrophic directions. The most serious problem is that by following others, people fail to disclose what they know and believe, thus depriving society of important information. Those who dissent, and who reject the pressures imposed by others, perform valuable social functions, often at …


Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner Sep 2002

Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper examines the effect of tort rules on behavior if people are optimistic or insensitive relative to true probabilities. The paper shows that under certain conditions both strict liability and negligence cause levels of care that are higher than, or equal to, what is efficient (rather than lower). The paper also shows that under certain conditions strict liability and negligence cause the same level of activity among optimists (more than is efficient). Other implications for tort law are discussed, as are the sensitivity of the results to the choice of how to model probability errors. Implications for contract law, …


Federal Judicial Selection In The Fourth Circuit, Carl Tobias Sep 2002

Federal Judicial Selection In The Fourth Circuit, Carl Tobias

North Carolina Law Review

No abstract provided.


The Fourth Circuit's New Interpretation Of The Federal Kidnapping Act In United States V. Wills And The Resulting Expansion Of Federal Jurisdiction, Britenae Coates Sep 2002

The Fourth Circuit's New Interpretation Of The Federal Kidnapping Act In United States V. Wills And The Resulting Expansion Of Federal Jurisdiction, Britenae Coates

North Carolina Law Review

No abstract provided.


Preemption Hogwash: North Carolina's Judicial Repal Of Local Authority To Regulate Hog Farms In Craig V. County Of Chatham, Christy Noel Sep 2002

Preemption Hogwash: North Carolina's Judicial Repal Of Local Authority To Regulate Hog Farms In Craig V. County Of Chatham, Christy Noel

North Carolina Law Review

No abstract provided.


Balancing Copyright Protection And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinksy Sep 2002

Balancing Copyright Protection And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinksy

Loyola of Los Angeles Law Review

No abstract provided.


Motions 2002 Volume 38 Number 1, University Of San Diego School Of Law Student Bar Association Sep 2002

Motions 2002 Volume 38 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola Sep 2002

Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola

West Virginia Law Review

No abstract provided.


Vol. 13, No. 01 (September 2002) Sep 2002

Vol. 13, No. 01 (September 2002)

Res Ipsa Loquitur

No abstract provided.


Preserving Monumental Landscapes Under The Antiquities Act, Christine A. Klein Sep 2002

Preserving Monumental Landscapes Under The Antiquities Act, Christine A. Klein

UF Law Faculty Publications

This Article examines the Antiquities Act, a 1906 statute that delegates authority to the President to establish national monuments on federal lands for the protection of prehistoric structures and relics. This modest statute, originally a scant one page in length, has set off a century of intermittent controversy that its drafters could not have anticipated. Although Congress probably intended that the statute merely protect archaeological ruins from looting by treasure hunters, presidents quickly began to utilize the statute to preserve large natural landscapes—ranging from President Theodore Roosevelt's establishment of the 800,000-acre Grand Canyon National Monument in 1908 to President Clinton's …


Motor Vehicles And Traffic Abandoned Motor Vehicles: Change Certain Provisions Relating To Definitions; Change Certain Provisions Relating To Lien Foreclosure Procedure; Change Certain Provisions Relating To Duty Of Person Removing Or Storing Motor Vehicle; Provide Provision Relating To The Towing Or Immobilization Of Motor Vehicles In Paid Private Parking Facilities Located Within Five-Hundred Feet Of An Establishment Which Sells Alcohol For Consumption On The Premises, Amy E. Sullivan Sep 2002

Motor Vehicles And Traffic Abandoned Motor Vehicles: Change Certain Provisions Relating To Definitions; Change Certain Provisions Relating To Lien Foreclosure Procedure; Change Certain Provisions Relating To Duty Of Person Removing Or Storing Motor Vehicle; Provide Provision Relating To The Towing Or Immobilization Of Motor Vehicles In Paid Private Parking Facilities Located Within Five-Hundred Feet Of An Establishment Which Sells Alcohol For Consumption On The Premises, Amy E. Sullivan

Georgia State University Law Review

The Act simplifies and clarifies certain provisions relating to the definition of abandoned motor vehicle. The Act changes certain provisions relating to the duty of persons removing or storing abandoned motor vehicles. The Act adds a new section, which provides that the owner of a paid private parking lot or paid private parking facility located within five-hundred feet of a drinking establishment, which sells alcohol to be consumed on the premises, may not tow or immobilize or cause to be towed or immobilized a vehicle left on the lot between midnight and noon. Additionally, the new section allows the owner …


Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy Sep 2002

Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy

Georgia State University Law Review

The Act authorizes the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice.


Motor Vehicles And Traffic Drivers' Licenses: Amend Provisions Relating To Motor Vehicles And Traffic So As To Change Certain Provisions Relating To Applications And Fees For Drivers' Licenses; Change Certain Provisions Relating To License Requirement, Surrender Of Prior Licenses, And Prohibition Of Local Licenses; Change Certain Provisions Relating To Expiration And Renewal Of Licenses And Reexamination Requirement; Provide Effective Date; Repeal Conflicting Law, Brooke N. Silverthorn Sep 2002

Motor Vehicles And Traffic Drivers' Licenses: Amend Provisions Relating To Motor Vehicles And Traffic So As To Change Certain Provisions Relating To Applications And Fees For Drivers' Licenses; Change Certain Provisions Relating To License Requirement, Surrender Of Prior Licenses, And Prohibition Of Local Licenses; Change Certain Provisions Relating To Expiration And Renewal Of Licenses And Reexamination Requirement; Provide Effective Date; Repeal Conflicting Law, Brooke N. Silverthorn

Georgia State University Law Review

The Act provides for the renewal of drivers' licenses by means other than personal appearance, such as by mail or electronically.


Insurance Kinds Of Insurance; Limits Of Risks: Mandate Limited Waiver Of Sovereign Immunity For Local Governments For Losses Caused By Negligent Use Of A Motor Vehicle; Allow Continued Immunity For Liabilities In Excess Of Statutory Thresholds; Require Waiver Of Immunity For Amounts Insured By Local Governments Beyond Statutory Thresholds, David Walker Sep 2002

Insurance Kinds Of Insurance; Limits Of Risks: Mandate Limited Waiver Of Sovereign Immunity For Local Governments For Losses Caused By Negligent Use Of A Motor Vehicle; Allow Continued Immunity For Liabilities In Excess Of Statutory Thresholds; Require Waiver Of Immunity For Amounts Insured By Local Governments Beyond Statutory Thresholds, David Walker

Georgia State University Law Review

The Act limits the sovereign immunity of local governments for injuries arising from the negligent use of a motor vehicle. The Act provides that, for accidents occurring between January I, 2005 and December 31 2006, the waiver will be $100,000 per accident for claims involving personal injury or death to anyone person, with an aggregate waiver of $300,000 per accident for claims made by two or more people. The Act also waives immunity up to $50,000 per occurrence for injuries or destruction of property occurring after January 1, 2005. The Act provides a schedule for increasing waiver amounts to $250,000/$450,000 …


Penal Institutions Pardons And Paroles: Provide For Enactment Of The Interstate Compact For Adult Offender Supervision; Provide For Implementation Of Such Compact; Create The Georgia State Council For Interstate Adult Offender Supervision; Provide For A Compact Administrator, David Walker Sep 2002

Penal Institutions Pardons And Paroles: Provide For Enactment Of The Interstate Compact For Adult Offender Supervision; Provide For Implementation Of Such Compact; Create The Georgia State Council For Interstate Adult Offender Supervision; Provide For A Compact Administrator, David Walker

Georgia State University Law Review

The Act makes Georgia a participant in The Interstate Compact for Adult Offender Supervision and a member of the Interstate Commission for Adult Offender Supervision. The Act provides for the creation of a State Council for Adult Offender Supervision to oversee Georgia's participation in the Commission. The Act empowers the Commission to promulgate rules which will have the force and effect of statutory law in Georgia. The Act further authorizes the Commission to enforce the provisions of the Compact and the rules promulgated thereunder by lawsuit, fines, and other means. The Act provides for indemnification, immunity, and legal representation for …


Death Penalty Notification Death Penalty Cases; Appeals; General Assembly Notify Victim's Family, Jacqueline Knapp Sep 2002

Death Penalty Notification Death Penalty Cases; Appeals; General Assembly Notify Victim's Family, Jacqueline Knapp

Georgia State University Law Review

The Act requires the attorney general in a case in which the accused is convicted of a capital offense to notify the victim's family at least twice per year regarding legal proceedings in connection with the conviction upon request by the victim's family.


Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp Sep 2002

Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp

Georgia State University Law Review

The Act requires the perpetrator of family violence to undergo a certified family violence intervention program. These programs are charged a fee to be considered by the Department of Corrections for certification under the Act. Once approved, these programs may not solicit business and must agree in writing to satisfy the Act's requirements. The Department of Corrections retains the authority to deny, suspend, or revoke a certificate for any program not complying with the Act's requirements. The Act creates the State Commission on Family Violence to develop a comprehensive plan to end family violence.


Revenue And Taxation Provide For A Definition Of And Clarify Licensing Requirements For Low-Speed Vehicles; Provide For Applicability Of Certain Provisions And Requirements With Respect To Low-Speed Vehicles; Revenue And Taxation Income Taxes: Change Provisions Regarding Income Tax Credits For Low And Zero Emission Vehicles Which Are Also Low-Speed Vehicles; Provide For Additional Procedures, Conditions, And Limitations With Respect To Such Credit, Laurel David Sep 2002

Revenue And Taxation Provide For A Definition Of And Clarify Licensing Requirements For Low-Speed Vehicles; Provide For Applicability Of Certain Provisions And Requirements With Respect To Low-Speed Vehicles; Revenue And Taxation Income Taxes: Change Provisions Regarding Income Tax Credits For Low And Zero Emission Vehicles Which Are Also Low-Speed Vehicles; Provide For Additional Procedures, Conditions, And Limitations With Respect To Such Credit, Laurel David

Georgia State University Law Review

The Act provides for income tax credits to individuals and corporations who purchased and placed in service a low emission or zero emission vehicle, which is also a low-speed vehicle, during the taxable year ending December 31, 2001. Low-speed vehicles placed in service after that date will not be eligible for a low emission or zero emission vehicle income tax credit. The Act defines a low-speed vehicle as any motor vehicle with four wheels whose top speed is between twenty and twenty-five miles per hour. The Act provides that such vehicles shall not be subject to licensing requirements or certificate …


Criminal Procedure Victim Compensation: Change Certain Provisions Relating To Victim Compensation Awards, Maximum Amounts Allowed, Types Of Awards Authorized, And Effective Date Of Awards; Increase The Fee Charged To Probationers, Paige P. Freeman Sep 2002

Criminal Procedure Victim Compensation: Change Certain Provisions Relating To Victim Compensation Awards, Maximum Amounts Allowed, Types Of Awards Authorized, And Effective Date Of Awards; Increase The Fee Charged To Probationers, Paige P. Freeman

Georgia State University Law Review

The Act expands coverage of the Georgia Crime Victims Compensation Program to include the crimes of hit and run, vehicular homicide, and serious injury by vehicle. The Act increases the maximum aggregate award available to victims from $10,000 to $25,000. Further, the Act creates a new category, crime scene sanitization, for which victim compensation is available. Finally, the Act increases probationers' fees from $3.00 per month to $9.00 per month.


Highways, Bridges, And Ferries Regulation Of Maintenance And Use Of Public Roads Generally: Change Duty And Processes Of Maintaining Railroad Grade Crossings, Tara Kinney Sep 2002

Highways, Bridges, And Ferries Regulation Of Maintenance And Use Of Public Roads Generally: Change Duty And Processes Of Maintaining Railroad Grade Crossings, Tara Kinney

Georgia State University Law Review

The Act allows local government authorities to eliminate grade crossings in the interest of public safety and to order railroad authorities to comply with maintenance requirements. It also provides penalties for railroads that do not comply. A railroad that does not comply with the order of the local authority after the Department of Transportation has reviewed and approved the order faces a fine of $500 per day for each day it does not comply.


Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey Sep 2002

Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey

Georgia State University Law Review

The Act adds new Code section 33-2456.3. The Act requires most health benefit insurance policies to provide coverage for colorectal cancer screening. The Act further provides definitions to specify the health benefit policies affected and to identify the guidelines for the types of treatment to be covered by those health benefit policies.


Social Services Programs And Protection For Children: Allows Certain Child-Placing Agencies To Access Child Abuse Records, Alan R. Godfrey Sep 2002

Social Services Programs And Protection For Children: Allows Certain Child-Placing Agencies To Access Child Abuse Records, Alan R. Godfrey

Georgia State University Law Review

The Act allows licensed child placement agencies and child-caring institutions that are assisting the Department of Human Resources in providing foster homes or adoptive homes for children to have access to records of child abuse. Court appointed investigators of adoption petitions are also allowed access to child abuse records.