Law Commons^™

Student Protector, Internet Provider, Or Contractual Party? An Examination Of The Legal Relationship Between A University And Its Students, Anna Christine Milot

Canadian Journal of Law and Technology

The legal relationship between a university and its students is becoming increasingly complex as the use of technology spreads. Accordingly, it is important to define a university’s responsibilities and legal boundaries in order to understand the liability universities can potentially incur when dealing with students. Each Canadian university is unique in its founding and enacting legislation, as will be discussed further later. The individuality of Canada’s universities means that the questions raised in this paper cannot be given answers that can necessarily be generalized across universities. The approach to analysis in this paper, however, is applicable to any of the …

Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser

Canadian Journal of Law and Technology

No abstract provided.

Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder

Canadian Journal of Law and Technology

Commentators argue that statutory prohibitions with the force of the criminal law should not be used to regulate new reproductive technologies (NRTs) and novel genetic technologies (NGTs). Bill C-13, the Assisted Human Reproduction Act, however, codifies 10 criminal bans. This paper considers the merits of the various arguments levied against Bill C-13, and the corollary claim that only a "non-prohibitive" model of legislation befits NRTs and NGTs. Three types of arguments are used to critique criminal bans: (1) "Structural" arguments hinge on the constraints of the Canadian legal system - legislation complete with prohibitions runs afoul of the Constitution Act …

Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik

Canadian Journal of Law and Technology

This paper will argue that domestic courts can pro- vide a forum within which to mediate between these two extremes, to reconcile the ‘‘global’’ and the ‘‘local’’ — but that the courts themselves must adapt to meet the challenges that globalization places upon them. More specifically, the paper begins by setting out a framework for understanding harmonization of laws under NAFTA as one that encourages rather than eliminates diversity of law. The paper then studies the prevailing approaches to statutory interpretation that Canadian courts, most especially the Supreme Court of Canada and the Federal Court of Appeal, have been employing …

Technology And International Trade: Wille The Real Transformer Please Stand Up?, Todd Weiler

Canadian Journal of Law and Technology

The primary driver of change in Canada’s cultural sector has not been some kind of contrived, neo- liberal plot imposed upon an unsuspecting public with the promise of ‘‘jobs, jobs, jobs.’’ Rather, it has been technology. The role for liberalised trade and investment treaties comes only in the form of a conditioning force, limiting the panoply of choices available to govern- mental officials who want to respond to the changes being wrought by technological advances.

This paper begins with some brief definitions, moving next to an elaboration of its thesis, and finally explaining the application of this thesis to some …

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"

Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

12 pages and 16 slides

Includes bibliographical references

"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"

Slides: Managing Risks Associated With Climate-Related Water Supply Variability, Bonnie G. Colby

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dr. Bonnie G. Colby, Professor of Agricultural and Resource Economics, University of Arizona

5 page "Outline" and 38 slides

Slides: Final Panel Questions, Doug Kenney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter and Moderator: Doug Kenney, Natural Resources Law Center

1 slide

Slides: The Myth Of Certainty: Water, Law, And Climate, David H. Getches

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: David H. Getches, Raphael J. Moses Professor of Natural Resources Law, University of Colorado School of Law

16 slides

Slides: The Tribal Perspective, Carl "Bud" Ullman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Carl "Bud" Ullman, Director, Water Adjudication Project, Klamath Tribes, Chiloquin, OR

17 slides

Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)

21 slides

Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

4 pages.

"Summary"

"Professor Denise Fort, University of New Mexico School of Law"

Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 36 slides

"Doug McChesney, Manager, Policy and Planning Section, Washington Department of Ecology"

Improved Drought Planning For Arizona, Katharine Jacobs, Barbara Morehouse

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Barbara Morehouse

7 pages and 22 slides

Includes bibliographical references

"Katharine Jacobs is currently the Special Assistant for Policy and Planning, Arizona Department of Water Resources."

"Barbara Morehouse is Associate Research Scientist at the University of Arizona’s Institute for the Study of Planet Earth. She manages the Climate Assessment for the Southwest (CLIMAS) project, which is supported by the National Oceanic and Atmospheric Administration’s Office of Global Programs."

Slides: California Water And Climate Change, Dan Cayan, Mike Dettinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dan Cayan, Scripps Institution of Oceanography

32 slides

"Dan Cayan (1,2) 1 Mike Dettinger (2,1) SIO 2 USGS 3"

Implications For Interstate Compacts, With An Emphasis On The Colorado River Basin, James S. Lochhead

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: James S. Lochhead, Senior Counsel, Brownstein Hyatt & Farber, P.C.

3 slides and 7 pages

Slides: Noaa’S Applied Research And Risa, Harvey Hill

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Harvey Hill, Program Manager, Regional Integrated Sciences and Assessments Program (RISA), National Oceanic and Atmospheric Association (NOAA), Office of Global Programs

19 slides

Agenda: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, University Of Colorado Boulder. Natural Resources Law Center, United States. National Oceanic And Atmospheric Administration, National Center For Atmospheric Research (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Cooperative Institute For Research In Environmental Sciences, Hydrosphere Resource Consultants, Colorado Foundation For Water Education, Bp North America

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

The swollen creeks of Boulder, Colorado provided a fitting backdrop for the “Water, Climate and Uncertainty” conference at the Natural Resources Law Center of the University of Colorado in June 2003. Recognizing the importance of providing a forum for discussions between water managers, lawyers, policy makers, and scientists, Doug Kenney, the conference's organizer, assumed the responsibility of master of ceremonies, providing thoughtful transitions between speakers and sessions while throwing some humor into the mix. Under his direction, luminaries in the fields of science, law and policy engaged a wide range of issues related to the future of water management.

The …

The U.S. National Climate Change Assessment: Do The Climate Models Project A Useful Picture Of Regional Climate?, Roger A. Pielke, Sr.

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

9 pages.

Includes illustrations

"Dr. Roger A. Pielke, Sr., President of the American Association of State Climatologists, Colorado State Climatologist and Professor, Department of Atmospheric Science, Colorado State University"

"From testimony presented to the House Subcommittee on Oversight and Investigations, July 25, 2002, and published in Colorado Water, April 2003, 15-19."

Conference Guidebook: Water, Climate And Uncertainty: An Introduction To The Issues, Language, Literature And The Conference Materials, Doug Kenney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

20 pages.

"Prepared as a Supplement to: Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management, Natural Resources Law Center, University of Colorado School of Law, June 11-13, 2003"

"Doug Kenney, Ph.D."

Includes bibliographical references

Contents:

Part I: What Are Climate Researchers Saying About Western Water? A Guide for Non-Scientists

Part II: What Should Climate Researchers Know About the Realm of Western Water Law, Policy and Management?

Part III: Where to Find Additional Information

The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

28 pages.

"Jerry D. Mahlman, Senior Research Fellow, National Center for Atmospheric Research"

"Presented at the Pew Center Workshop on The Timing of Climate Change Policies, The Westin Grand Hotel, Washington, DC, October 10-12, 2001"

"Cite As: Mahlman, J.D. 2001. The Long Time Scales of Human-Caused Climate Warming: Further Challenges for the Global Policy Process. Pew Center Workshop on the Timing of Climate Change Policies, October 10-12, Pew Center on Global Climate Change, Arlington, VA."

The Role Of Climate In Shaping Western Water Institutions, Gregory J. Hobbs Jr.

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

61 pages.

"Justice Greg Hobbs, June 11, 2003"

This preliminary paper was later published in Justice Gregory J. Hobbs, Jr., The Role of Climate in Shaping Western Water Institutions, 7 U. Denv. Water L. Rev. 1 (2003).

Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Accumulation Of Tissue Factor Into Developing Thrombi In Vivo Is Dependent Upon Microparticle P-Selectin Glycoprotein Ligand 1 And Platelet P-Selectin, Shahrokh Falati, Qingde Liu, Peter Gross, Glenn Merrill-Skoloff, Janet Chou, Erik Vandendries, Alessandro Celi, Kevin Croce, Barbara C. Furie, Bruce Furie

Articles & Chapters

Using a laser-induced endothelial injury model, we examined thrombus formation in the microcirculation of wild-type and genetically altered mice by real-time in vivo microscopy to analyze this complex physiologic process in a system that includes the vessel wall, the presence of flowing blood, and the absence of anticoagulants. We observe P-selectin expression, tissue factor accumulation, and fibrin generation after platelet localization in the developing thrombus in arterioles of wild-type mice. However, mice lacking P-selectin glycoprotein ligand 1 (PSGL-1) or P-selectin, or wild-type mice infused with blocking P-selectin antibodies, developed platelet thrombi containing minimal tissue factor and fibrin. To explore the …

Sealing The Coffin On The Experimental Use Exception, Jennifer Miller

Duke Law & Technology Review

In a petition for writ of certiorari, Duke University requests that the Supreme Court reverse a Federal Circuit holding that, in its view, "seals the coffin on the experimental use exception for private universities." This iBrief discusses the Federal Circuit's decision in Madey v. Duke University and its possible effects on the progress of science.

Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone

Michigan Law Review

With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …