Law Commons^™

Vol. 25, No. 10 (November 3, 2003)

Indiana Law Annotated

No abstract provided.

Europe: Open Market… Open Source?, Heather Forrest

Duke Law & Technology Review

The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and …

The Forum (Volume 33, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Court Reports. United States District Reports

Journal of Environmental and Sustainability Law

No abstract provided.

Property Damage In The Environmental Context: When Contaminated Carbon Dioxide Contaminates Carbonated Drinks. National Union Fire Ins. Co. Of Pittsburgh, P.A. V. Terra Industries, Inc. , Adam Kruse

Journal of Environmental and Sustainability Law

No abstract provided.

Cercla's Federally Required Date "Cleans Up The Mess" In Toxic Tort Litigation. Freier V. Westinghouse Elec. Corp., Kelly E. Shamel

Journal of Environmental and Sustainability Law

No abstract provided.

The Effect Of Wetland Restoration Agreements Under The Swampbuster Act. Branstad V. Veneman, Laurie J. Widenhoff

Journal of Environmental and Sustainability Law

No abstract provided.

Protection Of Traditional Biodiversity-Related Knowledge: Analysis Of Proposals For The Adoption Of A Sui Generis System , Eliana Torelly De Carvalho

Journal of Environmental and Sustainability Law

No abstract provided.

The Expectations Of Consumers, Douglas A. Kysar

Cornell Law Faculty Publications

In the few years following promulgation of the Restatement (Third) of Torts: Products Liability, several courts have reaffirmed their allegiance to the consumer expectations test for product design defect liability, while rejecting the Restatement's contrary recommendation to adopt a design defect test that focuses primarily on technical features regarding the risk and utility of alternative product designs. In this Article, Professor Kysar reviews the post-Third Restatement decisions, identifying within them a common failure to articulate a coherent, independent doctrinal role for the consumer expectations test, despite the courts' clearly expressed desire to do so. In Kysar's view, courts adhering to …

The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai

Cornell Law School J.D. Student Research Papers

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.

This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and …

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Missouri Legislative Update

Journal of Environmental and Sustainability Law

No abstract provided.

Recent Environmental Law News

Journal of Environmental and Sustainability Law

No abstract provided.

Investigating The Convention On Biological Diversity's Protections For Traditional Knowledge , Jennifer Amiott

Journal of Environmental and Sustainability Law

No abstract provided.

Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In August 2003, Colorado took another huge stride toward the electornic age by announcing that it would become the first state to allow free online filing of civil cases for qualifying low-income people. The last "Scrivener" column addressed how the courts' shift to electronic formats may alter the way lawyers and judges read and write legal documents. This column addresses some of the practical aspects of preparing documents that some readers will view on paper and others will view only in electronic format.

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.

Ndls Update 11/2003-12/2003, Notre Dame Law School

NDLS Update

No abstract provided.

Ifc, Safeguard Policies Gap Analysis, By J. Thorpe, Sustainability, Nov. 2003, Jodie Thorpe, Seb Beloe, Philippa Moore, Peter Zollinger

IFC E&S Performance Standards

No abstract provided.

19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 19th Annual Environmental Law Institute held by UK/CLE in November 2003.

Consumer Expectations’ Last Hope: A Response To Professor Kysar, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke

Washington Law Review

This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …

The Forum, Volume 3, Issue 3 (November 2003), University Of South Carolina School Of Law Students

The Forum Student Newspaper

Why Worry About the Patriot Act?, by Professor Richard Seamon

Advertisement for informal introductory forum on the USA PATRIOT ACT

The Way Things Ought to Be? A Stunning Admission, by Eric Zaiser

The Forum Interview, Marty MacWilliams: The Man, The Myth, The Legend, Interview by Thomas O'Sullivan and Duffie Powers (with vital input from Crawford Long)

Free T-shirt notice

The Forum Editorial Board

Letters to the Editors notice

A Word from the Forum Publicity Department, by Arie D. Bax

Socratic Bingo

News Nugs for October, by Jason Luck

Rethinking Theft Crimes In Virginia, John G. Douglass

University of Richmond Law Review

No abstract provided.

Motions 2003 Volume 39 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon

Faculty Publications

Throughout most of this introductory Article, we will focus our arguments primarily on economics and law and economics. We believe, however, that the implications of our inquiry extend far beyond those domains. The tendencies we hope to elucidate find their origins in the human animal, not in any particular legal theoretic perspective. It happens that these tendencies are especially prominent in law and economics, currently the dominant theoretical paradigm for creating and analyzing legal policy. But the relevance of our thesis is not confined to one approach , or even to legal-political questions. All humans are more or less implicated, …

Inside Unlv, Gian Galassi, Cayrn Key, Carol C. Harter, Patrick Ferrillo

Inside UNLV

No abstract provided.

Vol. 1, No. 11 (November 2003)

Indiana Law Update

No abstract provided.