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2013

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Full-Text Articles in Law

Commensal Microbiotica - Biological Frontier And Legal Challenge, Kenneth L. Sanders Md Jan 2013

Commensal Microbiotica - Biological Frontier And Legal Challenge, Kenneth L. Sanders Md

Kenneth L Sanders MD

Recent advances in bacteriology and medical science affirm that the commensal relationship between surface microbial flora and the human host is intricate and important. Legal theory has thus far lagged behind the impact of the medical discoveries.


Do Direito Fundamental Ao Meio Ambiente Ecologicamente Equilibrado À Concepção Do Direito Do Meio Ambiente, Flávia Mg Pessoa, Pablo C. Barreto Jan 2013

Do Direito Fundamental Ao Meio Ambiente Ecologicamente Equilibrado À Concepção Do Direito Do Meio Ambiente, Flávia Mg Pessoa, Pablo C. Barreto

Flávia Moreira Guimarães Pessoa

This article discusses the various proposals for environmental ethics and how they influence the construction of a right of environment. Points to the evolution of conceptions of the fundamental [human] right to the environment until the right of the environment itself


The New Frontier Of Advanced Reproductive Technology: Reevaluating Modern Legal Parenthood, Yehezkel H. Margalit Dr., John D. Loike Dr., Orrie Levy Adv. Jan 2013

The New Frontier Of Advanced Reproductive Technology: Reevaluating Modern Legal Parenthood, Yehezkel H. Margalit Dr., John D. Loike Dr., Orrie Levy Adv.

Hezi Margalit

Assisted reproductive technologies (ARTs) have challenged our deepest conceptions of what it means to be a parent by fragmenting traditional aspects of parenthood. The law has been slow to respond to this challenge, and numerous academic articles have proposed models for adapting parentage laws to ARTs. In the coming years, however, scientific advancements in reproductive technologies, such as somatic cell nuclear transfer and stem cell technologies, will challenge both parentage laws and proposed legal models for traditional ARTs in new and fascinating ways. For instance, these advanced technologies could allow two women to create a child without any male genetic …


Dead People Don’T Eat: Food Governmentenomics And Conflicts-Of-Interest In The Usda And Fda, Gabriela Steier Jan 2013

Dead People Don’T Eat: Food Governmentenomics And Conflicts-Of-Interest In The Usda And Fda, Gabriela Steier

Gabriela Steier

Conflicts of interest permeate the governance of the federal advisory committees that issue recommendations to consumer protection agencies, such as the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA), and, therefore, American consumers need a federal solution to protect their health from biased recommendations. In order to promote a business-friendly food pyramid, agribusinesses and food industrialists lobby for dietary guidelines to adapt the dietary guidelines illustrated by the food pyramid to boos their sales. The resulting guidelines cause great damage to public health, environmental pollution, and loss of democratic freedoms. As a result, the FDA …


Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow Jan 2013

Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow

Journal of Health Care Law and Policy

No abstract provided.


Eastern Michigan University Undergraduate Catalog, 2013-2014, Office Of The Registrar Jan 2013

Eastern Michigan University Undergraduate Catalog, 2013-2014, Office Of The Registrar

Undergraduate Catalogs

No abstract provided.


Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar Jan 2013

Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar

Graduate Catalogs

No abstract provided.


Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii Jan 2013

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.


Santa Clara Magazine, Volume 54 Number 4, Spring/Summer 2013, Santa Clara University Jan 2013

Santa Clara Magazine, Volume 54 Number 4, Spring/Summer 2013, Santa Clara University

Santa Clara Magazine

12 - KEEP THE DOOR OPEN By Jeff Zorn. For teaching and advising and a ministry that's blessed this place for 48 years-a colleague pays tribute to Charles Phipps, S.J.

16 - IN THIS TOGETHER By Mitch FINLEY '73. For folks retired but not at rest, Companions in Ignatian Service and Spirituality offers a way to do and be more.

18 - WALK ACROSS CALIFORNIA By Jesse Hamlin-with images by Robert Boscacci '14, Frederic Larson, and Edward Rooks. An epic journey in which one foot is put in front of the other to discover, up close and personal, who and …


Santa Clara Magazine, Volume 54 Number 3, Winter 2013, Santa Clara University Jan 2013

Santa Clara Magazine, Volume 54 Number 3, Winter 2013, Santa Clara University

Santa Clara Magazine

16 - TO CATCH A THIEF by Vince Beiser. Mathematician George Mohler has helped equip police in Santa Cruz and L.A. with an algorithm that predicts where crimes might happen next. Is this the future of policing?

22 - HOW TO PREVENT A BONFIRE OF THE HUMANITIES by Michael S. Malone '75, MBA '77. A veteran chronicler of Silicon Valley looks at why the high-tech industry needs-and wants-folks who know how to tell a story.

26 - A POEM, A PRAYER, AND A MARTINI FOR THE RHINO Two conversations with Chancellor William J. Rewak, S.J.-who's just published his first collection …


Santa Clara Magazine, Volume 55 Number 1, Fall 2013, Santa Clara University Jan 2013

Santa Clara Magazine, Volume 55 Number 1, Fall 2013, Santa Clara University

Santa Clara Magazine

6 - ONE IN A MILLION By Michael E. Engh, S.J. A note of thanks from the president to SCU alumni. For the Leavey Challenge, you came through in record numbers to secure a $1 million challenge grant for the University.

20 - GOOD LIGHT: A PHOTO RETROSPECTIVE with Charles Barry. For a quarter century he has told Santa Clara's stories in photographs. Here are a few.

26 - YES, BUT IS IT THE RIGHT THING TO DO? By Sam Scott '96. From business to government to college campuses, it's not always a question that gets asked. But here's how …


Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii Jan 2013

Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii

Homeland Security Publications

No abstract provided.


The National Institutes Of Health, Patents, And The Public Interest: An Expanded Rationale Of Justice Breyer’S Dissent In Stanford V. Roche, Nida Shakir Jan 2013

The National Institutes Of Health, Patents, And The Public Interest: An Expanded Rationale Of Justice Breyer’S Dissent In Stanford V. Roche, Nida Shakir

Marquette Intellectual Property Law Review

In February 2010, the Alzheimer’s Institute of America (AIA) filed a patent infringement lawsuit against Jackson Laboratory, the largest repository of research mice in the world. AIA sued Jackson Laboratory for infringing on AIA’s patent covering a DNA mutation linked to Alzheimer’s disease. Jackson Lab allegedly violated that patent by distributing mice especially bred for Alzheimer’s research. READ MORE, download the article.


Health Insurance, Employment, And The Human Genome: Genetic Discrimination And Biobanks In The United States, Eric A. Feldman, Chelsea Darnell Jan 2013

Health Insurance, Employment, And The Human Genome: Genetic Discrimination And Biobanks In The United States, Eric A. Feldman, Chelsea Darnell

All Faculty Scholarship

Does genetic information warrant special legal protection, and if so how should it be protected? This essay examines the most recent (and indeed only) significant effort by the US government to prohibit genetic discrimination, the Genetic Information Nondiscrimination Act (GINA). We argue that the legislation is unlikely to have the positive impact sought by advocates of genetic privacy and proponents of biobanks. In part, GINA disappoints because it does too little. Hailed by its promoters as “the first civil rights act of the 21st century,” GINA’s reach is in fact quite modest and its grasp even more so. But …


Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy Jan 2013

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.


Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr Jan 2013

Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Law Faculty Scholarship

Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …


Intellectual Property And Opportunities For Food Security In The Philippines, Jane Payumo, Howard Grimes, Antonio Alfonso, Stanley P. Kowalski, Keith Jones, Karim Maredia, Rodolfo Estigoy Jan 2013

Intellectual Property And Opportunities For Food Security In The Philippines, Jane Payumo, Howard Grimes, Antonio Alfonso, Stanley P. Kowalski, Keith Jones, Karim Maredia, Rodolfo Estigoy

Law Faculty Scholarship

By 2050, the Philippine population is projected to increase by as much as 41 percent, from 99.9 million to nearly 153 million people. Producing enough food for such an expanding population and achieving food security remain a challenge for the Philippine government. This paper argued that intellectual property rights (IPR) can play a key role in achieving the nation’s current goal to be food-secure and provided examples to illustrate that the presence of sound intellectual property (IP) helps foster research, development, and deployment of agricultural innovations. This paper also offered key recommendations about how the IP system can be further …


Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King Jan 2013

Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King

Law Faculty Scholarship

Executive Summary This report focuses on patent landscape analysis of technologies related to vaccines targeting parasitic worms, also known as helminths. These technologies include methods of formulating vaccines, methods of producing of subunits, the composition of complete vaccines, and other technologies that have the potential to aid in a global response to this pathogen. The purpose of this patent landscape study was to search, identify, and categorize patent documents that are relevant to the development of vaccines that can efficiently promote the development of protective immunity against helminths. The search strategy used keywords which the team felt would be general …


Biodiversity Heritage Library, Smithsonian Institution Libraries, Deanna Marcum Jan 2013

Biodiversity Heritage Library, Smithsonian Institution Libraries, Deanna Marcum

Copyright, Fair Use, Scholarly Communication, etc.

The Biodiversity Heritage Library (BHL), created in 2006, is the result of a collaboration of ten natural history museum and botanical garden libraries seeking to digitize core taxonomic literature and to make it free and openly available throughout the world. Today, the BHL includes fifteen member institutions whose efforts have shaped a collection of over 60,000 titles. It is supported through a combination of membership dues, in-kind support from member institutions, contributions from the user community, and direct support from the Smithsonian Institution Libraries, and it reaches tens of thousands of users each year. While managing the complex partnership has …


Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu Jan 2013

Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu

Research Collection Yong Pung How School Of Law

This article examines China's role in the prevention of vessel-source pollution in the South China Sea. The article argues that, although the South China Sea is a disputed sea area, China has the potential to play a leading role to improve the prevention of vessel-source pollution in this area. By playing a key role in addressing the issue of vessel-source pollution China also has the opportunity to demonstrate its willingness to co-operate to protect the marine environment of the South China Sea without inflaming the thorny sovereignty disputes in the area. First, the sovereignty disputes in the South China Sea …


The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu Jan 2013

The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu

Research Collection Yong Pung How School Of Law

This article focuses on the European Union (EU)’s potential contribution to an enhanced legal regime of the Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of EU’s Arctic policy and the EU’s competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyzes potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.


Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin Jan 2013

Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin

Faculty Scholarship

No abstract provided.


The Nagoya Protocol And Synthetic Biology Research: A Look At The Potential Impacts, Margo A. Bagley, Arti K. Rai Jan 2013

The Nagoya Protocol And Synthetic Biology Research: A Look At The Potential Impacts, Margo A. Bagley, Arti K. Rai

Faculty Scholarship

This report, prepared for the Synthetic Biology Project at the Woodrow Wilson International Center for Scholars, analyzes the 2010 Nagoya Protocol to the Convention on Biological Diversity and how it may affect U.S. researchers working in the field of synthetic biology. The objective of the Protocol is to provide a transparent framework for the acquisition and sharing of genetic resources on fair and equitable terms that facilitate the conservation of biological diversity and associated traditional knowledge. The report finds significant uncertainty surrounding the temporal scope of the Agreement as well as the types of genetic material that will be covered …


Biomedical Patents At The Supreme Court: A Path Forward, Arti K. Rai Jan 2013

Biomedical Patents At The Supreme Court: A Path Forward, Arti K. Rai

Faculty Scholarship

Although most would argue that software patents pose a bigger challenge, the U.S. Supreme Court has recently focused on biomedical patents. Two of the Court's recent decisions scaling back such patents, Mayo v. Prometheus and AMP v. Myriad, have provoked justifiable anxiety for those concerned about biomedical innovation, particularly in the area of personalized medicine. While acknowledging significant limitations in the Court's reasoning in both cases, this Essay sketches a reading that is consistent with the results and innovation-friendly.


Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman Jan 2013

Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman

All Master's Theses

The importance of cultural resource preservation cannot be overstated; however local economies are at least as important. Due to conservative archaeological site protection practices in Region 5 of the United States Forest Service, the economy of Northeastern California is being adversely affected. In an attempt to help the Forest Service make more informed management decisions and improve the Northeastern California economy, I undertook experiments on the effects of timber harvesting on lithic scatters on Modoc National Forest. The experiments involved placement of 225 glass tiles (proxy lithics) in each of three plots subject to vehicle traffic and log dragging by …


Skepticism Concerning Human Agencies: Sciences Of The Self Versus 'Voluntariness' In The Law, Paul Sheldon Davies Jan 2013

Skepticism Concerning Human Agencies: Sciences Of The Self Versus 'Voluntariness' In The Law, Paul Sheldon Davies

Arts & Sciences Book Chapters

No abstract provided.


Connecting Pixels To People: Management Agents And Social-Ecological Determinants Of Changes To Street Tree Distributions, Shawn Landry Jan 2013

Connecting Pixels To People: Management Agents And Social-Ecological Determinants Of Changes To Street Tree Distributions, Shawn Landry

USF Tampa Graduate Theses and Dissertations

Street trees are an important component of the urban forest that can provide direct and indirect benefits to social and ecological sustainability in cities. Temporal and spatial interactions between human and non-human management agents determine the distribution and health of street tree populations in urban areas. This dissertation seeks to enhance our understanding of the spatial patterns and processes affecting street trees by investigating the agents and social-ecological determinants of changes to street tree distributions in urban residential neighborhoods. The research was guided by three primary questions: (1) Are recent changes to the spatial distribution of street trees influenced by …


Are We There Yet? A Legal Assessment And Review Of The Concept Of Sustainable Development Under International Law, Evgenia Pavlovskaia Dec 2012

Are We There Yet? A Legal Assessment And Review Of The Concept Of Sustainable Development Under International Law, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Some of the most consistently utilized terms in international environmental law are “sustainable development” and “sustainability”. Sustainable development is mentioned in virtually every domestic, regional and international laws on environment, energy and natural resources. This has led to the contentions by some scholars that the concept of sustainable development has matured into customary international law, or at least has become a general principle of international environmental law. Many researchers, however, argue that the idea of sustainable development is vague, elusive and does not add much to the efficient implementation of international environmental law. This article aims to examine and discuss …


European Decisions About The 'Whack-A-Mole' Game, Drew L. Kershen Dec 2012

European Decisions About The 'Whack-A-Mole' Game, Drew L. Kershen

Drew L. Kershen

This article reports on several court decisions in Europe that illustrate the seemingly unending delays and barriers, within the EU structure, for genetically-engineered crops. Like the fun-park children’s game—wherein each time the player whacks a mole, another mole instantly pops to the surface so that the player must whack again—each time a producer of a GE crop appears to have approval for planting, another delay and barrier arises.


Moral Dilemma Judgment: A Neuroeconomic Approach, Armando F. Rocha, Fábio T. Rocha, Eduardo Massad Dec 2012

Moral Dilemma Judgment: A Neuroeconomic Approach, Armando F. Rocha, Fábio T. Rocha, Eduardo Massad

Armando F Rocha

Morals and ethics are important issues in human societies. Recently, the development of new techniques for studying the human brain has brought moral and ethical discussions to the realm of neuroscience investigations. Controversies still remain regarding the results of studies about morals and ethics and the understanding of the neurodynamics of dilemma judgment, which seems to depend on the nature of the studied dilemma (e.g., personal versus impersonal). Here, we proposed to understand the differences between personal and impersonal dilemmas in the context of losses modeled by neuroeconomic theory. The results show that the dilemma solution correlates nicely with the …