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Full-Text Articles in Law

White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto Apr 2005

White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto

Law and Contemporary Problems

The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.


A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer Oct 2002

A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer

Law and Contemporary Problems

Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.


Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging Oct 2001

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.


Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.


Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus Jul 2001

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Law and Contemporary Problems

No abstract provided.


Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger Jul 2001

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.


Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel Jul 2001

Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel

Law and Contemporary Problems

No abstract provided.


Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch Jul 2001

Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch

Law and Contemporary Problems

No abstract provided.


The Irresolution Of Rome, Ruth Wedgwood Jan 2001

The Irresolution Of Rome, Ruth Wedgwood

Law and Contemporary Problems

Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.


Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Countering The Excessive Subpoena For Scholarly Research, Michael Traynor Jul 1996

Countering The Excessive Subpoena For Scholarly Research, Michael Traynor

Law and Contemporary Problems

A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.


Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna Jul 1996

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou Jul 1996

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.


Foreword, Joe S. Cecil, Gerald T. Wetherington Jul 1996

Foreword, Joe S. Cecil, Gerald T. Wetherington

Law and Contemporary Problems

No abstract provided.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.


Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody Oct 1994

Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody

Law and Contemporary Problems

The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.


Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway Oct 1994

Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway

Law and Contemporary Problems

The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.


Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston Oct 1993

Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston

Law and Contemporary Problems

Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert Apr 1992

Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert

Law and Contemporary Problems

Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.


Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.


Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown Apr 1992

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.


Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson Apr 1992

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Law and Contemporary Problems

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.


Mass Communications And The First Amendment: An Overview, L. A. Powe Jr. Jan 1992

Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.

Law and Contemporary Problems

Traditionally, mass communications issues have been slighted or ignored in first amendment writings. The Supreme Court deals with each type of harm resulting from this issue separately.


The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii Jan 1992

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.


Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii Jan 1992

Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii

Law and Contemporary Problems

No abstract provided.


Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton Jan 1992

Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton

Law and Contemporary Problems

The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.