Law Commons^™

Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Open Legislation Development, Jacob Ewerdt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Enablement Pendulum Swings Back, Sean B. Seymore

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson

Law Faculty Scholarly Articles

The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report …

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Scholarship and Professional Work - Business

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …

The Red Booklet On Feminist Equality. Instead Of A Manifesto, Dana Neacsu

Law Faculty Publications

If feminist legal theory were to face its legacy today, it would see that its tremendous value rests in its means more than in its ends. True, it has produced palpable results for its promoters domestically. It satisfied many feminists' discrete incremental requests, from Women's History Month to a limited right to bear or beget. While feminism partially satisfied well-identified gendered demands, it has ignored their “base” or frame. I argue that it has ignored basic calls for social justice. As shown here, how gendered demands are satisfied depends on whether basic demands for food and shelter have even been …

A New Playground: Sexual Predators And Pedophiles Online: Criminalizing Cyber Sex Between Adults And Minors, Tyler P. Lovejoy

St. Thomas Law Review

There is a danger that exists every time a child or minor logs onto the Internet, as pedophiles no longer need to confront their victims "face-to-face." Within the depths of their homes and personal offices, sexual predators have been able to extend their influence across the world and into every home where a child lives that comports to the predator's certain or specific tastes. In a survey conducted by the Crimes Against Children Research Center, the institution, housed at the University of New Hampshire, revealed that nearly one (1) in five (5), or nineteen percent (19%), of children using the …

Witches And Communists And Internet Sex Offenders, Oh My: Why It Is Time To Call Off The Hunt, Dara L. Schottenfeld

St. Thomas Law Review

Part I of this Comment will examine the events in Salem which brought the phrase "witch hunt" into the public vocabulary. Part II will focus on Joseph McCarthy's ability to convince a nation that Communists had infiltrated this country and had to be stopped at any cost. Part III of this Comment will shed light on the truth concerning internet sex offenders and the role the media has played in fostering the hysteria surrounding them. Part IV will show how this most recent witch hunt has influenced lawmakers to move from punitive to preventative measures. Part V will seek to …

Legal Aspects Of Animal Sacrifice Within The Context Of Afro-Caribbean Religions, Jose A. Lammoglia

St. Thomas Law Review

Animal sacrifices are at the core of many religious rituals within the context of Afro-Caribbean Belief Systems. These religions, also known as New World religions, are a mixture of Catholic and pre-Christian African beliefs, among them Cuban Santeria, Palo, and Haitian Voodoo. Cuban Santeria is also known as Yoruba, Lukumi, and Regla de Osha' The ritual animal sacrifices found within the context of these religions follow guidelines similar to those of Muslim and Kosher Jewish practices. Only the healthiest animals are chosen as offerings to the gods or orishas. The ritual sacrifice happens in a swift manner to allow for …

A Pluralistic Approach To Oppression And Latino Terra Nullius, Valerie J. Phillips

St. Thomas Law Review

This paper contains the substance of a talk that I gave at LatCrit XII in Miami, Florida on Panel C4: Coalition Building, Globally and Locally. It is an outgrowth of my observation of the relative lack of participation by indigenous peoples from the Americas, particularly from the South, within LatCrit itself. It draws on my lived experiences at LatCrit's South-North Exchange on Theory, Culture, and Law in San Juan, Puerto Rico in May of 2005 (SNX 2005) as well as the comments of my hotel roommate, June McCue at the University of British Columbia law school in Canada. The topic …

The National Conference Of Law Reviews Symposium Issue, Alfredo Garcia

St. Thomas Law Review

The articles in this issue contain a common thread: the importance of the enduring values embedded in our Constitution, especially during times when our country confronts challenges that threaten the security of its citizens. In a thoughtful retrospective, one author reminds us of the continuing struggle of the civil rights movement to bring to life the concepts of equality and due process, which form the core of our collective and individual freedoms. It is my honor to distill, in this introduction, the lessons embodied in the penetrating and thought-provoking pieces that comprise this volume.

Unexpected Plans, Alberto Gonzales

St. Thomas Law Review

This speech was presented on March 13, 2008, at the National Conference of Law Reviews in Key Biscayne, Florida.

Privacy Issues In The 21st Century, Steven Clark

St. Thomas Law Review

This speech was presented on March 13, 2008, at the National Conference of Law Reviews in Hollywood, Florida.

Afterword, Megann Denefrio, Michael Delgado

St. Thomas Law Review

Few know the process of hosting the 2008 National Conference of Law Reviews ("NCLR") commenced more than two years before it was realized in Chicago, Illinois at the 2006 NCLR. The national organization had no schools bidding to host in 2008, and representatives made a plea to the general assembly for bids. Melissa O'Connor, the Articles Solicitation Editor at the time, believed the St. Thomas Law Review would be perfect for the job. With a few phone calls and an impressive Powerpoint presentation, Ms. O'Connor made the bid. The vote was in, and the St. Thomas Law Review was the …

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.

Reincarnating The "Major Questions" Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail Moncrieff

Faculty Scholarship

In a pair of cases declaring a major questions exception to Chevron deference, the Supreme Court held that executive agencies may not implement major policy changes without explicit authorization from Congress. But in Massachusetts v. EPA, the Court unceremoniously killed its major questions rule, requiring the EPA to implement one such major policy change. Because the scholarly literature to date has failed to discern a worthy justification for the major questions rule, the academy might be tempted to celebrate the rule's death. This Article, how-ever, argues that the rule ought to be mourned and, indeed, reincarnated. It offers a non-interference …

Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar

Articles, Book Chapters, & Popular Press

In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …

Securing The Rule Of Law Through Interpretive Pluralism: An Argument From Comparative Law, Richard Stith

Law Faculty Publications

Can law rule? For law to rule, it must be enforced. But when law is enforced, not it but its enforcers may rule. To bind those enforcers firmly to the law, they, too, would have to be subjected not only to law but also to a still stronger force—which itself may then be lawless. The very effort to secure the rule of law appears to lead instead to ever more powerful human rulers.

Put another way: If we abolish the police and the courts, in order to leave people truly “not under man but under God and the law,”1 we …

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …

Review Of Jonathan Baron, Against Bioethics, Chad Flanders

All Faculty Scholarship

This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."