Science and Technology Law Commons^™

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones

Michigan Law Review

For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer

University of Michigan Journal of Law Reform

Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Michigan Law Review

Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.

Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld

Articles

No abstract provided.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Redefining The Bases For Admissibility Of Expert Scientific Testimony, Clifton T. Hutchinson, Danny S. Ashby

Cardozo Law Review

Daubert v. Merrell Dow Pharmaceuticals, Inc. is not only, or even primarily, a case about the viability of Frye v. United States and "general acceptance" as the criterion for evaluating expert testimony. Principally, it is a case about the preconditions of Federal Rule of Evidence 702, the sole provision in the Federal Rules that authorizes the use of expert testimony. The question as framed by petitioners in the course of argument was whether trial courts may screen scientific expert testimony under any real test. The Supreme Court answered this question strongly in the affirmative.

Petitioners' recurring theme was that Rule …

The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried

Cardozo Law Review

On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The decision was not only preceded by intense media attention; the decision was also immediately followed by a massive-and growing-volume of commentary. As is usually true with landmark decisions, it is imperative to identify what the Court decided and what the Court left unresolved.

In Appreciation Of Jack Burns, Frank J. Macchiarola

Cardozo Law Review

Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …

The Moment Of Constitutional Opportunity, Marci A. Hamilton

Cardozo Law Review

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.

Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sociological Justice, Christopher M. Adams

Michigan Law Review

A Review of Sociological Justice by Donald Black

Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne

Michigan Law Review

A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Sociobiology And The Law: The Biology Of Altruism In The Courtroom Of The Future, Charles F. Weiss

Michigan Law Review

A Review of Sociobiology and the Law: The Biology of Altruism in the Courtroom of the Future by John H. Beckstrom

Contemporary Social Problems, Georgia Briscoe

Publications

No abstract provided.

The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King

Michigan Law Review

What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …

The Engineers In The Price System, Alfred A. Desimone Jr.

Michigan Law Review

A Review of America by Design: Science, Technology, and the Rise of Corporate Capitalism by David F. Noble

The Proposed "Science Court", James A. Martin

Michigan Law Review

This article discusses the desirability of establishing some kind of science court. Section I examines arguments in favor of the creation of a science court. Section II compares the truth-seeking devices of the scientific method and the legal system in order to assess their merits in assisting the public policymakers faced with issues involving scientific matters. Section III discusses the various models that have been proposed for a science court. Section IV concentrates on the model proposed by Dr. Arthur Kantrowitz, taking it as the preferred model, and defends it against some criticism while suggesting various refinements. Section V examines …

Governmental Control Of Research In Positive Eugencis, I. Scott Bass

University of Michigan Journal of Law Reform

This article examines the potential societal problems that would accompany the implementation of eugenics programs and considers possible mechanisms for dealing with these problems. Governmental control of research in positive eugenics is identified as a practical means of preempting the undesirable consequences of scientific advances. Since proposed government research controls would infringe upon academic freedom of inquiry, the constitutional issues raised by this clash are framed and analyzed.

Book Reviews, Francis E. Barkman, Stephen Gorove

Vanderbilt Law Review

An Anatomy of Values: Problems of Personal and Social Choice

Charles Reich, of Yale Law School, has given us a vision of a whole new society in The Greening of America. Charles Fried, of Harvard Law School, has more limited objectives in An Anatomy of Values: Problems of Personal and Social Choice. He is content for the moment to examine the nature of a rational end and, in light of this analysis, to discuss limited aspects of traditional ends such as morality and justice.

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The Law Relating to Activities of Man in Space:

This book may be regarded as …

The Social Control Of Science And Technology, Michael S. Baram

Faculty Scholarship

Science and technology increasingly work changes in the complex matrix of society. These changes pervade our ecological systems and our physical and psychic health. Less perceptibly, they pervade our culture, our values, and our value based institutions such as the law. In turn, our values and institutions shape the progress and utilization of science and technology.

As we know, science and technology have provided society with enormous material benefits and a higher standard of living and health. But we now realize that this process has been accompanied by alarming rates of resource consumption and many new hazards to ecological systems …

Science And The Law Symposium: Introduction, David F. Cavers

Michigan Law Review

This symposium reflects a growing concern that, in a period when our society is being rapidly transformed by science and technology, increasing attention be directed to the bearing of this development on law as our society's primary control system. Moreover, since law can exert some influence on the rate and direction of scientific and technological change, the examination must extend as well to the bearing of law on the processes of that change.

Law And Science In Our Age, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman

Michigan Law Review

A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.

Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg

Michigan Law Review

"How to inform the judicial mind, as you know, is one of the most complicated problems,'' said Justice Frankfurter during argument of the school segregation cases. And as law deals more and more with issues of great public consequence the judiciary's need for knowledge increases. Much of this knowledge is within the realm of what are called the social sciences.

Although jurisprudents and social scientists have long complained of a gulf between law and social science, little notice has been given to the recent, recurrent collaboration between the two at the trial level. In a variety of cases social scientists' …