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Articles 391 - 420 of 420
Full-Text Articles in Science and Technology Law
On The Relevance Of The Admissibility Of Scientific Evidence: Tort System Outcomes Are Principally Determined By Lawyers’ Rates Of Return, Lester Brickman
On The Relevance Of The Admissibility Of Scientific Evidence: Tort System Outcomes Are Principally Determined By Lawyers’ Rates Of Return, Lester Brickman
Cardozo Law Review
The attention generated by Daubert v. Merrell Dow Pharmaceuticals, Inc. reflects the perceived importance of the issue of the admissibility of scientific evidence in tort litigation. In products liability litigation, whether claimants prevail often depends upon expert testimony presented on the issue of causation. Unless a claimant is able to have the expert's testimony admitted, there will be little or no chance of prevailing. Thus, though it is disputed whether Daubert will extend or contract tort liability, it is undisputed that its importance lies in its impact on the scope of tort liability.
Dna And Daubert, Barry C. Scheck
Dna And Daubert, Barry C. Scheck
Cardozo Law Review
The most intriguing aspect of Daubert v. Merrell Dow Pharmaceuticals, Inc. is that the Supreme Court never applied its new analytic framework for the admissibility of scientific evidence to the facts of the case. Either the deviltry, or the genius, of the Daubert decision lies in the details.
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Cardozo Law Review
In 1992 Judge Becker and Professor Orenstein referred to the Frye issue - the admissibility of novel scientific evidence-as the "most controversial and important unresolved question" in the Federal Rules of Evidence. Indeed, during the prior decade the federal courts had battled over the issue, as had their state counterparts. Similarly, text writers and law review commentators vigorously disagreed about the proper standard for admitting scientific evidence. While one ABA report on the Federal Rules explored the Frye issue and concluded that it "is not clear that any standard would produce agreement at the moment," another report cited it as …
In Memory Of Herbert Tenzer, Norman Lamm
In Memory Of Herbert Tenzer, Norman Lamm
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Memory Of Herbert Tenzer, Frank J. Macchiarola
In Memory Of Herbert Tenzer, Frank J. Macchiarola
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introduction, Frank J. Macchiarola
Introduction, Frank J. Macchiarola
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Four Questions About Art, Marci A. Hamilton
Four Questions About Art, Marci A. Hamilton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Must Carry And The Courts: Bleak House, The Sequel, Nicholas W. Allard
Must Carry And The Courts: Bleak House, The Sequel, Nicholas W. Allard
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Articles
No abstract provided.
In Appreciation Of Jack Burns, Frank J. Macchiarola
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 …
Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra
Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Moment Of Constitutional Opportunity, Marci A. Hamilton
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.
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Cardozo Law Review
No abstract provided.
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack
The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introduction, Ronald J. Palenski
Introduction, Ronald J. Palenski
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Works Made For Hire" After Community For Creative Non-Violence V. Reid: The Need For Statutory Reform And The Importance Of Contract, Michael B. Landau
"Works Made For Hire" After Community For Creative Non-Violence V. Reid: The Need For Statutory Reform And The Importance Of Contract, Michael B. Landau
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Cardozo Law Review
No abstract provided.
The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo
The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman
Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman
Cardozo Law Review
No abstract provided.
On Not Compensating For Bad Outcomes To Biomedical Innovations: A Response And Modest Proposal, Alan J. Weisbard
On Not Compensating For Bad Outcomes To Biomedical Innovations: A Response And Modest Proposal, Alan J. Weisbard
Cardozo Law Review
No abstract provided.
In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer
In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Articles
The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.
Electrifying The First Amendment, Mark S. Nadel
Electrifying The First Amendment, Mark S. Nadel
Cardozo Law Review
No abstract provided.
Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh
Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh
Cardozo Law Review
No abstract provided.
The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss
The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss
Cardozo Law Review
No abstract provided.
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Articles
The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.