Science and Technology Law Commons^™

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker

Duke Law & Technology Review

The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?

Direct Broadcast Satellite Service And Competition In The Multichannel Video Distribution Market: Hearing Before The H. Comm. On The Judiciary, 107th Cong., Dec. 4, 2001 (Statement Of Robert Pitofsky, Prof. Of Law, Geo. U. L. Center), Robert Pitofsky

Testimony Before Congress

No abstract provided.

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

Articles

This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …

Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw

Duke Law & Technology Review

In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.

A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw

Duke Law & Technology Review

For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.

Overview Of The Use Of Genetically Modified Organisms And Pesticides In Agriculture`, David Pimentel

Indiana Journal of Global Legal Studies

No abstract provided.

Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer

Indiana Journal of Global Legal Studies

No abstract provided.

Promise, Peril, Precaution: The Environmental Regulation Of Genetically Modified Organisms, Stephen Tromans

Indiana Journal of Global Legal Studies

No abstract provided.

Advance Informed Agreement: A Shared Basis For Governing Trade In Genetically Modified Organisms?, Aarti Gupta

Indiana Journal of Global Legal Studies

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Genetically Modified Organisms In Peasant Farming: Social Impact And Equity, Stephen B. Brush

Indiana Journal of Global Legal Studies

No abstract provided.

The Prometheus Principle: Using The Precautionary Principle To Harmonize The Regulation Of Genetically Modified Organisms, John S. Applegate

Indiana Journal of Global Legal Studies

No abstract provided.

The Great, Global Promise Of Genetically Modified Organisms: Overcoming Fear Misconceptions, And The Cartagena Protocol On Biosafety, Kurt Buechle

Indiana Journal of Global Legal Studies

No abstract provided.

Biotechnology And Agriculture: The Common Wisdom And Its Critics, Mark Sagoff

Indiana Journal of Global Legal Studies

No abstract provided.

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy, Laurence R. Helfer, Graeme B. Dinwoodie

William & Mary Law Review

No abstract provided.

Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Clive B. Jacques, Jack M. Beermann

Faculty Scholarship

In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

Articles

Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.

Using Dna Profiles To Obtain "John Doe" Arrest Warrants And Indictments, Frank B. Ulmer

Washington and Lee Law Review

No abstract provided.

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.

Nord Issues Gene Patenting Statement, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.

Toward Ecologically Sustainable Water Management: The Roles Of Science And Technology, Brian D. Richter

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

5 pages.

Scientific And Social Landscapes: New Frameworks And Forums For Water Management And Sustainability, Christine Turner, Herman Karl

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

11 pages.

Contains 2 pages of references.

Agenda: Two Decades Of Water Law And Policy Reform: A Retrospective And Agenda For The Future, University Of Colorado Boulder. Natural Resources Law Center, Hydrosphere Resource Consultants, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick & Stowell, P.C., Perkins Coie Llp, The William And Flora Hewlett Foundation

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

1 v. (various pagings) ; 29 cm

"Sponsors: Hydrosphere Resource Consultants; Modrall, Sperling, Roehl, Harris & Sisk, P.A.; Patrick & Stowell, P.C.; Perkins Coie LLP; The William and Flora Hewlett Foundation."

Conference speakers, moderators and/or panelists included University of Colorado School of Law professors Gary C. Bryner, Douglas S. Kenney, Sarah Krakoff, Kathryn Mutz, David H. Getches, Lawrence J. MacDonnell and James N. Corbridge, Jr.

Includes bibliographical references

The conference will examine the agenda for reforming and improving water law that has developed during the past two decades in the West, assesses what has (and has not) been accomplished by …

Using Water More Efficiently, Barton H. Thompson Jr.

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

23 pages.

Contains footnotes.

Agricultural Water Use Efficiency, Gordon Mccurry

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

3 pages (includes color illustrations).

International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw

Duke Law & Technology Review

International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie

University of Michigan Journal of Law Reform

In the 1993 landmark case Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court articulated its position on the admissibility of scientific evidence. The Court reasoned that federal judges should rely on the processes scientists use to identify unreliable research, including the process of peer review, to determine when scientific evidence should be inadmissible. In response, lawyers and their clients, seeking to rely on such evidence, have begun funding and publishing their own research with the primary intention of providing support to cases they are litigating. This Article examines the phenomenon of litigation-generated science, how it potentially undermines …

Politics, Childhood Sexual Abuse, And Science Abuse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the latest political developments concerning the scientific analysis of childhood sexual abuse.