Can Dna Be Speech?,
2016
Touro College Jacob D. Fuchsberg Law Center
Can Dna Be Speech?, Jorge R. Roig
Scholarly Works
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …
Alternatives To March-In Rights,
2016
Vanderbilt University Law School
Alternatives To March-In Rights, David S. Bloch
Vanderbilt Journal of Entertainment & Technology Law
The Bayh-Dole Act is an inspired piece of legislation. But its "march-in" provisions are too often a source of confusion and fear for private-sector companies that want to do business with the US government--despite the fact that the government has never exercised its march-in rights. Are there alternatives to march-in rights that would effectively serve the government's public policy needs while eliminating this perceived threat to private intellectual property rights? This Article describes march-in rights in theory and practice, and then weighs several alternatives to traditional Bayh-Dole march-in rights.
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data,
2016
Vanderbilt University Law School
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
Open government data policies have become a significant part of innovation strategies in many countries, allowing access, use and re-use of government data to improve government transparency, foster civic engagement, and expand opportunities for the creation of new products and services. Rarely, however, do open data policies address intellectual property rights that may arise from free access to government data. Ownership of knowledge goods created from big data is governed by the default rules of intellectual property laws which typically vest ownership in the creator/inventor. By allowing, and in some cases actively encouraging, private capture of the downstream goods created …
Strategic And Tactical Totalization In The Totalitarian Epoch,
2016
The Catholic University of America, Columbus School of Law
Strategic And Tactical Totalization In The Totalitarian Epoch, Adam J. Macleod
Scholarly Articles
This article examines the totalization of private law by public authorities. It compares and contrasts the fate of private law in totalitarian regimes with the role of private law in contemporary, non-totalitarian liberal democracies. It briefly examines the Socialist jurisprudence of the former Soviet Union and its treatment of private law. It offers an explanation why private law might be inimical to the jurisprudence of the Soviet Union and totalitarian regimes more generally. It next examines the totalization of law accomplished by segregationist regimes in the mid-twentieth century, comparing and contrasting those regimes with totalitarian regimes. Then it turns to …
Tax Planning And Policy Drift,
2016
University of Colorado Law School
Tax Planning And Policy Drift, Sloan G. Speck
Publications
This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …
Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality,
2016
University of Colorado Law School
Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality, Suzette M. Malveaux
Publications
No abstract provided.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction,
2015
University of Maryland Francis King Carey School of Law
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Maryland Law Review
No abstract provided.
Parallels In Public And Private Environmental Governance,
2015
The Wharton School, University of Pennsylvania
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Michigan Journal of Environmental & Administrative Law
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …
Water, Water, Everywhere: Surface Water Liability,
2015
Washington and Lee University School of Law
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Public Trust Doctrine Implications Of Electricity Production,
2015
University of Delaware
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Foreword: Private And Public Revisited Once Again,
2015
University of Maryland Francis King Carey School of Law
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
Taking Turns,
2015
University of Haifa
Taking Turns, Ronen Perry, Tal Z. Zarsky
Florida State University Law Review
No abstract provided.
Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship,
2015
University of Michigan Law School
Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark
University of Michigan Journal of Law Reform Caveat
In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring regnant …
Medicine As A Public Calling,
2015
University of Michigan Law School
Medicine As A Public Calling, Nicholas Bagley
Michigan Law Review
The debate over how to tame private medical spending tends to pit advocates of government-provided insurance—a single-payer scheme—against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century— and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not …
Who Are We?: The Quest For Identity In Law,
2015
Dalhousie University
Who Are We?: The Quest For Identity In Law, Colin Jackson, Kim Brooks
Dalhousie Law Journal
Scholars from Haraway to Foucault to Freud, from Bourdieu to Erikson to Scarry have theorized identity across continents and among disciplines. Despite the rich material available, however, interrogations of identity in law have remained isolated within substantive areas of law (those working on identity in evidence law have not necessarily met issue with those exploring identity in constitutional law, for example), and have been more limited in scope and imagination than the interrogations undertaken in other disciplines.
Books Received,
2015
University of Georgia School of Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Expression- European Commission Of Human Rights Find That Injunction Against Newspaper Article On Case During Out-Of-Court Negotiations, Upheld By The House Of Lords, Violates Article 10 Of The European Convention For The Protection Of Human Rights And Fundamental Freedoms,
2015
University of Georgia School of Law
Freedom Of Expression- European Commission Of Human Rights Find That Injunction Against Newspaper Article On Case During Out-Of-Court Negotiations, Upheld By The House Of Lords, Violates Article 10 Of The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Alan S. Peevy
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Sovereign Immunity- Communist And Socialist Organizations- Effect Of State's System Of Property Ownership On Determination Of Agency Or Instrumentality Status Under The Foreign Sovereign Immunities Act Of 1976,
2015
University of Georgia School of Law
Foreign Sovereign Immunity- Communist And Socialist Organizations- Effect Of State's System Of Property Ownership On Determination Of Agency Or Instrumentality Status Under The Foreign Sovereign Immunities Act Of 1976, Timothy A. Peterson, Harger W. Hoyt
Georgia Journal of International & Comparative Law
No abstract provided.
Sea Changes And The American Republic,
2015
University of Georgia School of Law
Sea Changes And The American Republic, Dean Rusk, Milner S. Ball
Georgia Journal of International & Comparative Law
No abstract provided.
Fairness, Trust And Security In Online Dispute Resolution,
2015
Creighton University
Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow
Journal of Public Law and Policy
No abstract provided.
