Reliable Science: Overcoming Public Doubts In The Climate Change Debate,
2012
Elisabeth Haub School of Law at Pace University
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article will consider the case for instituting a domestic agency that would evaluate the findings from Intergovernmental Panel on Climate Change (IPCC) assessments to improve the credibility and legitimacy of those claims and conclusions for multiple purposes. The proposed agency would consider the robustness of an assessment's conclusions by construing the evidence through the lens of Daubert rather than Frye. Part I will outline the public debate about climate science-what the debate is about and why it exists. Part II will examine the current role of the IPCC-what it is and why it has not been successful in legitimating …
Intended Parents And The Problem Of Perspective,
2012
Penn State Law
Intended Parents And The Problem Of Perspective, Dara Purvis
Faculty Scholarship
When asked to identify the legal parents of a child, traditional family law principles look backwards in time, primarily to biology and to marriage. People using assisted reproductive technologies such as surrogacy, however, seek to manifest their intent to become parents with a forward-looking temporal perspective, before a child is conceived and born. Of the existing doctrines used to identify parentage – marital presumption, biology, functional theories, and intent – only intent facilitates a forward-looking perspective. Intent through time, however, is not treated consistently. A woman, for example, may donate an egg, and may place a baby up for adoption, …
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability,
2012
Vanderbilt University Law School
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Vanderbilt Journal of Entertainment & Technology Law
The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …
The Meningitis Outbreak: Don't Expect Miracles From The Fda,
2012
New York Law School
The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow
Other Publications
The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski,
2012
University of Michigan Law School
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Articles
In 1980, the Supreme Court gave a reassuring signal to the then-nascent biotechnology industry about the availability of patent protection for the fruits of its research when it upheld the patentability of a genetically modified living organism in Diamond v. Chakrabarty. Twenty-five years later, the Court seemed poised to reexamine the limits of patentable subject matter for advances in the life sciences when it granted certiorari in Laboratory Corporation v. Metabolite. But the Federal Circuit had not addressed the patentable subject matter issue in Laboratory Corporation, and the Court ultimately dismissed the certiorari p etition as improvidently granted. Five years …
Front Matter,
2012
Southern Methodist University
Changing Times: Changing Demands,
2012
Southern Methodist University
Changing Times: Changing Demands, Richard Linn
SMU Science and Technology Law Review
No abstract provided.
Mark Cohen: Global Intellectual Property Ambassador,
2012
Southern Methodist University
Mark Cohen: Global Intellectual Property Ambassador, Whitney Stenger
SMU Science and Technology Law Review
No abstract provided.
Paying For Privacy: An Unjust Facade,
2012
Southern Methodist University
Paying For Privacy: An Unjust Facade, Scott M. Ruggiero
SMU Science and Technology Law Review
No abstract provided.
Keynote Speech,
2012
Southern Methodist University
The Year In Video Game Law,
2012
Southern Methodist University
The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen
SMU Science and Technology Law Review
No abstract provided.
Brown V. Ema/Esa: U.S. Supreme Court Stops California From Playing Games With The First Amendment,
2012
Southern Methodist University
Brown V. Ema/Esa: U.S. Supreme Court Stops California From Playing Games With The First Amendment, Christian Genetski
SMU Science and Technology Law Review
No abstract provided.
Social Gaming Legal Issues' Impact On Creative, Development, And Business Success,
2012
Southern Methodist University
Social Gaming Legal Issues' Impact On Creative, Development, And Business Success, Richard Hilleman, Joseph Olin, Tom Mustaine, Carolyn Hoecker Luedtke
SMU Science and Technology Law Review
No abstract provided.
Paying And Playing,
2012
Southern Methodist University
Paying And Playing, Mark Methenitis, Marco Mereu, Pietro Macchiarella, Steve Nix
SMU Science and Technology Law Review
No abstract provided.
Optimizing Copyright Duration For The Digital Age,
2012
Southern Methodist University
Optimizing Copyright Duration For The Digital Age, Brady W. Frazier
SMU Science and Technology Law Review
No abstract provided.
Killing The Internet To Keep America Alive: The Myths And Realities Of The Internet Kill Switch,
2012
Southern Methodist University
Killing The Internet To Keep America Alive: The Myths And Realities Of The Internet Kill Switch, Scott M. Ruggiero
SMU Science and Technology Law Review
No abstract provided.
A Review Of 2011 Video-Game Litigation And Selected Cases,
2012
Southern Methodist University
A Review Of 2011 Video-Game Litigation And Selected Cases, Kent Jordan, Robert Wilkinson
SMU Science and Technology Law Review
No abstract provided.
Criminal Punishment For Cyberbullying: In Re Rolando S.,
2012
Southern Methodist University
Criminal Punishment For Cyberbullying: In Re Rolando S., Caitlin R. Clark
SMU Science and Technology Law Review
No abstract provided.
Apple, Inc. V. Amazon.Com Inc.: Corporate Bullying Through Trademark Infringement,
2012
Southern Methodist University
Apple, Inc. V. Amazon.Com Inc.: Corporate Bullying Through Trademark Infringement, Robert M. Gallman
SMU Science and Technology Law Review
No abstract provided.
Front Matter,
2012
Southern Methodist University
