Law School: Recent submissions
Now showing items 101-120 of 1363
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(Genome Research, 2014)Genomic researchers increasingly are faced with difficult decisions about whether, under what circumstances, and how to return research results and significant incidental findings to study participants. Many have argued ...
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(Genome Research, 2001)The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as ...
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(New York University Law Review, 2011)Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort ...
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(Current Biology, 2007)Human behavior is not always consistent with standard rational choice predictions. The much-investigated variety of apparent deviations from rational choice predictions provides a promising arena for the merger of economics ...
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(Genome Research, 2011)In 2007, the National Human Genome Research Institute (NHGRI) established the Electronic MEdical Records and GEnomics (eMERGE) Consortium (www.gwas.net) to develop, disseminate, and apply approaches to research that ...
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(Jurimetrics, 2001)The place of the rational actor model in the analysis of individual and social behavior relevant to law remains unresolved. In recent years, scholars have sought frameworks to explain: a) disjunctions between seemingly ...
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(Hastings Women's Law Journal, 2000)This Article serves as a sequel to a previous Article: Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999). Part I briefly considers the threshold question: why consider the ...
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(Neuron, 2008-12)This article reports the discovery, from the first full-scale law and neuroscience experiment, of the brain activity underlying punishment decisions. We used functional magnetic resonance imaging (fMRI) to measure brain ...
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(Minnesota Law Review, 2018)To build resilience within the financial system, post-Crisis regulation relies heavily on banks to fund themselves more fully by issuing equity. This reserve of value should buttress failing banks by providing a mechanism ...
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(Stanford Law Review, 2019)Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, 38 states have sought to reduce litigation and medical malpractice liability by enacting ...
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(University of Illinois Law Review, 2019)Blockbuster punitive damages awards, i.e., those awards exceeding $100 million, attract attention based on their sheer size. While there have been fewer such awards in the last decade, they remain an important presence in ...
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(Journal of Land Use & Environmental Law, 2014)Prepared for Florida State’s conference on “Environmental Law without Congress,” this is a sometimes tongue-in-cheek history of the Endangered Species Act, suggesting it is an example of “environmental law deism” given ...
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(Democracy: A Journal of Ideas, 2019)The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...
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The "Background Principles" of Natural Capital and Ecosystem Services--Did Lucas Open Pandora's Box? (Land Use & Environmental Law, 2007)In his majority opinion in Lucas v. South Carolina Coastal Council, Justice Scalia established the relevant background principles of state property law as the reference point for testing whether public regulation or private ...
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(Washington University Law Review, 2019)It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
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(Journal of Health Care Law & Policy, 2013)States are conducting increasingly bold experiments with their marijuana laws, but questions linger over their authority to deviate from the federal Controlled Substances Act. The CSA bans marijuana outright, and commentators ...
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(Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
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(Cornell Law Review, 2019)Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth ...
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(Marquette Law Review, 2019)Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative ...
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(Harvard Law Review, 2019)Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender ...