Center for Latin American and Caribbean Studies Scholarly Works: Recent submissions
Now showing items 281-300 of 736
-
The Evolution and Development of Biolaw
(2011)Biolaw has come of age as an academic discipline. This rapidly growing legal discipline possesses a Janus nature that encompasses both the law of biology and the biology of law. Advances in the biological sciences, such ... -
Beauty in the Eye of the Judicial Beholder
(2011)Humans tend to demonstrate strong preferences for images they consider aesthetically pleasing. Aesthetic preferences often manifest themselves in the law, and are especially relevant to forms of intellectual property ... -
Family Law and the Genomic Revolution
(UMKC School of Law, 2010)The Genomic Revolution, gene patent law, and genetic alternation will have profound effects on the family and family law. Increasingly, the possibility exists of precisely genotyping offspring (or even gametes). The effects ... -
Planted Obsolescence: Synagriculture and the Law
(University of Idaho College of Law, 2012)Supporters of GM agriculture have had a long row to hoe in achieving public acceptance for the safety of this important technology. Controversy has surrounded the foundational technology of recombinant DNA methods, the ... -
DNA Copyright
(Valparaiso University Law, 2011)Copyright law has traditionally afforded protection to works of authorship such as books, magazines, photographs, paintings, music, and sculpture. The Copyright Act has proved admirably flexible at accommodating novel ... -
Book Review: Human Rights and the WTO: The Case of Patents and Access to Medicines
(The Intellectual Property Law Center Golden Gate University School of Law, 2010)Human rights and patent rights have become increasingly intertwined in discussions surrounding access to pharmaceutical drugs by citizens of developing countries. This discussion is a particularly contentious one for reasons ... -
Neurobiology and Patenting Thought
(University of New Hampshire School of Law, 2009)Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long ... -
Beauty Fades: An Experimental Study of Federal Court Design Patent Aesthetics
(The University of Georgia School of Law, 2012)Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts ... -
Open and Proprietary Biological Innovation in Human Genetic Enhancement
(Washington University School of Law, 2009)Open source has been championed by many scholars as a superior system for promoting innovation, not only in software but latterly in biology. Though software code and genes appear superficially similar in the sense that ... -
Patent Law, HIPPO, and the Biodiversity Crisis
(John Marshall Law School (Chicago), 2010)Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, ... -
Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral
(Yale Law School, 2011)In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected ... -
Patents to the Rescue - Disasters and Patent Law
(DePaul University College of Law, 2007)The patent system can play a vital role in preparing for, mitigating, reacting to, and preventing disasters. In the far term, it ensures that society continually improves its technological capacity to deal with disasters. ... -
Gene Concepts, Gene Talk, and Gene Patents
(University of Minnesota Law School, 2010)Since the existence of a discrete unit of heredity was first proposed by Gregor Mendel, scientific concepts of the “gene” have undergone rapid evolution. Beyond obvious epistemic and operational importance to the scientific ... -
Metaphysics and Patenting Life
(University of Missouri-Kansas City School of Law, 2007)The patent systems of most countries have gradually extended patent protection to inventions involving, and even consisting of, living organisms. In fact, the World Trade Organization ("WTO") Agreement on Trade-Related ... -
Synthesizing Law for Synthetic Biology
(University of Minnesota Law School, 2010)In his Nobel Prize acceptance speech more than half a century ago, Edward L. Tatum suggested an ambitious new goal for biology: "not only to avoid structural and metabolic errors in the developing organism, but also to ... -
An Extinction Bar to Patentability
(Georgetown University Law Center, 2008)Biodiversity possesses significant economic value, not least as a source of natural biochemicals discovered through bioprospecting. However, human activities are currently destroying biodiversity at a rapid rate, along ... -
Physiological Steps Doctrine
(Boalt Hall School of Law, University of California at Berkeley, 2008)In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For ... -
Patents and the Regress of Useful Arts
(Columbia Law School, 2009)Patent systems are often justified by an assumption that innovation will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems. ... -
Cooking a Cuban Ajiaco: The Columbian Exchange in a Stewpot
(World History Association, 2006) -
Paraguay and Mercosur: The lesser of two evils?
(2013-07-19)
