Archive for the 'Volume 86-1' Category



Desegregating Teachers

Our public schools are more segregated than is commonly recognized. Through an original empirical study of 157 school districts, this Article uncovers that teachers are resegregating, just as students are. Many educators, policymakers, and legal scholars would find no fault with this resegregation because they disconnect integration from quality of education. The consequences of [...]

Categories: Articles, In Print, Volume 86, Volume 86-1, Volumes | Posted: September 2, 2008


Beyond Indigenous Property Rights: Exploring the Emergence of a Distinctive Connection Doctrine

Human rights law has begun to offer normative protection for what remains of indigenous lands. Yet territory now better defended from conquest and encroachment is increasingly threatened by their byproducts. Water scarcity, food security, waste deposition, climate change-in short, the multiple impacts of industrial development-pose a new territorial challenge to indigenous communities that will [...]

Categories: Articles, In Print, Volume 86, Volume 86-1, Volumes | Posted: September 2, 2008


The Wreckage of Recklessness

“Recklessness” is one of the oldest concepts in Anglo-American tort law, and it is also one of the most poorly understood. Often identified as a tort falling somewhere between “negligence” and “intentional misconduct,” recklessness has evaded precise judicial interpretation for two hundred years. The Restatement of Torts defines recklessness as conscious disregard of a [...]

Categories: Articles, In Print, Volume 86, Volume 86-1, Volumes | Posted: September 2, 2008


Thar Be Treasure Here: Rights to Ancient Shipwrecks in International Waters—A New Policy Regime

Who owns the remains and contents of ancient shipwrecks found on the high seas? The finder? The nation under whose flag the sunken ship originally sailed? The culture from which the wreck and artifacts originated? With the discovery of the RMS Titanic in 1985, a flurry of academic activity arose addressing the ambiguities of [...]

Categories: In Print, Notes, Volume 86, Volume 86-1 | Posted: September 2, 2008


KSR: Have Gene Patents Been KO’d? The Non-Obviousness Determination of Patents Claiming Nucleotide Sequences When the Prior Art Has Already Disclosed the Amino Acid Sequence

As the fields of biotechnology and recombinant DNA have grown, so has the interest in biotechnology patents. One need only look to the financial potential of biotechnology patents to see one reason for this interest. For example, Amgen is the owner of a patent on the human erythropoietin gene, and utilizes this patent to [...]

Categories: In Print, Notes, Volume 86, Volume 86-1 | Posted: September 2, 2008


Vol. 86:1


Categories: In Print, In Print - Table of Contents, Volume 86, Volume 86-1 | Posted: September 2, 2008