California Western School of Law

California Western School of Law
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    2208 research outputs found

    Legal Perspectives: The New Supreme Court

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    The States Race with the Federal Government for Stem Cell Research

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    The goal of this paper is to analyze and explain the impact of state legislation and funding on the future of stem cell research. Without federal law regulating stem cell research, funding by states and private organizations may spur competition to attract and retain leading scientists and industry in individual states. Alternatively, state-funded stem cell research may incite the federal government to react either positively or negatively to pre-empt state and private action. Traditionally, most support for scientific research comes in the form of grants from the National Institutes of Health (NIH). Due to the practical ban on stem cell research at the federal level, states have taken action to circumvent national biomedical policy. Literally, the states are serving as laboratories for both scientific research and policy decisions. Part II of this article explains the ethical divide surrounding the technique of establishing embryonic stem cell lines. Part III describes the federal policies regarding stem cell research under Presidents Clinton and George W. Bush. Part IV discusses initiatives, scientific and financial, undertaken by private investors and states to support stem cell research. Part V considers whether the state initiatives will create a state competition for researchers and industry, using state competition under corporate law as a guide

    The Common Heritage of Outer Space: Equal Benefits For Most of Mankind

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    A Human Rights Approach to Counter-Terrorism

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    The Continuing Storm: How Disaster Recovery Excludes Those Most in Need

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    Blameworthiness, Intent and Cultural Dissonance

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    Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance

    The Law and Ethics of Trade Secrets: A Case Study

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