University of Southern California

Volume 79, Number 1 (November, 2005)

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    Rethinking Rights in Biospace
    Article by Robin Feldman

    Twenty-five years ago, federal courts opened the door to the biotechnology revolution by granting patents on genetic inventions. Since that time, decisions across five disparate doctrines reflect confusion over the question of whether the definition of a biotechnology invention should include things beyond the state of the art at the time of the invention. Reaching beyond the state of the art may make sense for mechanical inventions, but it is wreaking havoc in doctrines related to biotechnology...

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    A Jeffersonian Republic by Hamiltonian Means: Values, Constraints, and Finance in the Design of a Comprehensive and Contemporary American “Ownership Society”
    Article by Robert Hockett

    Use of the phrase “ownership society” to designate an end state toward which one believes that American policy should strive entails certain commitments. The usage cannot mean merely that public policy ought to seek to bring about a society in which some people own some things; we have lived in that society, without interruption, since the first days of our republic. Nor can use of the phrase contemplate merely a society whose law recognizes, vindicates, and protects property rights; again, that...

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    Judging the Three-Judge Panel: An Evaluation of California’s Proposed Redistricting Commission
    Note by Nicholas D. Mosich

    A movement to reform the method of drawing state legislative and U.S. congressional districts has been slowly spreading across the country for decades. The movement’s goal: to revoke state legislatures’ control over redistricting and cede it to independent redistricting commissions. Spurred by progressively less competitive elections for the U.S. House of Representatives and state legislatures, and by the increasing success of partisan and bipartisan gerrymanders in manipulating the outcomes of...

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    The Price of Silence: The Prosecution of Domestic Violence Cases in Light of Crawford v. Washington
    Note by Jeanine Percival

    A woman calls 911 and says, “Please. I need an ambulance. My husband just attacked me and I’m eight months pregnant. He hit me in the stomach and I’m bleeding. I think I’m losing the baby.” The home is located outside a small town. When the police and ambulance arrive after some time, the wife is unconscious at the bottom of a staircase and the woman’s husband is there, claiming to have just arrived home to find his wife in this condition. The wife has bruises all over her body and the baby i...

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