THE CIRCUIT
CURRENT CONTENT

Guilt, Greed, and Furniture: Using Mel Brooks’s The Twelve Chairs to Teach Dying Declarations

17 Feb 2012 02:35pm Lenora Ledwon 

Sexual Epistemology and Bisexual Exclusion: A Response to Russell Robinson’s “Masculinity as Prison: Race, Sexual Identity, and Incarceration”

15 Jan 2012 11:12am Michael Boucai 

Inside Out

23 Dec 2011 09:13am Elizabeth F. Emens 

Russell Robinson has done it again. With Masculinity as Prison: Sexual Identity, Race, and Incarceration, he has given us another provocative Article, which illuminates a phenomenon in the world and, indirectly, in ourselves.

The Article represents much of what generally makes Robinson's work so compelling. First, he writes about tremendously complex subjects and attends to their many complexities in remarkably lucid prose. Second, despite his critical perspective, he does not hesitate to make prescriptive arguments. In this Article, he even ventures into the hallowed ground of constitutional argument, something he has not done since his first article on race-based casting. Third, Robinson is not afraid to offend people by taking controversial positions, yet for the most part he does not seem to court controversy. Finally, he manages to bridge multiple modes of scholarly writing, employing diverse methodologies to analyze problems rigorously and to transform readers' perspectives along the way. For example, Robinson often brings together empirical scholarship- whether extant social science data or his own empirical investigations-with narrative legal scholarship. Although this Article omits the personal narratives that sometimes characterize his writing, it is replete with evocative material from the characters he interviewed.

 

Standing to Sue in the Myriad Genetics Case

23 Nov 2011 09:07am Megan M. La Belle 

A short time ago, a three-judge panel of the United States Court of Appeals for the Federal Circuit issued its decision in Ass'n for Molecular Pathology v. USPTO (Myriad Genetics), one of the most important patent cases in recent history. The Myriad case addresses the controversial question whether isolated human genes related to breast and ovarian cancer can be patented. The case has garnered significant attention from various industries, the Department of Justice, the legal academy, the media, and the public. Features on the lawsuit have appeared in the New York Times, Washington Post, Wall Street Journal, and Los Angeles Times, and approximately forty amicus briefs were filed with the court. So far, commentators and amici have focused primarily on the substantive legal issues: Should genes be patentable subject matter? How do gene patents impact medical research and health care? Do gene patents promote innovation as required by the Constitution? Yet, the Myriad case also raises important questions about the justiciability of patent declaratory judgment disputes that have received surprisingly little attention.

 

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