Word: legalism
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Dates: during 1990-1999
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This week, a team of Harvard legal experts filed a court challenge to a law that postpones the expiration of copyrights on intellectual property. The challenge was filed by Berkman Professor of Law Lawrence Lessig; Weld Professor of Law Charles R. Nesson '60; Jonathan L. Zittrain, executive director of the Law School's Berkman Center for Internet & Society; and Geoffrey S. Stewart of the Boston law firm Hale and Dorr...
Nesson characterized the case as a clash of "logic and power," and his colleague Lessig noted that it is the first legal challenge of its kind...
...point to make his case a subject of clinical study in my Winter Evidence Class. The focus of this class in on how to prove things, the nature of truth, the role of law and communications in the process. I set about, with my class, exploring both facts and legal theories on which Peter could proceed. Our first objective was to conduct our own investigation sufficiently to warrant return with request for reconsideration to the Joint Committee, this time with sufficient muscle to induce the members of the committee to take our claim seriously. We used Open Internet as means...
...internal procedural route of review offers value. The true audience for our appeal is not a technical legal committee, but the Harvard Faculty and the broader Harvard University Community. The true basis of our appeal is not to technical misapplication of rule, but to standards of justice and fair play. The internal procedural route may indeed turn out to be as much sham as was Peter's ad hoc committee process, but this, if it happens, will be demonstrated openly on the record of the Berkman Center and will only further strengthen our appeal...
Still more concerns, legal or otherwise, could arise with the increasing availability of tests for so-called low-penetrance genes, such as those associated with breast or colon cancer. These don't necessarily mean that the carrier will be stricken but suggest an increased risk, especially in the presence of certain "co-factors" like poor diet, alcohol or smoking. Such tests are already available for the BRCA1 and BRCA2 breast-cancer genes but at a cost of about $2,700 each, and with their limited predictive abilities, only a few are performed. Still, they raise critical questions for any woman...