November 2005 Vol. 104 No. 2 THE REVIEW
ARTICLES

Tributes to John Pickering

This Issue is Dedicated to John Pickering, Class of 1940

John Pickering was one of the University of Michigan Law School’s most distinguished alumni. Although it is impossible to capture all of the ways in which he influenced the law, the legal profession, and generations of lawyers, parts of his story are told in the following tributes, which are adapted from the transcript of a special session of the U.S. District Court for the District of Columbia held in his honor on May 11, 2005.

Deterrence versus Brutalization: Capital Punishment's Differing Impacts among States

Joanna M. Shepherd
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Uncertainty and Informed Choice: Unmasking Daubert

Margaret A. Berger & Aaron D. Twerski
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Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting

Lawrence A. Cunningham
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NOTES

Planting a Standard: Proposing a Broad Reading of In re Elsner

Alicia L. Frostick

In re Elsner grew out of the rejection of the plant patent applications of Mr. Elsner and Mr. Zary. Mr. Elsner is a plant breeder who resides in Germany and who maintains and “invents” new geraniums. In 1997 he filed an application for a Plant Breeder’s Rights (“PBR”) certificate at the European Community Plant Variety Office that was subsequently published. The application was for a new type of geranium that originated as a mutation of a parent geranium named Pendec.

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