The Article addresses why this practice is likely to continue, and advances several reasons why the Supreme Court should impose an unequivocal bar on sentence opinion testimony in capital trials. It has also created new markets for faculty-created works. This Article explores who owns these materials. The Article addresses the competing interests of faculty and universities.
Educators are concerned about academic freedom and control of their work product.
Universities are concerned about competition from their own faculty and the continued right to use faculty-created material in which they have invested considerable resources. Both sides are interested in who gets paid when others seek to use these materials. It also offers proposals for written agreements which allocate rights between faculty and universities. Most states now recognize a tort cause of action for wrongful conception, typically resulting from a failed sterilization. States differ, however, in determining whether damages should be awarded for child-rearing expenses and what factors juries can consider in setting such damage awards.